These Way Past Shelter, LLC Terms of Use and the Way Past Shelter, LLC Privacy Policy are effective as of March 7, 2018. Your continued use of the Services constitutes your acceptance of these updated policies.
Welcome to WayPastShelter.com. This website and the Way Past Shelter Applications (as defined below) (the “Sites”), together with the services provided through the Sites (collectively the Sites and services are the “Services”) are owned and operated by Way Past Shelter, LLC, a real estate brokerage headquartered at 2255 Glades Road, Suite 324A, Glades Road, Boca Raton, FL 33431 (“Way Past Shelter”).
PLEASE NOTE: THIS AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 14). PLEASE READ THESE TERMS CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS CONTAINED HEREIN) AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICE.
These Terms of Use (“Terms”), which include the MLS Terms of Use and Way Past Shelter Privacy Policy, serve as the “Agreement” between you and Way Past Shelter regarding the Services, and provide important information to you, including information about your obligations when using the Services, about content you access through the Services, about content you contribute to the Services, and about the limits of our liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement. If you do not accept, then please do not use the Services.
If you want to list your home with Way Past Shelter, or buy a home with Way Past Shelter, then you will need to enter into a listing agreement or buyer agreement to become a Way Past Shelter Client; these agreements are not covered here.
Permissible Use of the Way Past Shelter Services
Who can Use the Way Past Shelter Services. You must be: 1) at least the age of majority in the state where you live to use the Services, and 2) a resident of the United States. If you are under 13 years old, do not use the Services.
Consent to follow MLS Rules. Unless you are a licensed real estate agent (“Agent”), you agree to the MLS Terms of Use and: to use the Services only for your personal use or for commercial uses intended only for your personal benefit; that you are entering a lawful consumer-broker relationship with Way Past Shelter as defined by applicable state law; you have a bona fide interest in the purchase, sale, or lease of real estate on the Way Past Shelter website, and; that 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.
Commercial Use. Except as otherwise permitted under the Way Past Shelter Commericial Partner Program, homeowners and non-Way Past Shelter Agents may only make commercial use of the Services by posting listing information about their or their client’s home (e.g., posting or updating a client’s residential real estate listing).
Residential Real Estate Only. You are authorized to use the Services only for residential real estate transactions, and not for commercial real estate transactions of any kind.
No Copying, Distributing or Creating Derivative Works. You agree not to copy, distribute, display or create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. You also agree not to remove or modify any copyright or other intellectual property notices that appear in the Services.
No Scrubbing or Scraping. Publicly available search engine providers may crawl or query the Services only for the purpose of creating an index with links to the Services’ web pages to generate web search engine results. All other automated queries of the Services (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) is strictly prohibited, unless you have received express written permission from Way Past Shelter.
No Right to Reproduce. Except as expressly stated herein, this Agreement does not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.
Submitting Content to the Services.
Permissible Submissions. You may submit feedback, ideas, reviews, comments, property information, listing information, photos, or other content to the Services (collectively “Submissions”). All Submissions must comply with this Agreement, including the Listing Submission Guidelines and the Community Guidelines. You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate this Agreement, including our Community Guidelines, or the rights of any third party. You are solely responsible for your Submissions. Way Past Shelter may, but is not obligated to, monitor and edit or remove Submissions, and has no obligation to store or display Submissions. Way Past Shelter may modify or remove your Submissions at any time in its sole discretion.
Listing Submission Guidelines. Way Past Shelter may require that you provide proof you are the owner of the subject property, or that you have an exclusive right to post or advertise the listing (e.g., by requiring a copy of the listing agreement). If Way Past Shelter is unable to verify that you are the homeowner or are the contracted exclusive listing Agent, Way Past Shelter may remove the listing.
Community Guidelines. All Submissions must comply with this Agreement, including these Community Guidelines.
Way Past Shelter’s License to Use Your Submissions. For every Submission you post or otherwise provide to Way Past Shelter in connection with the Services, you grant Way Past Shelter a perpetual, irrevocable, unlimited royalty-free worldwide license to (a) use, copy, distribute, display, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Way Past Shelter will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Way Past Shelter the rights in this paragraph, that Way Past Shelter’s use of the Submission will not infringe any third party rights and that the Submission complies with this Section 2. You agree that Way Past Shelter may promote and market Submissions made through your user account(s). You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
Disclaimer of Responsibility for Submissions. Way Past Shelter takes no responsibility and assumes no liability for any Submissions posted by you or any third party. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. 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. WAY PAST SHELTER IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON WAY PAST SHELTER.
Forums. Way Past Shelter may offer forums where you can post your observations and comments on designated topics. Way Past Shelter account holders may create forum topic threads. Way Past Shelter, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement, the Community Guidelines, 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.
