This Terms of Use Agreement ("Agreement") is between the licensed real estate Broker* providing VOW access ("Broker") and You. You are referred to in this Agreement as "You"," Your"," I", or "Me." Subject to your acceptance, without modification, of the terms, conditions and notices contained in this Agreement, You are authorized to become a Registered User of Broker's Virtual Office Website (VOW), and to create an VOW Account for Your personal use by completing the Account registration process. You agree that You shall be deemed to be a customer of Broker with whom you may collaborate. A licensed real estate sales agent or non-principal Broker ("Agent") may be assigned to assist You upon Your request. You and the Broker or Agent may collaborate in the delivery of Brokerage services to You through Your Account. The VOW usage Privacy Policy is disclosed in the "privacy policy" section of the site and should be reviewed in conjunction with this Agreement. All other provisions provided in the registration and policies sections of this site are incorporated in this Agreement. Your Account is an online application that provides You with access to Multiple Listing Service (MLS) listing information, and other real estate services, content and functionality to assist You in the purchase, lease or sale of residential real estate. By submitting the "Join" and/or "Sign In" buttons on our forms, You acknowledge that You have read, understand, agree to be bound by this Agreement, and in consideration as stated herein for access to and use of the services available to You at Your Account, You make the following agreements, representations and warranties:

1. I represent and warrant that I am over the age of majority, legally competent to make this Agreement, and have a bona fide interest in the purchase, sale or lease of residential real estate of the type accessible to Me through my Account. I represent and warrant that I will use my Account only for lawful purposes and will not use my Account to engage in any conduct that is unlawful or prohibited by this Agreement.
2. I understand and agree that to access and use the functionality of the HomeAdvantage Network and my Account, I must register as a user of Broker's VOW. There is no fee or obligation incurred by registering except as expressly set forth in this Agreement. I agree to provide true, accurate and complete information about myself, as prompted by the online Account registration process, including my name and valid email address. In addition, I agree to update my registration information as necessary to maintain its accuracy. I further understand and agree that Broker may require Me to change my Account password from time to time for security purposes. Completion of the registration process represents my agreement to the terms and conditions of this Agreement.
3. I understand that Broker or Agent may discontinue or change my Account at any time without notice to Me. I further understand that Broker and Agent do not make any commitment to update the information and content on my Account or the Broker VOW.
4. You must, however, use an Agent in the HomeAdvantage network to be eligible to receive the cash-back benefit, HomeAdvantage Cash Rewards. Your choice of lender is independent of Cash Rewards. You understand that Cash Rewards is only available where permitted by state and federal law and is not prohibited by underwriting restrictions. The actual amount of the cash-back benefit may be reduced based on underwriting guidelines and may also impact whether the benefit can be applied against closing costs or distributed as cash back after closing. Check with your lender to determine if any underwriting restrictions apply. You must be a prospective purchaser or seller of real property, provide true, accurate and current information which you maintain and update and must be eighteen (18) years of age or older.
5. I acknowledge and agree that my Account may contain advertisements and hyperlinks to third party websites that are not under the control of Broker or Agent and that neither Broker or Agent is responsible for any content in any advertisement or hyperlink on my Account or the Broker's VOW, or for any content in any hyperlinked website. I acknowledge that if I access a third party website from my Broker Account or the Broker VOW, I do so at my own risk. I understand that a hyperlink to a third party website does not imply that Broker or Agent endorses the content on, or the business of, the hyperlinked website. I understand that I am solely responsible for determining the integrity and reliability of the information in any advertisement or hyperlink on my Account or the Broker VOW, as well as the information on the hyperlinked website. I understand that Broker's Privacy Policy does not apply to any hyperlinked websites and that any information I provide to a third-party website is subject to the specific privacy policies of that third-party. I understand that my dealings with or participation in promotions of advertisers found on my Account or the Broker VOW, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between Me and such advertisers. I agree that neither Broker or Agent shall be responsible for any loss or damage of any sort relating to my dealings with such third parties.
