These Terms of Use were updated on December 3, 2025.
Your continued use of the Services constitutes your acceptance of the updated policies and terms below.
Terms of Use - Updated December 3, 2025
Table of Contents
- Definitions
- Intellectual Property Ownership and License
- Client Registration
- Equal Housing Opportunity
- User-Generated Content
- User Guidelines
- How WE ARE REALTY May Communicate with You
- Third Party Sites
- WE ARE REALTY Applications
- Apple App Store Terms
- Google Services Terms
- SMS/MMS Messaging Terms
- Termination and Suspension
- Indemnification
- Disclaimers
- Limitation of Liability
- Dispute Resolution
- Additional Legal Terms
- Taxes and Financial Obligations
- MLS Agreements and Disclaimers
- Partner Terms of Use
This website and the WE ARE REALTY Services and Software Applications (the "Sites"), together with the services provided through the Sites (collectively the Sites and services are the "Services") are owned and operated by WE ARE REALTY ("WE ARE REALTY", "we", "us", "our""), a licensed real estate brokerage headquartered at 4007 Riverview Blvd, Bradenton, FL 34209.
These Terms of Use which include the Privacy Policy, serve as the "Agreement" between you and WE ARE REALTY regarding the Services, and include information about your rights and responsibilities about content and our limitation of liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement in full. If you don't agree with (or cannot comply with) the Agreements, then you may not use the Service or consume any Content.
These terms of use refer specifically to the software, processes and data available through wearerealty.com and the subsidiary sites such as shop.wearerealty.com. WE ARE REALTY as a company, also offers additional products and lawful professional real estate services. These additional services, such as listing a property for sale or purchasing a property with a WE ARE REALTY agent will require additional terms generally with lawful listing and purchase agreements approved by the association of realtors in order to become a WE ARE REALTY Client; those agreements are not covered in the follow terms of use.
In order to use WE ARE REALTY, You must be:
- A Citizen, legal resident or lawful investor of the United States of America.
- Above the age of 13 and of legal age in the state where you live
- Not located in, under the control of, or a national or resident of any country subject to U.S. trade embargoes or sanctions
- Not listed on any U.S. Government list of prohibited or restricted parties
If you do not meet this criteria please do not use the Sites and Services.
Export Control and Trade Restrictions: You represent and warrant that you and your Authorized Users are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, subject to change). You further represent that you are not listed on, or owned or controlled by a person or entity on, any U.S. Government list of prohibited or restricted parties, including the Treasury Department's list of Specially Designated Nationals and Blocked Persons, or the Commerce Department's Denied Persons List, Entity List, or Unverified List. You agree to comply with all applicable U.S. export and re-export control laws and regulations, including the Export Administration Regulations maintained by the Commerce Department and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control. You will not access or use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms. You will not use the Services for any purpose prohibited by export control or sanctions laws, including without limitation for the development, design, manufacture, or production of nuclear, chemical, or biological weapons or missile technology.
1. Definitions
A. Services consist of a set of software programs, interfaces and webpages including source code, copy, data, images, video and other content running on computers hosted at Provider sites or at third-party hosting facilities accessible via the Internet as described in this Agreement and the Site.
B. Data means the prices and other market data that is (i) owned by Provider and (ii) obtained by Provider from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site.
C. Third Party Data means the prices and other data that is (i) not owned by Provider and (ii) obtained by Provider from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site.
D. Data Owner means a legal entity that holds ownership rights to some of the Data or Third Party Data (defined below) and is the original licensing source of such portion of the Data or Third Party Data when such portion of the Data or Third Party Data is not in the public domain. In cases of Third Party Data, Provider has secured redistribution agreements with the Data Owner.
E. Distinct Software Applications means software applications that automate substantially different business products, services, processes or functions of Customer. Provider reserves the right, in its sole discretion, to make a reasonable determination as to whether software applications that use the Web Services or the Data or Third Party Data constitute Distinct Software Applications.
F. Data Exchange Format means an electronic version of the Data or Third Party Data used for sharing the Data or Third Party Data between software applications, including but not limited to any application programming interface (API), any database access (MLS, ODBC, etc.), any network transmission format (e.g., EDI, SOAP, RSS, XML, etc.) and any data file format (e.g., XLS, CSV, etc.). Provider reserves the right, in its sole discretion, to determine if a particular electronic version of the Data or Third Party Data constitutes a Data Exchange Format.
G. Subscription Plan means all the subscription plans selected by the Customer in connection with the purchase of the use of the Web Services, Data and Third Party Data. The Provider posts the available subscription plans and the specific use of the Web Services, Data and Third Party Data provided by each subscription plan on the Site, as they may be updated by the Provider from time to time. The current subscription plans offered with respect to the Web Services are located at http://www.wearerealty.com/pricing.
H. Support Plan means the Support Plan selected by the Customer in connection with the purchase of the use of the Web Services, Data, and Third Party Data. The Provider posts the available support plans and specific service levels provided by each support plan on the Site, as they may be updated by the Provider from time to time. The current support plans offered with respect to the Web Services are located at http://www.wearerealty.com/pricing.
2. Intellectual Property Ownership and License
A. Data The Multiple Listing Service (MLS) Data on our Sites is the property of the individual, local Multiple Listing Services providing the data. These Multiple Listing Services have granted WE ARE REALTY the necessary licenses to display the MLS Data on the Sites. Some require us to display certain licensing information about their MLS Data and limit certain data to certain user types.
B. Copyright All materials contained with in the Services, including the selection and arrangement of the materials, are owned by WE ARE REALTY or are licensed by WE ARE REALTY for use on the Sites. Please see Section 11 (Google Services Terms) for information about third-party services integrated into the platform.
C. Trademarks WE ARE REALTY, the WE ARE REALTY logos and other WE ARE REALTY trademarks, service marks, graphics, domain names and logos used in connection with WE ARE REALTY are trademarks or registered trademarks of WE ARE REALTY in the U.S. and/or other countries.
Other trademarks and logos used in connection with WE ARE REALTY may be the trademarks of their respective owners. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions.
D. Intellectual Property Rights The WE ARE REALTY software applications and the Content are licensed to authorized users, not sold. WE ARE REALTY and its licensors retain ownership of all copies of the WE ARE REALTY software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). WE ARE REALTY may also own trade secrets and other unique information and processes that serve the functionality of the Services.
E. Copying Data Is Not Allowed WE ARE REALTY reserves all rights to the Services, Content and Data. Using software and any other means to Crawling the wearerealty.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from WE ARE REALTY.
G. Restrictions Except as enabled and directed on the Services, you may not modify, reproduce, redistribute, access or attempt to commericial gain from your use, or misuse of the Services or any of their components. You may not use any meta-tags or other hidden text using the WE ARE REALTY name or trademarks without our specific permission. WE ARE REALTY refrains the right to revoke your permission to access and use the Sites, and we may block or prevent you from accessing the Sites, in our discretion without notice. If you violate the Terms of Use, your permission to access and use the Sites is automatically revoked.
H. Reservation of Rights Except for the limited license granted above, WE ARE REALTY reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.
I. Information Aggregation WE ARE REALTY is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to WE ARE REALTY from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of WE ARE REALTY by sending feedback but it is likely that such information accuracy cannot be corrected by WE ARE REALTY and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third party listing agent under our terms with the MLSs.
3. Client Registration
We have made it extremely easy to create a client account with WE ARE REALTY. All site users are required to register for a WE ARE REALTY account in order to access property listings and other site features. This is a requirement of our various MLS agreements and will be strictly enforced.
By creating a WE ARE REALTY account you are agreeing to these Terms of Use as well as the lawful Terms of Use of our service partners. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your WE ARE REALTY profile information accurate. You agree to keep your password and other information within your account confidential. You may be the only one to use your account and not use another users account. WE ARE REALTY reserves the right to terminate accounts in its discretion.
Account Security and User Obligations: You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username and password. You agree to: (a) immediately notify WE ARE REALTY of any unauthorized use of your account or any other breach of security at security@wearerealty.com; (b) ensure that you log out from your account at the end of each session; (c) use strong passwords and change them periodically; (d) not share your account credentials with any third party; and (e) accept full responsibility for all activities that occur under your account, whether or not authorized by you. WE ARE REALTY will not be liable for any loss or damage arising from your failure to comply with these security obligations or from any unauthorized use of your account.