Registration and Account Use. You may be required to register for a Way Past Shelter account to see complete home listings. This is required by our licenses with various MLSs. You also must register before you can participate in forums or submit content. By registering for a Way Past Shelter account you are entering into this Agreement. You are responsible for all activities related to the Services that occur through your account. It is your responsibility to keep your Way Past Shelter profile information accurate. You agree to keep your password confidential, not use others’ accounts, nor permit others to use your account. Way Past Shelter reserves the right to terminate accounts in its discretion. Way Past Shelter will treat your use of the Services in accordance with its Privacy Policy.
Way Past Shelter Applications. Way Past Shelter offers the Services through applications built using the Way Past Shelter platform (“Way Past Shelter Applications”). Examples of Way Past Shelter Applications include, without limitation, its smart phone applications, and Way Past Shelter “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 Way Past Shelter and its Services through your mobile access provider.
How Way Past Shelter 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 Way Past Shelter may communicate with you, including through automated systems such as an automatic telephone dialing or text messaging system, including but not limited to using the contact information associated with your Way Past Shelter account or Way Past Shelter 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 Way Past Shelter. Way Past Shelter has no liability arising 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 Way Past Shelter to share your personal information including your home search history, favorites and saved searches, with a real estate professional (a Way Past Shelter Agent or staff member, or a Partner Agent. When you make such a request to Way Past Shelter you are extending an express invitation for Way Past Shelter, or another appropriate entity or person, to contact you. A Partner Agent is employed by or works with another brokerage and is not a representative or employee of Way Past Shelter. Way Past Shelter is not responsible for the work performed or the services provided by Partner Agents in any manner. We’ll refer you to a Partner Agent in our discretion. Way Past Shelter will only send you text messages relating to your account or you use of the Services for which you registered.
Third Party Sites and Linked Materials. Way Past Shelter may include links to third party websites (“Third Party Sites”) in its Services, including links to Third Party Sites. 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. Way Past Shelter is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.
Equal Housing Opportunity. Way Past Shelter is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the United States. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
Intellectual Property Ownership and License.
Copyright. All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Way Past Shelter or are licensed by Way Past Shelter for use on the Sites. Our site may feature Google Maps, please review their privacy policy, legal notices and terms of use. Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.
Trademarks. Way Past Shelter, the Way Past Shelter logos and other Way Past Shelter trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Way Past Shelter in the U.S. and/or other countries. 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. Other trademarks and logos used in connection with Way Past Shelter may be the trademarks of their respective owners.
Data. The MLS Data on our Sites is the property of the individual MLSs providing the data. These MLSs have granted Way Past Shelter the necessary licenses to display the MLS Data on the Sites. Some require us to display certain licensing information about their MLS Data; this information can be found in the MLS Terms of Use.
Other Intellectual Property. Way Past Shelter also owns trade secrets and know-how that contribute to the functionality of the Services.
Restrictions. Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially 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 Way Past Shelter name or trademarks without our specific permission. We may revoke your permission to access and use the Sites or Services, and we may block or prevent you from accessing the Sites or Services, in our discretion without notice. If you violate this Agreement, your permission to access and use the Sites or Services is automatically revoked.
Reservation of Rights. Except for the limited license granted above, Way Past Shelter reserves all of its intellectual property rights in the Sites and Services. This Agreement does not grant you any right or license with respect to any trademarks and logos.
Information Aggregation. Way Past Shelter is not responsible for any errors in displayed information or delays in displaying information. All information provided on the Services is either transmitted to Way Past Shelter from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Way Past Shelter by sending feedback but it is likely that such information accuracy cannot be corrected by Way Past Shelter and the entity or person that generated the information must be appealed to.
Indemnification. To the fullest extent permissible under applicable law, you agree to indemnify Way Past Shelter and hold Way Past Shelter 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 Way Past Shelter Sites or using the Way Past Shelter Services.
Disclaimers. WAY PAST SHELTER PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WAY PAST SHELTER 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, WAY PAST SHELTER 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 REDFIN OR ANYTHING RELATED TO REDFIN OR ITS SERVICES, YOU MAY DEACTIVATE YOUR WAY PAST SHELTER ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. WAY PAST SHELTER 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 REDFIN 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. WAY PAST SHELTER 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, WAY PAST SHELTER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. WAY PAST SHELTER 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. WAY PAST SHELTER DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, REDFIN 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.
Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WAY PAST SHELTER OR ANY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT 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 THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST REDFIN OR ITS SUPPLIERS WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Release. You release Way Past Shelter, its affiliates, and their respective directors, officers, members, managers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Agreement to Arbitrate and Class Action Waiver.