6. I understand and agree that my Account and the Broker VOW may include information, tips, facts, views and opinions that Broker or Agent deem worthy of publication. All such material is for information purposes only and is not professional advice upon which I or any third party should rely in making any decision concerning the acquisiton or sale of real property, or any personal, legal, business, financial, or other decisions.
7. I understand that use of my Account does NOT impose a financial obligation on Me and the Broker or Agent with whom I am collaborating through my Account. I acknowledge that by accepting this Agreement, I am entering into a lawful customer/Broker relationship with Broker, and I understand and agree that any real estate Brokerage services rendered to Me by reason of my use of the functionality available to Me at my Account are being rendered to Me solely by Broker or Agent, or individuals licensed as real estate Brokers or agents who are affiliated with Broker, and not by any other party, whether or not the names or logos of such parties may appear on my Account.
8. I understand and agree that my activity on my Broker Account may be viewed by Broker or Agent, including, without limitation, when I access my Account, what I viewed while using my Account, any information that I post, submit or transmit using my Account (collectively "Account Activity"). The Broker or Agent may reassign responsibility for collaborating with Me through my Broker Account to Broker directly, or to another real estate licensee affiliated with Broker, without prior notice to Me or my consent. Broker or Agent may also transmit or share my Account Activity with other licensed agents affiliated with Broker without prior notice to Me or securing my permission. Subject to the Privacy Policy applicable to this site, Broker or Agent may send Me electronic correspondence, including, without limitation, marketing information and information relating to my Account.
9. Subject to My ability to unsubscribe/opt out in accordance with the Broker's Privacy Policy, I hereby grant to Broker and any Agent my express written consent to engage in unsolicited communications with Me unless I unsubscribe to such solicitations. Such unsolicited communications may take place by email at the email address I used for registration or any alternative mode of communication that I may provide in the future.
10. I understand that Broker or Agent may limit the number of properties displayed to Me in response to my search requests based upon a determination of the reasonable number of properties appropriate to be displayed in response to a single search request, given existing market conditions, technology limitations, total number of matching listings in the MLS database compilation, and other "reasonable use" restrictions deemed appropriate by Broker or Agent, which total number may vary from market to market and from time to time. I further understand and agree that the Broker or Agent may limit information about properties displayed to Me at my Account and that the information about real properties for sale or rent originates from real estate Multiple Listing Services (MLSs) in which Broker and Agent participate or subscribe.
11. I agree that, as between Broker and Agent and myself, any electronic or printed real estate listing data, or other content derived from my Account or the Broker VOW, including any trademarks or service marks of Broker or Agent, or third party advertisers or service providers ("Site Materials" or "Content"), constitutes the copyrighted and proprietary property of Broker, Agent, or third parties from whom Broker or Agent has secured permission to display such Site Materials. I acknowledge and agree that the MLS that supplies the real estate data and images displayed to Me at my Account or the Broker's VOW, owns all copyrights in and to such data and images and the MLS' database compilation, and that I will not contest the validity of such copyright or ownership claims, nor assist others in doing so.
12. I acknowledge that Broker has granted to Me only for as long as this Agreement is in effect a limited, non-assignable, and non-exclusive license to use my Account and the Site Materials solely for my personal and non-commercial use in conjunction with my bona fide potential purchase or sale of real estate of the type available through my Account. I will not copy, re-distribute, re-transmit, commercialize, sell, license, re-license, sub-license, or otherwise make the Site Materials available to any third party, use such Site Materials for any commercial purpose or in any manner that competes with the business of Broker or any Agent, or the MLS that supplies the real estate data and images accessible to Me at my Account or the Broker VOW, nor will I assist others in doing so; provided that I may share information about individual properties that I may wish to purchase or rent with my spouse, children, other family members, loan officer, accountant, attorney or tax advisor.
13. I will use my best efforts to cooperate with Broker and any Agent on reasonable terms in the event either Broker or Agent deem it necessary to seek to enjoin or otherwise prohibit the unauthorized use of my Account or the Site Materials displayed thereon by a third party.