Accuracy of Information: You represent and warrant that all information you provide in connection with your account and your use of the Services is and will remain accurate, current, and complete. You agree to promptly update your account information to maintain its accuracy. Providing false, misleading, or fraudulent information may result in immediate termination of your account and may expose you to civil and criminal liability. WE ARE REALTY reserves the right to verify the accuracy of information provided by users and may suspend or terminate accounts where information cannot be verified or is determined to be false.
Two-Factor Authentication (2FA) and Multi-Factor Authentication (MFA): WE ARE REALTY may offer, encourage, or require two-factor authentication (2FA) or multi-factor authentication (MFA) as an additional security measure for your account. 2FA/MFA provides an extra layer of security by requiring a second form of verification beyond your password. By enabling or using 2FA/MFA, you acknowledge and agree to the following terms and conditions:
A. Mandatory 2FA Requirement: WE ARE REALTY reserves the right, at its sole discretion, to require 2FA/MFA for any or all user accounts, particularly for accounts with elevated privileges, access to sensitive information, Partner accounts, Agent accounts, or accounts engaged in financial transactions. WE ARE REALTY may implement mandatory 2FA/MFA at any time with reasonable notice. Failure to enable or maintain 2FA/MFA when required may result in restricted access to certain features, services, or your entire account, or may result in account suspension or termination.
B. Available Authentication Methods: WE ARE REALTY may offer various 2FA/MFA methods, which may include but are not limited to: (i) SMS text message codes sent to your registered mobile phone number; (ii) voice call verification; (iii) authentication codes generated by third-party authenticator applications (such as Google Authenticator, Microsoft Authenticator, Authy, or similar apps); (iv) email verification codes; (v) biometric authentication (fingerprint, face recognition); (vi) hardware security keys; (vii) backup codes; and (viii) any other authentication methods WE ARE REALTY may implement. The availability of specific authentication methods may vary and may change at any time. You are responsible for selecting and maintaining at least one (and preferably multiple backup) authentication method(s).
C. User Responsibilities for 2FA/MFA: You are solely responsible for: (i) maintaining access to and control of all devices and accounts used for 2FA/MFA (including mobile phones, email accounts, and authenticator apps); (ii) keeping your authentication devices secure and protected from unauthorized access; (iii) immediately notifying WE ARE REALTY if your authentication device is lost, stolen, compromised, or no longer accessible; (iv) maintaining current and accurate contact information for 2FA/MFA delivery; (v) securely storing any backup codes provided by WE ARE REALTY; (vi) promptly updating your 2FA/MFA settings if you change phone numbers, email addresses, or devices; and (vii) understanding and accepting any costs associated with receiving 2FA/MFA codes (such as SMS messaging fees charged by your mobile carrier).
D. Third-Party Authenticator Applications: If you choose to use a third-party authenticator application for 2FA/MFA, you acknowledge that: (i) such applications are provided by third parties and are not owned, controlled, or operated by WE ARE REALTY; (ii) your use of such applications is subject to the third party's terms of service and privacy policy; (iii) WE ARE REALTY is not responsible for the functionality, availability, security, or performance of third-party authenticator applications; (iv) WE ARE REALTY has no obligation to support or troubleshoot issues with third-party authenticator applications; and (v) you are responsible for maintaining access to your authenticator application and for backing up your authentication credentials (such as QR codes or secret keys) in a secure location.
E. Account Recovery and Lost Authentication Devices: If you lose access to your 2FA/MFA device or method, you must contact WE ARE REALTY immediately through our account recovery process. Account recovery may require: (i) identity verification through alternative means, which may include providing government-issued identification, answering security questions, verifying previous transaction details, or other verification methods determined by WE ARE REALTY in its sole discretion; (ii) additional time for security review and verification (which may take several business days); and (iii) cooperation with WE ARE REALTY's security procedures. WE ARE REALTY reserves the right to deny account recovery requests if we cannot adequately verify your identity. You acknowledge that account recovery procedures are designed to protect your account security and may involve delays. WE ARE REALTY strongly recommends that you: (a) set up multiple 2FA/MFA methods as backups; (b) securely save any backup codes provided during 2FA/MFA setup; and (c) keep your contact information current to facilitate account recovery.
F. 2FA/MFA Limitations and Disclaimers: YOU ACKNOWLEDGE AND AGREE THAT: (i) no security measure, including 2FA/MFA, is completely infallible or guarantees absolute security; (ii) 2FA/MFA is designed to enhance security but does not eliminate all security risks; (iii) you remain responsible for maintaining the security of your authentication devices and methods; (iv) WE ARE REALTY does not guarantee that 2FA/MFA will prevent all unauthorized access to your account; (v) WE ARE REALTY is not liable for any security breaches, unauthorized access, or losses that occur despite the use of 2FA/MFA; (vi) 2FA/MFA delivery methods (particularly SMS) may be subject to delays, failures, or interception; and (vii) you assume all risks associated with your chosen 2FA/MFA methods.
G. Changes to 2FA/MFA Services: WE ARE REALTY reserves the right to: (i) modify, update, discontinue, or replace any 2FA/MFA methods at any time; (ii) add new authentication methods or requirements; (iii) change the mandatory 2FA/MFA policies or requirements; and (iv) suspend or disable 2FA/MFA for specific accounts if necessary for security, technical, or operational reasons. WE ARE REALTY will provide reasonable notice of material changes to 2FA/MFA requirements where practicable, but may implement immediate changes if necessary for security purposes.
H. Limitation of Liability for 2FA/MFA: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE REALTY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR HARM ARISING FROM: (i) your inability to access your account due to loss of your 2FA/MFA device or credentials; (ii) delays in account recovery processes; (iii) failures, malfunctions, or unavailability of 2FA/MFA systems or delivery methods; (iv) unauthorized access to your account despite use of 2FA/MFA; (v) your failure to properly configure, maintain, or use 2FA/MFA; (vi) third-party authenticator application failures or issues; or (vii) any other issues related to 2FA/MFA implementation or use. You expressly assume all risks related to your use of 2FA/MFA and agree to maintain appropriate backups and backup authentication methods.
I. SMS and Communication Costs for 2FA: If you elect to receive 2FA codes via SMS text message or voice call, you acknowledge that: (i) standard message and data rates from your mobile carrier will apply; (ii) WE ARE REALTY is not responsible for any charges you incur from your mobile carrier; (iii) the delivery of SMS/voice 2FA codes depends on your mobile carrier and may be subject to delays or failures beyond WE ARE REALTY's control; (iv) international SMS delivery may not be supported or may incur additional charges; and (v) you are responsible for ensuring your mobile device and carrier support the receipt of SMS messages and calls from WE ARE REALTY's authentication systems.
4. Equal Housing Opportunity
The Federal Fair Housing act passed by the United States Federal Government in 1968 was intended to protect the rights of all persons looking to buy, sell, invest or rent real estate. WE ARE REALTY strictly complies with all laws regarding equal housing opportunities and will continue to support all lawful persons looking to purchase, invest or dispose of real estate in which race, color, religion, sex, handicap, sexual orientation, familial status and national origin will not be used as a factor to determine ones eligibility to transact.
5. User-Generated Content
A. User-Generated Content Registered, active users of WE ARE REALTY may submit, post, and/or contribute ("submit") content to the Service which may include for example videos, text, messages, information, property listings, financial details, ideas, reviews, comments, photos, or other content to WE ARE REALTY and the Sites ("Submissions"). All Submissions must comply with the WE ARE REALTY Community Guidelines below. You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Use, including our Community Guidelines, the rights of any third party or applicable laws. You are solely responsible for your Submissions. WE ARE REALTY may, but is not obligated to, monitor and edit or remove Submissions, and has no obligation to store Submissions.
B. License By using the services, any user-generated content Submissions grants WE ARE REALTY a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions in any form or media. WE ARE REALTY may, but is not obligated to, post the name, title, license number or other identifying information associated with the Submission.
