Disclaimer and Terms of Use

Definitions

For this Terms of Use Agreement, the following definitions apply:

"VitalEquity" means VitalEquity, the Internet real estate service operated by VitalEquity Realty, LLC, an Indiana Limited Liability Company.

"Agent" or "Real Estate Agent" means a person licensed by a state regulatory agency as a real estate broker, salesperson, agent or associate broker.

"Active Buyer" means a person who has signed a VitalEquity Buyer Representation Agreement.

"Buyer" or "Home Buyer" means a person who is buying or considering purchasing a property.

"Seller" or "Home Seller" means a person who is selling or considering the sale of a property.

"Client" is a User that has completed the registration process and has acknowledged the agency disclosure.

"Prospective Purchaser or Seller" is an individual that expressed an immediate and genuine interest in the sale or purchase of real property.

"User" means a person who is either a Buyer or a Seller who accesses the Website and otherwise utilizes the services of VitalEquity.

"Web site" means the VitalEquity Internet web site located at www.VitalEquity.com.

 

Terms of Use

1. The User must be a prospective purchaser or seller of real property in the geographic areas where VitalEquity is licensed and operating.

2. The User must (a) provide true, accurate, and current information; (b) maintain and update this information; (c) and ensure that it remains true, accurate, and current.

3. To register as a Client, the User must be eighteen (18) years of age or older.

4. Any User that holds any type of real estate license, including, but not limited to a brokers, associate brokers or salespersons license must immediately advise VitalEquity by telephone, facsimile, email or chat before that User may access any password protected material including house listing data or other data compilations. VitalEquity reserves the right to deny or terminate access to any Real Estate Agent at its discretion.

5. All home data provided is for the sole and private use of the Client and not available for distribution. The Client may not sell or use the website data for any purpose, other than the purpose of attempting to evaluate houses or properties for sale or purchase.

6. The Client must provide their own access to the World Wide Web ("www") and pay any fees associated with such access.

7. Client represents and warrants that he/she has not signed any agreement with a real estate agent or agency that would prevent the client from using VitalEquity as his or her sole and exclusive agent. Client does not have a contract or agreement with another real estate agent or agency such as a listing agreement or a buyer broker agreement.

8. Client agrees to limit their online search to houses or properties within their anticipated purchase ability or price range and to the properties that meet their other criteria.

9. The Client agrees that VitalEquity may also represent other prospective buyers seeking to purchase properties that may meet Client's criteria.

10. Client authorizes VitalEquity to review and provide copies of various documents in the transaction to the client. This includes, but is not limited to home inspection reports and closing papers.

11. Client agrees to immediately notify VitalEquity in the event that the Client enters into agreement with another broker.

 

LIMITED OFFERING

VitalEquity offers its services as a real estate broker and lender only in those states in which it is licensed to provide those services. VitalEquity expressly limits offering of services, and provision of those services, in those states in which it is licensed as a real estate broker and/or mortgage banker or mortgage broker.

 

WARRANTY

To the fullest extent permitted by law, the service is provided "as is," without warranty or representation of any kind, either express or implied, as to (1) the operation of the web site, (2) the information, data, services, or products provided through or in connection with this service or (3) the ability, quality or reliability of any third party service provider accessed through or in conjunction with the use of this service.

VitalEquity disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortuous behavior, negligence or any other cause of action.

 

LIABILITY

Neither VitalEquity nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to Client, User or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this service or inability to gain access to or use this service or out of any breach of any warranty, even if VitalEquity has been advised of the possibility of such damages.

Some states do not allow the exclusion or limitation of liability for damages. Therefore, the above limitations may not apply to you. In such states, the respective liability of VitalEquity, its officers, directors, investors, employees, contractors, agents, successors, assigns and affiliates is limited to the greatest extent permitted by such states' laws

 

COPYRIGHTS

The content and materials contained on this site, as well as the organization and layout of the site, are subject to copyright protection and may not be used in any manner except as provided in the Terms and Conditions of Use without the express prior written consent of VitalEquity.

 

TRADEMARKS

The trademarks, logos, names and servicemarks used on this site, including, without limitation, "VitalEquity", are licensed, registered or unregistered trademarks of VitalEquity and/or third parties who have authorized their use. You agree not to use or display any of such trademarks, logos, names or service marks without the express prior written consent of VitalEquity or the third party that may be the owner thereof, as the case may be.

 

LINKS TO OTHER SITES

The Public web site contains links to third-party web sites not operated by VitalEquity. VitalEquity does not control such web sites and thus is not responsible for their content or privacy policies. Such links are provided for your reference only and does not imply an endorsement of those web sites or any association with their operators.