14. I hereby grant Broker a non-exclusive, royalty-free, perpetual, world wide license to copy, distribute, re-license, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat any materials or content that I submit or contribute to my Account or the Broker VOW, or transmit to Broker or Agent, including feedback, comments, and suggestions for improvement to the content or functionality of my Account or the Broker VOW ("Submissions"), and to use my name in connection with my Submissions in their discretion, provided that I may revoke my permission to use my name in connection with my Submissions by written notice to Broker. Further, you agree that Broker may utilize your information for purposes of notifying you about services and promotions pertaining to this Program. It is additionally used to communicate information as required by the process of buying or selling a home. By utilizing the website, you consent to representatives of the Broker contacting you at the contact information provided; including, but not limited to, home phone, cell phone, and email. Broker or Agent are not obligated to publish or use any of my Submissions, and may remove such Submissions from display on my Account, or on any other web site at any time without notice to Me, and without my consent. I represent and warrant that any Submissions made by Me do not infringe upon the intellectual property rights of any third party. I understand and agree that Broker and any Agent do not assume any responsibility or liability for any material or content that I submit to or through my Account or the Broker VOW, or directly to Broker or any Agent. I understand that I am not entitled to any compensation for the use of my Submissions as licensed above.
15. I understand that I may not post to my Account or transmit to Broker or any Agent, any "Prohibited Submissions", which shall include, but are not limited to, Submissions that are deemed by Broker in its sole discretion to be patently offensive, or promote racism, bigotry, hatred or physical harm of any kind against any group, individual, or property; harass or advocate harassment of another person; exploit people in a sexual or violent manner; contain violence or offensive subject matter or contain a link to an adult website; solicit personal information from anyone under the age of eighteen (18); promote or disseminate information that I know is false or misleading or promote illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous; promote or disseminate an illegal or unauthorized copy of another person's copyrighted work; involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, violating someone's privacy, or providing or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or include a photograph of another person that is posted without that person's consent. Broker reserves the right in his, her, or its sole discretion to investigate and take appropriate legal action against anyone who Broker has reason to believe has violated this provision, including without limitation, removing the offending Submissions from any Accounts, or other websites hosted or maintained by Broker on which they appear, and terminating the Accounts of such persons.
16. Broker and any agent do not assume any responsibility for, and expressly disclaim, any and all liability for any of your submissions. Broker and any agent do not assume any responsibility for monitoring submissions and, if at any time Broker chooses, in his, her or its sole discretion, to monitor submissions, Broker and any agent nonetheless does not assume any responsibility for the submissions, any obligation to modify or remove any inappropriate, inaccurate or prohibited submission, or any responsibility for your or any other account holder's conduct in submitting any submission. Furthermore, Broker does not make any warranties, express or implied, concerning your ability to rely upon any submissions submitted by other account holders or others, or any submissions that you transmit to other account holders or other persons.
17. Broker and any agent use good faith efforts to provide accurate, complete, and current information on your account and the Broker vow, but I understand that it is my responsibility to verify any information provided on or through my account or the Broker VOW. Neither Broker or any agent guaranties or warrants that the content on any account or the Broker VOW is accurate, complete, timely, or free of technical or typographical errors. I expressly acknowledge and agree that my use of the content displayed on my account or the Broker vow is at my sole risk. Broker provides the content on an "as is" and "as available" basis. Broker and any agent expressly disclaim all warranties of any kind, whether express or implied, concerning my account or any other account, website or property, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Broker and any agent do not make any warranty that the content available to me on my account, the Broker VOW or any other account or property will meet my requirements, or that access to my account or the Broker vow and the content thereon will be uninterrupted, timely, secure, accurate, virus-free or error free. Nor do Broker or any agent make any warranty about the results that may be obtained from the use of information, products or services provided on or through my account, or any other account, the Broker vow or property, or concerning the accuracy or reliability of any content on, or accessible through, such accounts, websites or properties. Broker and any agent do not make any warranties regarding any information obtained by you, or anyone acting on your behalf, from any hyperlinked third party site.