Any information you provide, directly or indirectly to WE ARE REALTY, shall be granted a perpetual unlimited license to use, publish, distribute, remove, add, process, edit and commercialize, in any form, without any further consent, notice and/or compensation to you or to any third parties.
C. Disclaimer WE ARE REALTY takes no responsibility and assumes no liability for any Submissions posted by you or any third party. Any use of any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. WE ARE REALTY may not monitor or control the Submissions posted via the Services and, we cannot take responsibility for such Submissions. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites. WE ARE REALTY is not responsible for anothers misuse of any submission or anything else you post on WE ARE REALTY.
6. User Guidelines
WE ARE REALTY values and respects intellectual property rights and expects the same from our users and partners. In order to have a fair and balanced service and market place, we have developed certain rules and guidelines each user is required to follow when using the service. Please follow these rules and encourage other users to do the same.
A. The following is not permitted for any reason whatsoever:
- Copying, redistributing, reproducing, transferring, performing or displaying to the public, or making available to the public any part of the WE ARE REALTY Service or the Content, or otherwise making any use of the WE ARE REALTY Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights of WE ARE REALTY.
- Using the Services to publish, import, upload or copy any local files you do not have the legal right to publish.
- Transferring any copies of files or cached content from an authorized device to any other device.
- Reverse-engineering, decompiling, disassembling, modifying or creating derivative works based on the WE ARE REALTY Services, Content of any part thereof unless permitted by applicable law.
- Removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content).
- Selling, renting, sublicensing or leasing of any part of the Service or the Content.
- Circumventing any territorial restrictions applied by WE ARE REALTY of its licensors.
- Sharing or Providing your password and/or login details to any other person or using any other person's username and password.
- No solicitation unless specifically allowed by the Service features.
B. WE ARE REALTY is proud of our ethics. Please respect the owners of the Content and other users of the Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene.
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of WE ARE REALTY or a third party.
- includes your password or purposely includes any other user's personal data or purposely includes personal data of third parties or is intended to solicit such personal data.
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, using any data or other means of the WE ARE REALTY service.
- is intended to harass any other users.
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading.
- uses automated means to artificially promote content.
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by WE ARE REALTY.
- tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or WE ARE REALTY’s computer systems, network, usage rules, or any of Service’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your WE ARE REALTY account. You also agree that WE ARE REALTY may also reclaim your username for any reason.
C. Prohibited System Access and Security Activities In addition to the restrictions set forth above, you are strictly prohibited from engaging in any of the following activities with respect to the WE ARE REALTY Platform, Services, Content, or systems:
- No Automated Data Collection: Do not use bots, crawlers, scrapers, or other automated means to access, collect data, or otherwise interact with the WE ARE REALTY Platform or Content. Automated access is only permitted for legitimate web search engine indexing purposes with prior written consent.
- No Web Scraping: Do not scrape, extract, harvest, or collect any data, listings, images, or other content from the WE ARE REALTY Platform for any purpose, including but not limited to use in competing services, content aggregation, data analysis, or redistribution.
- No Security Circumvention: Do not hack, breach, avoid, remove, disable, impair, or otherwise attempt to circumvent any security measures, technological measures, access controls, authentication mechanisms, or other protective systems used to safeguard the WE ARE REALTY Platform, Services, or Content.
- No Reverse Engineering: Do not decipher, decompile, disassemble, reverse engineer, or attempt to derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of any software, hardware, or systems used to provide the WE ARE REALTY Platform or Services.
- No System Interference: Do not take any action that could damage, disable, overburden, impair, or adversely affect the performance, proper functioning, availability, or accessibility of the WE ARE REALTY Platform, Services, servers, networks, or infrastructure.
- No Denial of Service Attacks: Do not engage in any form of denial of service attack, distributed denial of service attack, or any other attempt to disrupt or interfere with the Services or access by other users.
- No Unauthorized Access: Do not attempt to gain unauthorized access to any portion of the WE ARE REALTY Platform, other users' accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means.
- No Data Mining: Do not engage in unauthorized data mining, data harvesting, data extraction, or screen scraping activities on the WE ARE REALTY Platform.
Violation of any of these prohibitions may result in immediate termination of your account, legal action, and reporting to appropriate law enforcement authorities. WE ARE REALTY reserves the right to investigate and prosecute violations of any of these restrictions to the fullest extent of the law. WE ARE REALTY may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.
D. Message Boards WE ARE REALTY offers forums where you can post your observations and comments on designated topics. WE ARE REALTY account holders can create forum topic threads. WE ARE REALTY, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that everything you share in a forum may be seen and used by other users of the Services.
E. Partner Reviews WE ARE REALTY may publish user submitted reviews of real estate service providers (title companies, real estate agents, escrow companies, lenders, home inspectors, lawyers, and others). Only WE ARE REALTY clients with a verified transaction can review a Partner on WE ARE REALTY. Partners are notified of the review and given the opportunity to respond. Service Providers or WE ARE REALTY clients who have questions can contact support@wearerealty.com.
7. How WE ARE REALTY May Communicate with You
For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in), you agree that WE ARE REALTY may communicate with you through the contact information associated with your WE ARE REALTY account or WE ARE REALTY Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your Account Settings or settings on your mobile device to control what kind of messages you receive from WE ARE REALTY. WE ARE REALTY has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making those requests, you authorize WE ARE REALTY to share your personal information including your home search history, favorites and saved searches, with a real estate professional (a WE ARE REALTY Agent or staff member, or a Partner Agent, as defined below). When you make such a request to WE ARE REALTY you are extending an express invitation for WE ARE REALTY, or another appropriate entity or person, to contact you. A Partner Agent is employed by or works with another brokerage, but has teamed up with us to provide WE ARE REALTY-quality service to a wider range of customers. We'll refer you to a Partner Agent in our discretion.
Telephone Communications and Consent to Contact: By providing your telephone number(s) to WE ARE REALTY, you expressly consent and authorize WE ARE REALTY, its agents, employees, representatives, affiliates, and third-party service providers to contact you at any telephone number you provide (including mobile, cellular, or wireless numbers), for any purpose related to your account, transactions, the Services, or as otherwise permitted by these Terms. This express consent includes contact by:
- Live voice calls initiated by human agents
- Artificial or prerecorded voice messages
- Automatic telephone dialing systems (auto-dialers)
- Predictive dialers
- Interactive voice response (IVR) systems
- Any other automated or manual calling technology
You acknowledge that by providing your telephone number, you may receive calls from WE ARE REALTY, and you agree that such communications do not violate any federal or state telemarketing, do-not-call, or similar laws or regulations, including but not limited to the Telephone Consumer Protection Act (TCPA). You represent that you are the authorized user of the telephone number(s) you provide to WE ARE REALTY. You agree to notify WE ARE REALTY immediately if you change your telephone number or if you are no longer the authorized user of the number. Standard telephone minute and text messaging rates charged by your telephone carrier will apply to calls and messages you receive from WE ARE REALTY. WE ARE REALTY is not responsible for any charges you may incur for communications from us.
Consent to Receive SMS/MMS Text Messages and Electronic Communications: By providing your mobile telephone number and/or email address to WE ARE REALTY and by using the Services, you expressly consent to receive text messages (SMS and MMS), emails, push notifications, in-app messages, and other electronic communications from WE ARE REALTY, its agents, representatives, affiliates, and third-party service providers. These communications may include, but are not limited to:
- Transactional messages related to your account, appointments, property tours, and service requests
- Informational messages about property listings, market updates, and neighborhood information
- Promotional and marketing messages about WE ARE REALTY services, special offers, and real estate opportunities (where you have provided consent for marketing communications)
- Operational messages including system notifications, alerts, and service updates
- Customer service communications and responses to your inquiries
- Appointment reminders and scheduling confirmations
- Verification codes and authentication messages
- Survey and feedback requests
You acknowledge and agree that messages may be sent using an automatic telephone dialing system or other automated technology. Message and data rates may apply. The frequency of messages will vary depending on your interactions with WE ARE REALTY and the nature of your account. You can opt-out of marketing text messages at any time by replying "STOP" to any marketing message, but you may continue to receive transactional and operational messages related to your account and use of the Services. You agree to maintain accurate contact information and to notify us immediately of any changes to your mobile number or email address. See Section 12 (SMS/MMS Messaging Terms) for additional details regarding text messaging.
Express Consent to Recording of All Communications: YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND CONSENT THAT WE ARE REALTY MAY MONITOR, INTERCEPT, RECORD, STORE, TRANSCRIBE, AND RETAIN ANY AND ALL COMMUNICATIONS, CONVERSATIONS, AND INTERACTIONS BETWEEN YOU AND WE ARE REALTY OR ITS REPRESENTATIVES, REGARDLESS OF THE MEDIUM OR METHOD OF COMMUNICATION. This express consent includes, without limitation:
- Telephone Calls: All incoming and outgoing telephone calls, whether initiated by you or WE ARE REALTY, including calls to customer service, sales representatives, real estate agents, support staff, or any other WE ARE REALTY personnel
- Text Messages: All SMS and MMS text messages sent to or received from WE ARE REALTY, including message content, images, videos, and metadata
- Emails: All email communications sent to or received from WE ARE REALTY email addresses, including message body, attachments, headers, and metadata
- Video Calls: All video conferencing sessions, virtual property tours, and video communications conducted through any platform
- Chat and Messaging: All live chat sessions, instant messages, in-app messaging, and communications through the WE ARE REALTY platform
- Social Media: Communications through social media platforms where WE ARE REALTY maintains a presence
- In-Person Conversations: Where permitted by law, conversations at WE ARE REALTY offices, open houses, property showings, or other business locations may be recorded via audio or video surveillance
- Voicemail Messages: Any voicemail messages you leave for WE ARE REALTY personnel or systems
- Screen Recordings: Your interactions with WE ARE REALTY websites, applications, and digital platforms, including screen recordings and session replays
Purpose and Use of Recorded Communications: Recorded communications may be monitored, reviewed, analyzed, and retained for the following purposes: (a) quality assurance and service improvement; (b) training of staff and agents; (c) legal and regulatory compliance; (d) dispute resolution and evidence in legal proceedings; (e) fraud detection and prevention; (f) security and risk management; (g) customer service evaluation; (h) business analytics and performance monitoring; (i) enforcement of these Terms of Use; (j) verification of instructions and agreements; and (k) any other lawful business purpose. By continuing to communicate with WE ARE REALTY after receiving notice of this recording policy, you reaffirm your consent to such recording. Where required by applicable law, you will receive notification at the beginning of recorded telephone calls (e.g., "This call may be monitored or recorded for quality assurance purposes"). Your decision to continue the communication after receiving such notice constitutes your express consent to the recording.
Retention and Storage of Communications: WE ARE REALTY may retain recorded communications for such period as WE ARE REALTY deems necessary or appropriate for the purposes stated above, or as required by applicable law or regulation. Retention periods may vary based on the type of communication, the nature of the transaction, legal requirements, and business needs. Recorded communications are stored securely in accordance with WE ARE REALTY's data security practices and Privacy Policy. You acknowledge that recorded communications may be subject to disclosure pursuant to legal process, regulatory requirements, or as otherwise described in our Privacy Policy.
Withdrawal of Consent: While you have provided express consent to communications and recording as a condition of using the Services, you may withdraw your consent for marketing communications at any time by contacting us at privacy@wearerealty.com or by following the opt-out instructions provided in marketing messages. However, you acknowledge that withdrawing consent for transactional, operational, or service-related communications may limit or prevent your ability to use the Services, and may result in termination of your account. Withdrawal of consent to recording does not apply retroactively to communications already recorded prior to your withdrawal. Some communications may be required by law to be recorded, and in such cases, your withdrawal of consent may result in WE ARE REALTY's inability to provide certain services to you.
8. Third Party Sites
WE ARE REALTY may include links to third party websites ("Third Party Sites") in its Services, including links to Third Party Sites from our Open Book Directory. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. WE ARE REALTY is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.
9. WE ARE REALTY Applications
WE ARE REALTY offers services through applications built using WE ARE REALTY's platform ("WE ARE REALTY Applications"). Examples of WE ARE REALTY Applications include, without limitation, its smart phone applications (WE ARE REALTY for Android, WE ARE REALTY for iPad, or WE ARE REALTY for iPhone), and WE ARE REALTY "Share" buttons, which allow you to share your activities on the Sites with your friends using social media or email. You acknowledge you are responsible for all charges and necessary permissions related to accessing WE ARE REALTY through your mobile access provider.
A. Geolocation Services: The WE ARE REALTY Applications may use location-based services to provide you with relevant property listings, neighborhood information, and other location-specific content. By using our mobile applications, you consent to our collection, use, and sharing of your location data as described in our Privacy Policy. You may disable location services at any time through your device settings, but doing so may limit the functionality of certain features. Location data may be collected even when the app is not actively in use if you have granted "always allow" location permissions. We use geolocation data to: (i) show you properties near your current location; (ii) provide directions to properties; (iii) analyze market trends by geographic area; (iv) enhance your search experience with location-based recommendations; and (v) comply with legal requirements. Location data is collected, processed, and stored in accordance with our Privacy Policy and applicable law.
B. Beta Features and Experimental Services: From time to time, WE ARE REALTY may offer features, tools, or services that are designated as "beta," "preview," "experimental," "trial," or similar designations (collectively, "Beta Features"). Beta Features are provided "AS-IS" without any warranties, express or implied, and may contain bugs, errors, or defects. Beta Features may not function properly, may cause disruptions to other services, and may be modified or discontinued at any time without notice. Your use of Beta Features is entirely at your own risk. WE ARE REALTY makes no commitments that Beta Features will be made generally available or that any specific functionality will be maintained. Feedback you provide regarding Beta Features may be used by WE ARE REALTY without any obligation to you. The disclaimers and limitations of liability in these Terms apply with full force to Beta Features. WE ARE REALTY may collect additional usage data regarding Beta Features to improve the Services.
10. Apple App Store Terms
If you access or download the WE ARE REALTY application from the Apple App Store, you acknowledge and agree that:
A. These Terms of Use are concluded between you and WE ARE REALTY only, and not with Apple Inc. ("Apple"). As between WE ARE REALTY and Apple, WE ARE REALTY, not Apple, is solely responsible for the WE ARE REALTY application and the content thereof.
B. Your use of the WE ARE REALTY application must comply with Apple's then-current App Store Terms of Service and Apple's Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
C. The license granted to you for the WE ARE REALTY application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in Apple's App Store Terms of Service, except that such application may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing programs.
D. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the WE ARE REALTY application. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be WE ARE REALTY's sole responsibility.
E. WE ARE REALTY, not Apple, is responsible for addressing any claims you or any third party may have relating to the WE ARE REALTY application or your possession and/or use of the application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
F. In the event of any third-party claim that the WE ARE REALTY application or your possession and use of the application infringes that third party's intellectual property rights, WE ARE REALTY, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
G. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
H. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Google Services Terms
The WE ARE REALTY platform utilizes various Google services to enhance your experience. Your use of these services is subject to the following terms and conditions:
A. Google Translate - Certain features of the WE ARE REALTY software may include translations powered by Google Translate. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Translations are provided for your convenience only, and WE ARE REALTY makes no representations or warranties regarding the accuracy or completeness of any translated content. You should not rely solely on translated content for important decisions or legal matters.
B. Google Maps/Earth - The WE ARE REALTY platform incorporates mapping services provided by Google Maps/Earth, including Google Maps API(s). Your use of Google Maps/Earth through the WE ARE REALTY platform is subject to the following:
(i) Google Maps/Google Earth Additional Terms of Service available at https://maps.google.com/help/terms_maps.html;
(ii) Google Privacy Policy available at https://www.google.com/policies/privacy/;
(iii) Google Maps/Google Earth Legal Notices available at https://maps.google.com/help/legalnotices_maps.html.
C. Restrictions on Use - You agree not to: (i) use Google services in a manner that violates Google's terms of service or policies; (ii) copy, modify, or create derivative works of any Google content; (iii) reverse engineer or attempt to extract source code from Google services; or (iv) use Google services for any illegal or unauthorized purpose.