18. I agree that neither Broker, any agent, nor any party involved in creating, producing, or delivering the content or functionality accessible to me on my account, or the Broker VOW shall be responsible or liable for any damages whatsoever, including direct, incidental, consequential, or indirect damages, arising out of my access to, use of, or inability to use, my account, the Broker vow, any other Broker account, any products, services, or content offered or provided on my account, the Broker VOW, any other hyperlinked website, or for any errors or omissions in the content or functionality thereof, for any person's reliance on any information or content provided on or through my account or the Broker vow, whether or not the information is correct, current, or complete, or for the consequences of any action I or any other person may take or fail to take based on content provided by or as a result of the use of my account or the Broker VOW. I specifically agree that Broker any any agent are not liable for any conduct by me associated with my account or the Broker VOW. Neither Broker or any agent is responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on my account or the Broker VOW, including any injury or damage to my, or any other person's, computer that relates to or results from use of my account, the Broker VOW or any other account. In no event shall Broker or any agent or the Broker's officers, directors, employees, accountants, attorneys, vendors, independent contrators, or agents be liable for any damages whatsoever, including indirect, incidental, special, or consequential damages, resulting from the use or the inability to use my account or the Broker VOW, or from any information, products or services purchased, obtained, or accessed from my account or the Broker VOW, or from any messages received or transmitted from or through my account or the Broker VOW, or transactions entered into through my account or the Broker vow or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangible property, whether based on contract, tort, strict liability or otherwise, even if Broker, or any agent has been advised of the possibility of such damages. I understand some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to me.
19. I agree to defend, indemnify, and hold harmless Broker and any of Broker's affiliates, officers, subsidiaries, parents, partners, directors, employees, agents or independent contractors from any damages, judgments, costs, and expenses, including attorneys fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon use of my Account, my use of the Broker VOW or any Submissions I transmit to my Account or the Broker VOW, or to any Agent, or any other Account holder, or based on any breach by Me of My duties, obligations, representations or warranties set forth in this Agreement. This defense and indemnification obligation will survive the termination of this Agreement.
20. I agree that the unauthorized use of my Account, or the Site Materials will cause injury to Broker, or one or more of his, her or its affiliates, agents, or independent contractors, that cannot adequately be remedied by money damages, and that Broker and Broker's respective affiliates, or any one of them may seek preliminary or permanent injunctive relief to enjoin the unauthorized use of my Account or the Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If any such suit for injunctive relief is brought against Me, I waive any obligation of the plaintiff to prove that the plaintiff does not have an adequate remedy at law, or that plaintiff's injuries are irreparable. If such party is successful in securing a preliminary injunction order against Me, I waive any obligation of such party to post a security bond in conjunction therewith.
21. I understand that this agreement does not impose a financial obligation on me. I understand that neither Broker nor any agent has entered into any form of fiduciary or Brokerage relationship with me solely by granting me access to, and limited use of, the site materials available on my Broker account. Any form of fiduciary or Brokerage relationship between Broker, agent and me shall not exist unless and until the agent shows me property available for sale or lease, or I request the agent to assist me in procuring a real estate sales or lease contract on terms acceptable to me.
22. I understand and agree that Broker in his, her or its sole discretion, may terminate this Agreement, my Account, and any corresponding subscriptions, delete any content stored in my Account, direct Me to cease using my Account, and discontinue or restrict my access to my Account, or the Account of any other Account holders, all without notice to Me and for any reason. I agree that Broker and any Agent shall not be liable to Me or to any third party for any modification, suspension, or discontinuance of my Account, the Broker VOW, or any other Account, or any parts thereof. Upon termination of this Agreement or my Account, neither Broker and any Agent shall have any further obligation to Me, including any duty to return or destroy any information I may have supplied to them during the term of this Agreement.