D. Attribution - Portions of the WE ARE REALTY platform that use Google Maps are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License. Where required, WE ARE REALTY will display appropriate attribution to Google for its services.
E. Changes to Google Services - Google may change, suspend, or discontinue any of its services at any time without notice. WE ARE REALTY is not responsible for any changes, suspension, or discontinuation of Google services that may affect your use of the WE ARE REALTY platform.
F. No Endorsement - The use of Google services on the WE ARE REALTY platform does not imply any endorsement by Google of WE ARE REALTY or its services. Google is not affiliated with WE ARE REALTY and has no responsibility for the WE ARE REALTY platform or services.
12. SMS/MMS Messaging Terms
1. User Consent for SMS/MMS Messaging
By providing your mobile phone number and opting-in to receive SMS or MMS messages from WE ARE REALTY, you consent to receive text messages, including messages sent by an automatic telephone dialing system, at the mobile phone number provided. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services from WE ARE REALTY.
2. Message Frequency
The number of messages you receive will vary based on your interaction with WE ARE REALTY services. Standard message and data rates may apply.
3. Opting Out of SMS/MMS Messaging
You can opt-out of receiving text messages from WE ARE REALTY at any time by replying "STOP" to any text message from WE ARE REALTY. You will receive a one-time opt-out confirmation text message. If you opt-out, you agree to receive this confirmation message. You can also opt-out by contacting our customer service team.
4. Help and Support
If you need assistance with SMS/MMS messaging, reply "HELP" to any text message or contact our customer service team at support@wearerealty.com. Standard message and data rates may apply to any messages sent and received.
5. Privacy and Security
Your privacy is important to us. Our Privacy Policy (http://www.wearerealty.com/privacy) describes how we collect, use, and share your personal information. We will take all reasonable steps to ensure that your data is treated securely and in accordance with this policy.
6. Changes to SMS/MMS Messaging Terms
WE ARE REALTY reserves the right to modify these SMS/MMS Messaging Terms at any time. Any changes will be effective immediately upon posting to this page. Your continued receipt of text messages from WE ARE REALTY will constitute your acceptance of any changes.
12.2 Termination
You may terminate this agreement at any time by sending us an email or by deleting your account. WE ARE REALTY Software may terminate this agreement and your account for any reason by providing you 30 days' notice via email or using any other contact information you have provided for your account. WE ARE REALTY Inc. may also terminate this agreement immediately and without notice and stop providing access to the WE ARE REALTY Software if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect WE ARE REALTY Inc, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
Company reserves the right to change our services, including to add or remove features and functionalities or change the types of Listings we accept or allow on the platform, including but not limited to: improve or update our services, prevent abuse, or respond to legal requirements.
13. Termination and Suspension
You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you'd like to deactivate your account, please visit your Account Settings or contact Customer Service. WE ARE REALTY may terminate this Agreement or your account at any time, with or without notice.
Account Suspension: WE ARE REALTY reserves the right to immediately suspend or restrict your access to all or any part of the Services, with or without prior notice, if: (a) you breach or violate any provision of these Terms of Use; (b) your account is being used in a manner that could cause legal liability for WE ARE REALTY or other users; (c) your account activity indicates potential fraudulent, illegal, or unauthorized activity; (d) we are required to do so by law or legal process; (e) we reasonably believe suspension is necessary to protect the security, integrity, or availability of the Services; (f) your account has outstanding unpaid fees or charges; (g) you are engaging in conduct that we determine, in our sole discretion, is harmful to WE ARE REALTY, our users, or third parties; or (h) we reasonably suspect any violation of applicable laws, regulations, or third-party rights. During any suspension period, you will not be able to access your account or use the Services, but your data will be preserved in accordance with our data retention policies. Suspension does not relieve you of your obligations to pay any outstanding fees owed to WE ARE REALTY. We will use reasonable efforts to provide you with notice of the suspension and an opportunity to cure the issue, except in cases where immediate suspension is required for legal, security, or safety reasons. WE ARE REALTY is not liable for any damages, losses, or harm arising from account suspension, and you agree that suspension does not entitle you to any refunds or credits unless expressly required by applicable law.
Effect of Termination: Upon termination or expiration of your account, whether by you or by WE ARE REALTY: (i) your right to access and use the Services immediately ceases; (ii) you must immediately cease all use of any WE ARE REALTY trademarks, logos, or other proprietary materials; (iii) all outstanding fees and charges owed to WE ARE REALTY become immediately due and payable; (iv) WE ARE REALTY may, but is not obligated to, delete your account data and Content in accordance with our data retention policies; and (v) you remain liable for all obligations incurred prior to termination. You acknowledge that WE ARE REALTY has no obligation to maintain, export, or return your Content after termination, and you should maintain your own backups.
Survival of Terms: Upon termination of your account or this Agreement, the following provisions shall survive and continue in full force and effect: Sections 2 (Intellectual Property Ownership and License), 5 (User-Generated Content - License provisions), 6 (User Guidelines - to the extent of prior violations), 13 (Termination), 14 (Indemnification), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Dispute Resolution), and 18 (Additional Legal Terms). Any obligations or liabilities that accrued prior to termination shall survive termination. All licenses granted by you to WE ARE REALTY under these Terms shall survive termination.
14. Indemnification
You agree to indemnify WE ARE REALTY and hold WE ARE REALTY harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the WE ARE REALTY Sites or using the WE ARE REALTY Services.
15. Disclaimers
WE ARE REALTY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE ARE REALTY DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE ARE REALTY AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY WE ARE REALTY OR ANYTHING RELATED TO WE ARE REALTY, YOU MAY DEACTIVATE YOUR WE ARE REALTY ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 13 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. WE ARE REALTY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH WE ARE REALTY TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. WE ARE REALTY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, WE ARE REALTY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. WE ARE REALTY DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE ARE REALTY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE ARE REALTY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
No Professional Advice: THE INFORMATION, TOOLS, AND SERVICES PROVIDED THROUGH THE WE ARE REALTY PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL REAL ESTATE ADVICE, LEGAL ADVICE, FINANCIAL ADVICE, TAX ADVICE, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. The property listings, market data, valuations, estimates, calculations, and other information provided on the Services should not be relied upon as the sole basis for any real estate transaction or financial decision. WE ARE REALTY is not acting as your real estate agent, broker, attorney, accountant, financial advisor, or fiduciary unless you have entered into a separate written agreement with a licensed WE ARE REALTY professional specifically establishing such a relationship. You should consult with appropriate licensed professionals (including real estate agents, attorneys, accountants, inspectors, and lenders) before making any real estate or financial decisions. Any estimates, projections, or opinions expressed on the platform are subject to change without notice and should not be construed as guarantees of future results or property values. WE ARE REALTY expressly disclaims any liability arising from your reliance on information provided through the Services without obtaining appropriate professional advice.
IN NO EVENT WILL WE ARE REALTY OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST WE ARE REALTY OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by WE ARE REALTY, or to any acts or omissions for which you may contend WE ARE REALTY is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Tampa, Florida. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by WE ARE REALTY. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Tampa, Florida or the Middle District of Florida. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
CLASS ACTION WAIVER: YOU AND WE ARE REALTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and WE ARE REALTY agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and WE ARE REALTY, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Tampa, Florida or the Middle District of Florida. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. Notices You may contact us here. Or via mail or courier at: WE ARE REALTY Inc. ATTN: Legal, 4007 Riverview Blvd, Bradenton, FL 34209.
C. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and WE ARE REALTY regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WE ARE REALTY services.
D. Amendments to This Agreement We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.WE ARE REALTY.com or notifying you otherwise. For example, we may present a notification on the Services when we have materially amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 9 (Termination).
E. No Waiver Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
F. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
G. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, WE ARE REALTY for any third party that assumes our rights and obligations under this Agreement.
H. Legal Mandates WE ARE REALTY may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described in Section 13 (Termination). Such actions may include, but are not limited to, suspending or terminating your account, removing or disabling access to content, disclosing user information to authorities, or implementing restrictions on the use of the Services. WE ARE REALTY will not be liable to you or any third party for taking such actions in good faith compliance with legal requirements.
I. Force Majeure WE ARE REALTY shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, pandemics, epidemics, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of a force majeure event, WE ARE REALTY's performance obligations shall be suspended for the duration of such event, and WE ARE REALTY shall have an extension of time for performance equal to the period of delay caused by such event. If the force majeure event continues for more than ninety (90) days, either party may terminate this Agreement upon written notice to the other party.
J. No Agency Relationship No agency, partnership, joint venture, employment, or franchise relationship is created between you and WE ARE REALTY by these Terms of Use or by your use of the Services. You acknowledge that browsing property listings, using tools, or accessing information on the WE ARE REALTY platform does not create a fiduciary relationship, agency relationship, or client-broker relationship between you and WE ARE REALTY unless and until you enter into a separate written agreement with a WE ARE REALTY licensed agent or broker specifically establishing such a relationship. Neither party has any authority to bind the other or to incur any obligation on behalf of the other. You may not represent yourself as an agent, employee, or representative of WE ARE REALTY.
K. Feedback and Suggestions: If you provide WE ARE REALTY with any feedback, suggestions, ideas, recommendations, proposals, comments, or other input regarding the Services, our business operations, or any aspect of WE ARE REALTY's operations ("Feedback"), you hereby grant WE ARE REALTY a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback (in whole or in part) and to incorporate the Feedback into current or future products, services, or technologies without any obligation to compensate you or any third party. You represent and warrant that: (i) you have all necessary rights to provide the Feedback to WE ARE REALTY; (ii) the Feedback does not violate any third-party rights; and (iii) the Feedback does not contain any confidential or proprietary information. You acknowledge and agree that WE ARE REALTY is under no obligation to: (a) maintain any Feedback in confidence; (b) pay you any compensation for the Feedback; or (c) respond to or implement any Feedback. WE ARE REALTY may use Feedback for any purpose, including but not limited to developing, improving, or marketing products and services.
K-1. Competitor Restrictions: If you are a direct competitor of WE ARE REALTY (defined as any individual or entity that offers or plans to offer services that compete with WE ARE REALTY's real estate technology platform, brokerage services, listing services, or related offerings), you are prohibited from accessing or using the Services for competitive intelligence, benchmarking, reverse engineering, developing competing products or services, or any other competitive purposes without WE ARE REALTY's prior written consent. You may not use the Services to monitor the availability, performance, or functionality of WE ARE REALTY's platform for competitive purposes or to copy any ideas, features, functions, or graphics. Violation of this provision may result in immediate termination of your access and may subject you to legal liability. WE ARE REALTY reserves the right to determine, in its sole discretion, who constitutes a direct competitor and to terminate or deny access to anyone we determine to be a competitor. This restriction does not apply to consumers legitimately seeking real estate services or to non-competing real estate professionals using the Services in accordance with these Terms.
K-2. Service Availability and Uptime: While WE ARE REALTY strives to provide reliable and continuous access to the Services, we do not guarantee that the Services will be available, accessible, or operational at all times or without interruption. The Services may be subject to planned or unplanned downtime, maintenance, upgrades, outages, delays, failures, or disruptions due to various factors including but not limited to: (i) scheduled maintenance and updates; (ii) hardware or software failures; (iii) network congestion or failures; (iv) third-party service provider issues; (v) cyber attacks, security incidents, or malicious activities; (vi) force majeure events; (vii) traffic spikes or overwhelming demand; or (viii) any other factors beyond WE ARE REALTY's reasonable control. WE ARE REALTY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING SERVICE UPTIME, AVAILABILITY, RELIABILITY, OR PERFORMANCE. You acknowledge that temporary interruptions in service availability may occur and WE ARE REALTY shall not be liable for any damages, losses, or consequences arising from service unavailability, downtime, or degraded performance. You are solely responsible for maintaining appropriate backup systems and contingency plans for your business operations. WE ARE REALTY reserves the right to suspend or discontinue any aspect of the Services at any time for maintenance, upgrades, or operational reasons.
K-3. Audit Rights: WE ARE REALTY reserves the right, upon reasonable notice and during normal business hours, to audit your use of the Services to verify compliance with these Terms of Use, including but not limited to verifying: (i) proper use of licensed services; (ii) compliance with user count or usage limits; (iii) compliance with payment obligations; (iv) proper data handling and security practices; (v) compliance with MLS data usage restrictions; and (vi) absence of unauthorized access or use. You agree to cooperate fully with any such audit and to provide WE ARE REALTY with reasonable access to relevant records, systems, and information. If an audit reveals any non-compliance, unauthorized use, or underpayment of fees, you agree to: (a) immediately cease the non-compliant activity; (b) pay any additional fees owed, plus interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less; and (c) if the underpayment or unauthorized use exceeds 5% of the fees owed, reimburse WE ARE REALTY for the reasonable costs of conducting the audit. WE ARE REALTY will treat all information obtained during an audit as confidential, except as required by law or to enforce its rights under these Terms. Failure to cooperate with an audit may result in immediate suspension or termination of your account.
K-4. Publicity and Reference Rights: Unless you expressly opt-out by notifying us in writing at legal@wearerealty.com, you grant WE ARE REALTY the right to: (i) identify you (by name and logo) as a customer or user of the Services in WE ARE REALTY's promotional and marketing materials, including on WE ARE REALTY's website, in press releases, in customer lists, in case studies, and in other marketing collateral; (ii) describe your use of the Services in general terms (without disclosing confidential information); (iii) include your company name and logo in presentations, proposals, and sales materials; and (iv) issue press releases or other public statements regarding your use of the Services, subject to your prior review and approval of the content. You represent and warrant that you have all necessary rights to grant WE ARE REALTY the right to use your name, logo, and trademarks for these purposes. You may opt-out of this publicity right at any time by providing written notice to WE ARE REALTY, and WE ARE REALTY will cease such use within thirty (30) days of receiving your opt-out request. WE ARE REALTY agrees to use your name and logo in a manner consistent with your brand guidelines (if provided) and will not imply endorsement of WE ARE REALTY beyond your actual use of the Services.
K-5. Reasonable Use and Service Limits: Your use of the Services is subject to WE ARE REALTY's Reasonable Use Policy, which may include limitations on: (i) the number of API calls or requests; (ii) data storage capacity; (iii) bandwidth or data transfer; (iv) number of users or seats; (v) number of listings or properties; (vi) frequency of searches or queries; (vii) email or SMS message volumes; and (viii) any other usage metrics specified in your Subscription Plan or communicated by WE ARE REALTY. WE ARE REALTY reserves the right to enforce these limits through technical restrictions, throttling, temporary suspension, or other means to ensure fair use and maintain service quality for all users. Excessive use that significantly exceeds normal usage patterns, degrades system performance, or impacts other users' experience may be deemed a violation of this Reasonable Use Policy. If your usage exceeds the limits of your Subscription Plan, WE ARE REALTY may: (a) require you to upgrade to a higher-tier plan; (b) charge you additional fees for excess usage; (c) throttle or limit your access; or (d) suspend or terminate your account. WE ARE REALTY will use commercially reasonable efforts to provide notice before enforcing such limitations, except in cases where immediate action is necessary to protect the Services or other users.
K-6. Formal Notice Procedures: All legal notices required under these Terms must be in writing and will be deemed given: (i) when delivered personally; (ii) when sent by confirmed electronic mail or facsimile; (iii) three (3) business days after being sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) business day after being sent by a nationally recognized overnight courier service. Legal notices to WE ARE REALTY must be sent to: WE ARE REALTY Inc., ATTN: Legal Department, 4007 Riverview Blvd, Bradenton, FL 34209, Email: legal@wearerealty.com. Legal notices to you will be sent to the email address or physical address associated with your account. You agree to keep your contact information current and accurate. WE ARE REALTY is not responsible for any consequences arising from your failure to maintain accurate contact information or your failure to receive notices sent to the contact information on file. For routine, non-legal communications, WE ARE REALTY may use any communication method specified in Section 7 (How WE ARE REALTY May Communicate with You).