23. I understand that I am responsible for controlling access to, and use of, my user name and password that must be entered to provide Me with access to my Account. All information or actions transmitted by, submitted by, or received from anyone using my user name and password on my account will be binding on me, whether or not such information or action is delivered, transmitted, submitted or taken with my actual knowledge. If I have reason to believe that an unauthorized person may have gained access to my Account through my user name or password, I agree to contact Broker immediately for the purpose of disabling access to my Account.
24. In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision.
25. The failure of Broker at any time or times to require performance of any provision hereof shall in not in any manner affect the right of Broker at a later time to enforce the same.
26. I acknowledge that the Broker's or any Agent's use of any information I supply through my Broker Account is subject to the Broker's Privacy Policy accessible on my Broker Account.
27. This Agreement may not be assigned by Me by contract, operation of law, or otherwise, and any attempted assignment in contravention of this Section 24 shall be null and void and not have any legal force or effect. I understand and agree that Broker may assign this Agreement, or otherwise transfer their rights and obligations under this Agreement at any time without my consent or notice to Me.
28. I acknowledge that the Content contained on my Account is controlled in and originates from the United States. Broker does not make any representation that any of the Content is appropriate or available for use in other locations. Broker does not have any responsibility for any access to my Account or the Broker VOW from territories where the Content may be illegal or otherwise prohibited. If I choose to access my Account or the Broker VOW from other locations, I do so at my own risk and am responsible for compliance with applicable local laws. I agree that any claim relating to the enforcement or interpretation of this Agreement, the use of my Account or the Broker VOW, or the functionality or Content available on my Broker Account or the Broker Website, or any of the Site Materials, shall be governed by the internal substantive laws of the State in which the Broker resides, without regard to its conflicts of laws rules. I agree that any action or petition to enforce or interpret this Agreement shall be brought in the state or federal courts located in the state which the Broker resides, and I expressly waive any objection to the personal jurisdiction of such courts. If Broker prevails in any petition filed against Me to interpret or enforce this Agreement, I agree that the Court shall enter an award on behalf of the Broker for the Broker's reasonable attorney's fees, costs, and litigation expenses associated with the prosecution of such suit, or the appeal of any judgment or award rendered on behalf of Broker. I AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CASUE OF ACTION ACCURES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
29. I agree that Broker may amend or modify this Agreement at any time without notice to Me or my consent, and make such amended versions of this Agreement accessible at my Account. My use of my Account after Broker has amended or modified this Agreement shall be deemed my acceptance of such amendments or modifications. If I do not want to be bound by an amendment or modification of this Agreement, my sole remedy is to terminate this Agreement by notice to Broker as provided at my Account, and to refrain immediately from using my Account upon transmittal of such notice.

This Agreement was last updated November 29th 2022.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

*List of Brokrages by State

• Alaska - HomeAdvantage
• Arizona - HomeAdvantage
• California - HomeAdvantage Realty
• Colorado - CU Realty Services
• Delaware - HomeAdvantage
• Florida - CU Realty Services, Century 21 Acclaim Realty, Magnolia Properties, National Realty of Brevard Inc
• Georgia - Century 21 Results Realty Services
• Idaho - HomeAdvantage
• Illinois - d'aprile Properties
• Indiana - NextHome Connection
• Maine - Coyne Webber Real Estate Associates
• Maryland - HomeAdvantage
• Massachusetts - CU Realty Services of Massachusetts
• Michigan - Grant Hickman Real Estate Advisors
• Minnesota - Realty Executives
• Missouri - Grant Hickman Real Estate Advisors
• Nevada - Xome
• New Hampshire - CU Realty Services of Massachusetts
• New Jersey - HomeAdvantage
• New Mexico - ERA Sellers & Buyers real Estate
• Ohio - RE/MAX Preferred Group
• Oklahoma - HomeAdvantage
• Oregon - Xome
• Pennsylvania - HomeAdvantage
• Texas - Better Homes & Gardens Winans, Prosper Properties Realty Services, Vylla Home
• Virginia - HomeAdvantage, John Wood Realty
• Washington - Century 21 North Homes Realty
• Washington DC - HomeAdvantage
• Wyoming - HomeAdvantage