K-7. Third-Party Beneficiaries: Except as expressly provided in these Terms (including Section 10 regarding Apple as a third-party beneficiary for Apple App Store Terms and Section 11 regarding Google for Google Services Terms), these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and WE ARE REALTY. No third party (including but not limited to employees, contractors, agents, MLS organizations, real estate professionals, or other users) has any right to enforce any provision of these Terms. The relationship established by these Terms is solely between you and WE ARE REALTY, and no third-party beneficiary relationship is created except as explicitly stated herein.
L. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
M. Complaints Regarding Content Posted on the WE ARE REALTY Website For non-copyright complaints, you may notify us here.
M. Electronic Communications Consent By using the Services, you consent to receive communications from us electronically, including via email, text message, push notifications, or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent applies to all interactions with WE ARE REALTY, including account notifications, transactional communications, marketing messages (subject to opt-out), and legal notices. You have the right to receive a paper copy of any electronic communication by contacting us at support@wearerealty.com. You may withdraw your consent to receive electronic communications at any time by contacting us, but if you do so, we may terminate your access to the Services. To receive electronic communications, you must have: (a) a valid email address; (b) internet access; (c) a device capable of receiving and displaying electronic communications; and (d) software capable of reading communications in PDF format or HTML.
N. California Consumer Privacy Rights (CCPA) If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) regarding your personal information. These rights include the right to know what personal information we collect, use, disclose, and sell; the right to request deletion of your personal information; the right to opt-out of the sale or sharing of your personal information; the right to correct inaccurate personal information; and the right to limit the use and disclosure of sensitive personal information. California residents also have the right to non-discrimination for exercising their CCPA/CPRA rights. To exercise any of these rights, please contact us at privacy@wearerealty.com or visit our Privacy Policy at http://www.wearerealty.com/privacy for detailed information about our data practices and your privacy rights. We will respond to verified requests within the timeframes required by applicable law. You may designate an authorized agent to make requests on your behalf, subject to verification requirements. WE ARE REALTY does not sell personal information in the traditional sense but may share information for targeted advertising purposes; California residents may opt-out of such sharing.
O. Linking to WE ARE REALTY Platform: You may link to the WE ARE REALTY homepage or other publicly accessible pages of the Services, provided you do so in a way that is fair, legal, and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services on any website that you do not own or that contains content that: (i) is unlawful, harmful, threatening, defamatory, obscene, harassing, or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) depicts sexually explicit images; (iv) promotes violence; or (v) is otherwise objectionable. We reserve the right to withdraw linking permission without notice at any time and for any reason. You may not frame our Services or use any of our intellectual property without express written permission. Deep linking (linking to pages other than our homepage) must comply with our robots.txt file and any other published guidelines. Any links to our Services must clearly identify WE ARE REALTY as the source of the content.
P. Government Use and Public Sector Restrictions: If you are a government entity or using the Services on behalf of a government entity, you acknowledge that the Services constitute "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202. In accordance with FAR 12.212, DFARS 227.7202-1 through 227.7202-4, and other applicable federal regulations, the Services are licensed to U.S. Government end users: (a) only as Commercial Items; (b) with only those rights as are granted to all other end users pursuant to these Terms; and (c) subject to the terms and conditions set forth in these Terms. Use of the Services by government entities is subject to additional restrictions including compliance with applicable procurement regulations, conflict of interest rules, and ethics requirements. Government users may be required to enter into separate written agreements that comply with applicable government contracting requirements. Any use of the Services in violation of applicable government regulations is strictly prohibited.
Q. International Matters WE ARE REALTY is controlled and operated from WE ARE REALTY's United States offices in Florida. We make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access WE ARE REALTY do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from WE ARE REALTY, is further subject to United States export controls. No Services, including software from WE ARE REALTY, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
R. Copyright Complaints Our team works incredibly hard to make sure all information and works on our site have the property licenses in place. If you believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact our Legal Department and include the following information:
- Your name, address, phone number and email address;
- Identification of the copyrighted work(s) you believe to be infringed;
- Identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL);
- A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information you provided is accurate;
- A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law;
- A physical or electronic signature; and
- Send your infringement notices to:
Copyright Agent
WE ARE REALTY Legal
4007 Riverview Blvd
Bradenton, FL 34209
Email: legal@wearerealty.com
If your Submission is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to WE ARE REALTY. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which WE ARE REALTY may be found, and that you will accept service of process from the person who notified WE ARE REALTY of the alleged infringement or an agent of such person.
It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if WE ARE REALTY is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. WE ARE REALTY will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Under appropriate circumstances, WE ARE REALTY will, in its discretion, terminate authorization of users of the Services who are repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact WE ARE REALTY and provide information sufficient for us to verify that the user is a repeat infringer.
A. Tax Responsibility: You are responsible for determining and paying any and all applicable federal, state, local, or foreign taxes, duties, tariffs, levies, withholdings, or similar assessments that may apply to your use of the Services, including but not limited to sales tax, use tax, value-added tax (VAT), goods and services tax (GST), and income tax. All fees and charges quoted on the Services are exclusive of such taxes unless expressly stated otherwise. WE ARE REALTY is not responsible for collecting, reporting, or remitting any taxes on your behalf unless specifically required by law.
B. Payment Processing Fees: You acknowledge that payment processing services for transactions conducted through the Services may be provided by third-party payment processors. You agree to review and comply with the terms and conditions of such payment processors. WE ARE REALTY is not responsible for errors or issues arising from third-party payment processors. All payment obligations are non-cancellable, and fees paid are non-refundable except as expressly stated in these Terms or as required by law.
C. Price Changes: WE ARE REALTY reserves the right to change the fees and charges for any Services, or to introduce new charges, at any time upon reasonable notice to you, which may be provided by email or by posting on the Services. Your continued use of the Services after such notice constitutes acceptance of the new fees or charges. If you do not agree to the new fees, your sole remedy is to terminate your account in accordance with Section 13.
Disclaimers: Multiple Listing Services and other Data Providers
WE ARE REALTY receives the homes for sale from many listing sources. The following disclaimers apply to listings only from that particular data source.
MLS Terms of Use
Our MLS data providers require you to acknowledge the fact that you're considering WE ARE REALTY as your Real Estate Broker and representing agent. By agreeing to consider our team, we can show you pictures, prices and other related details of homes for sale or past sales.
You have no formal or informal obligation to work with WE ARE REALTY to buy, sell or provide any other professional real estate service unless specifically agreed upon in writing at a future date. We fully respect your free will and allow you to choose to work with WE ARE REALTY and our agents or not, the choice is always yours.
- You are entering into a lawful consumer-broker relationship with WE ARE REALTY as defined by applicable state law. You have no obligation to work with WE ARE REALTY and you can terminate your account with us at any time. Any information you obtain from the WE ARE REALTY website is intended for your personal, non-commercial use.
- You have a bona fide interest in the purchase, sale, or lease of real estate on the WE ARE REALTY website.
- You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
- You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS's copyright to such data.
WE ARE REALTY also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access the WE ARE REALTY website for the purposes of verifying compliance with MLS rules and monitoring the display of Participants' listings on the WE ARE REALTY site.
In addition to the above terms, registered users also agree to the WE ARE REALTY Terms of Use and Privacy Policy, which apply to all users of the WE ARE REALTY website.
MLS Disclaimers
Information from sources deemed reliable but not guaranteed. Please consult a license real estate professional in your area for additional information
TheMLS & CARETS
WE ARE REALTY has a license partnership with the California Regional Multiple Listing Service, Inc. along with TheMLS.com which is also known as CLAW. Our partnership allows us to display property listing to prospective clients that are registered with our site. Listing information is for your personal, non-commercial use and may not be used for any purpose other than to identify prospective properties you may be interested in purchasing. Display of MLS data is usually deemed reliable but is NOT guaranteed accurate by the MLS. Buyers are responsible for verifying the accuracy of all information and should investigate the data themselves or retain appropriate professionals. Information from sources other than the Listing Agent may have been included in the MLS data. Unless otherwise specified in writing, Broker/Agent has not and will not verify any information obtained from other sources. The Broker/Agent providing the information contained herein may or may not have been the Listing and/or Selling Agent.
Last updated: March 17, 2018
Partner Terms of Use
1. Partner Registration
WE ARE REALTY Inc. offers services for real estate professionals and businesses through our partner platform. This leading customer relationship management (CRM) platform has transformed sales and marketing. We allow professionals to create a partner account with WE ARE REALTY Inc. for free.
This is required by our licenses with various MLS boards. By registering for a WE ARE REALTY Inc. account you are agreeing to these Terms of Use as well as the MLS Terms of Use. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your WE ARE REALTY Inc. profile information accurate. You agree to keep your password and other information within your account confidential. You may be the only one to use your account and not use another user's account. WE ARE REALTY Inc. reserves the right to terminate accounts at its discretion.
A. Trials, Free Tiers, and Promotional Offers
A.1. Trial Periods: From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial" or "Trial Period"). WE ARE REALTY Inc. reserves the right, in its absolute discretion, to determine your eligibility for a Trial based on factors including but not limited to: (i) whether you have previously subscribed to or trialed the Services; (ii) your creditworthiness or payment history; (iii) your geographic location; (iv) verification of your identity and business information; and (v) any other factors we deem relevant. Subject to applicable laws, WE ARE REALTY may withdraw, modify, or terminate a Trial offer at any time without prior notice and with no liability, to the greatest extent permitted under the law. Trial offers may be limited to one per customer or email address and may not be combined with other offers unless expressly permitted.
A.2. Payment Information and Automatic Conversion: For most Trials, we require you to provide valid payment details (credit card or other payment method) to start the Trial. BY PROVIDING PAYMENT INFORMATION AND STARTING A TRIAL, YOU EXPRESSLY AUTHORIZE WE ARE REALTY TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR THE APPLICABLE PAID SUBSCRIPTION AT THE END OF THE TRIAL PERIOD, UNLESS YOU CANCEL BEFORE THE TRIAL EXPIRES. The paid subscription will begin immediately after the trial period ends on a recurring basis (monthly, annually, or as otherwise specified in the Trial offer). You agree to the applicable subscription fees and payment terms. If you do not wish to incur charges, you must cancel the Trial subscription before the end of the trial period through your WE ARE REALTY Inc. account's Billing page or by contacting Customer Service. WE ARE REALTY may send you reminder notifications before the Trial period ends, but you are ultimately responsible for canceling if you do not wish to continue with a paid subscription. Cancellation must be completed at least 24 hours before the Trial period expires to avoid charges.
A.3. Trial Usage Restrictions: During a Trial period, your use of the Services may be subject to additional restrictions, limitations, or reduced functionality compared to paid subscriptions, including but not limited to: (i) limited number of users, seats, or licenses; (ii) reduced data storage or bandwidth; (iii) watermarks or branding on exports; (iv) limited access to premium features; (v) restrictions on API access or integrations; (vi) limited customer support options; or (vii) any other limitations specified in the Trial offer. Trial access is provided "AS-IS" with all faults and without any warranties beyond those expressly provided in these Terms. WE ARE REALTY reserves the right to modify Trial restrictions at any time.
A.4. Free Tiers and Freemium Services: WE ARE REALTY may offer certain free access tiers, freemium services, or permanently free features ("Free Services"). Free Services are provided at WE ARE REALTY's sole discretion and may be modified, limited, or discontinued at any time without notice. Free Services may include advertisements, promotional materials, or limited functionality. WE ARE REALTY makes no guarantees regarding the availability, features, performance, or continued offering of Free Services. Free Services are provided "AS-IS" and "AS-AVAILABLE" without any warranties, and WE ARE REALTY's liability for Free Services is limited to the maximum extent permitted by law. Users of Free Services may be subject to additional restrictions and may receive lower priority for customer support, system resources, or new feature access compared to paid subscribers.
A.5. One-Time Promotional Offers: WE ARE REALTY may occasionally offer promotional discounts, credits, special pricing, or other limited-time offers ("Promotional Offers"). Promotional Offers: (i) are subject to specific terms and conditions that will be provided at the time of the offer; (ii) may not be combined with other offers unless expressly permitted; (iii) may be limited by quantity, time period, geography, or customer eligibility; (iv) are non-transferable and have no cash value; (v) may expire or be revoked at WE ARE REALTY's discretion; and (vi) may be subject to verification requirements. WE ARE REALTY reserves the right to modify or cancel Promotional Offers at any time, and to disqualify users who violate offer terms or attempt to abuse or exploit the promotion.
A.6. Cancellation and Refunds for Trials: If you do not want to continue to be charged on a recurring basis after a Trial, you must cancel the paid subscription through your WE ARE REALTY Inc. account's Subscription page or contact Customer Service before the end of the Trial period. Once charged, paid subscriptions generally cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms or required by applicable law, WE ARE REALTY Inc. will not refund any fees that you have already paid. See Section 19 (Taxes and Financial Obligations) and the Termination section for additional terms regarding cancellation and refunds.
B. Billing Information
WE ARE REALTY Inc. requires that you provide all information requested for the purposes of billing, identification, and communications. Without limitation, you must provide your full legal name, address, telephone number(s), email address, and applicable payment data (e.g., verified bank account details or a credit or debit card number and expiration date). Further, you must promptly provide Company with all updates necessary to keep such information accurate, current, and complete. The privacy policy at http://www.wearerealty.com/privacy (the “Privacy Statement”) governs Company’s collection and use of your personal information.
C. Automatic Renewal
Unless you cancel your subscription, you authorize WE ARE REALTY Inc. to automatically renew your subscription at the end of each billing period and charge the applicable subscription fees to your provided payment method. You may cancel the automatic renewal of your subscription at any time by visiting your WE ARE REALTY Inc. account’s Subscription page.
D. Recurring Fees
Your subscription to WE ARE REALTY Inc. services may include recurring fees. These fees will be billed automatically to your payment method at the start of the billing period and at regular intervals thereafter unless you cancel your subscription. You agree to pay all applicable fees associated with your subscription. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. WE ARE REALTY Inc. reserves the right to modify the subscription fees upon notice.
E. Referrals
WE ARE REALTY Inc. may offer a referral program, allowing you to earn rewards by referring new users to our services. Specific terms and conditions of the referral program will be provided at the time of your participation. WE ARE REALTY Inc. reserves the right to modify or terminate the referral program at any time without prior notice.
2. Agent Registration
To access and utilize WE ARE REALTY Inc.'s comprehensive suite of services tailored for real estate professionals, you are required to register for a WE ARE REALTY Inc. account. This registration process is essential for accessing tools and resources that will enhance your ability to manage listings, interact with clients, and optimize your real estate operations efficiently. By registering, you agree to abide by our Terms of Use and any additional terms specific to our services, ensuring compliance with legal requirements and ethical standards in real estate transactions. Your WE ARE REALTY Inc. account serves as your gateway to a robust platform designed to streamline your workflow and elevate your business capabilities in the competitive real estate market.
2.1 Legal Compliance
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third-party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors, or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
2.2 Indemnification
You agree to defend, indemnify, and hold harmless WE ARE REALTY Inc., WE ARE REALTY Inc., its advertisers, licensors, subsidiaries, and other affiliated companies, and their employees, contractors, officers, agents, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with WE ARE REALTY Inc. in asserting any available defenses.
2.3 Payment
Payment is accepted by Visa, MasterCard, American Express, Discover, and by ACH bank transfer. All sales are final. No refunds.
3. Termination
WE ARE REALTY Inc. reserves the right to terminate your account or access to our services at any time, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users of the services, us, or third parties, or for any other reason at our sole discretion.
4. Changes to Terms
WE ARE REALTY Inc. may modify these Terms of Use at any time. Any changes will be posted on this page and we will notify you of any material changes via email or through a notice on our website. Your continued use of our services after the changes are posted constitutes your acceptance of the new Terms of Use.
5. Contact Us
If you have any questions about these Terms of Use, please contact us at:
WE ARE REALTY Inc.
4007 Riverview Blvd
Bradenton, FL 34209