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Way Past Shelter (each a “Claim” and collectively “Claims”), you and Way Past Sheler agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your personal home address, with an email copy to the email address you have provided to Way Past Shelter. Redfin’s address for such notices is: Way Past Shelter Legal Department,2255 Glades Road, Suite 324A, Boca Raton, FL 33431. If necessary to preserve a Claim under any applicable statute of limitations, you or Way Past Shelter may initiate arbitration while engaging in the informal negotiations.
Binding Arbitration and Class Action Waiver. It is hereby acknowledged and agreed that this Section 14 is governed, in all respects, both procedurally and substantively, by the Federal Arbitration Act. You and Way Past Shelter agree to submit to mandatory binding arbitration any and all claims arising out of or related to the relationship between the parties, this Agreement and the termination thereof that may be compelled to arbitration under this Agreement as a matter of applicable law (collectively, “Claims”). Claims covered by this Section 14 include all claims under any federal, state, or local laws, except individual claims brought in small claims court as described below. Further, except as noted below, to the fullest extent permitted by law you and Way Past Shelter agree that no class, collective, aggregate, or representative actions can be asserted in arbitration or otherwise (“Class Action Waiver”). All Claims must be brought solely in your or Way Past Shelter’s individual capacity, and not as a plaintiff or class member in any purported class, representative, aggregated, or collective proceeding. SUBJECT TO THE ABOVE THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS COVERED BY THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, COLLECTIVE, AGGREGATE, OR REPRESENTATIVE ACTION PERTAINING TO ANY SUCH CLAIMS BETWEEN THEM. If the Class Action Waiver, or any other provision of this Section 14 requiring that Claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular Claim, then that Claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that happens, however, the arbitration provisions in this Section 14 will still be fully enforceable as to all other Claims, which must be resolved in arbitration on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, which the parties will jointly request to be stayed pending the conclusion of arbitration. Nothing in this Section 14 precludes any party from filing or participating in administrative proceedings before state or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a claim in court, the party must do the same before submitting a claim to arbitration under this Agreement. Upon receipt of a right-to-sue letter or similar administrative determination, however, the claim can only be resolved in individual arbitration pursuant to the terms of this Agreement.This Section 14 also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This Section 15 further does not prevent any party from filing any claim that otherwise qualifies in small claims court on an individual basis.
Equitable Remedies. Except for individual claims brought in small claims court, the arbitrator shall determine all issues of liability on the merits of any claim asserted by You or Way Past Shelter, and 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. To the extent that You or Way Past Shelter prevail on a claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Rules and Logistics Governing Arbitration. The arbitration shall be conducted through JAMS before a single neutral arbitrator mutually selected by the parties, or, if they cannot agree, pursuant to JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The arbitrator shall also have the sole and exclusive authority to determine the enforceability, interpretation, and implementation of this Agreement, as well as the arbitrability of disputes under this Agreement, except that the enforceability and interpretation of the Class Action Waiver shall be decided solely by a court of law having jurisdiction over the issue. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Each party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. When initially filing an arbitration with JAMS you will be required to pay a $250 filing fee. If you cannot afford this fee, Way Past Shelter will reimburse you for it. A demand for arbitration must be in writing and delivered by hand or first-class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to Way Past Shelter’s Legal Department,2255 Glades Road, Suite 324A, Boca Raton, FL 33431. Any demand for arbitration made by Way Past Shelter shall be provided to the last address on file with Way Past Shelter, if any. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration. In arbitration, the parties will attempt to agree on the procedural rules to be used to govern the arbitration proceeding to the extent such rules are not already set out in this Agreement, subject to approval by the arbitrator. If the parties cannot reach such an agreement, JAMS Rules shall apply. In all cases, the parties shall have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, consistent with the expedited nature of arbitration, and any disputes in this regard shall be resolved by the arbitrator. In all cases, you may choose to have the arbitration proceeding conducted in Palm Beach County, Florida, or at another mutually agreed upon location, or entirely by phone. Within 30 days of the close of the arbitration hearing, any party will have the right to prepare, serve on the other party and file with the arbitrator a brief. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but, to the extent permitted by applicable law, such remedies shall be limited to those that would be available to a party in his, her or its individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to a party in his, her or its individual capacity in a court of law will be forfeited by virtue of this Agreement. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the arbitrator, or as necessary to confirm or enforce the arbitrator’s award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
Additional Legal Terms.
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.
Notices. You may contact us via mail or courier at: Way Past Shelter, ATTN: Legal Department, 2255 Glades Road, Suite 324A, Boca Raton, FL 33431, USA.
Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Way Past Shelter 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 condi
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.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement. Any other 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, Way Past Shelter for any third party that assumes our rights and obligations under this Agreement.
Alpha and Beta Testing. The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct (“Testing”). Except to the extent otherwise provided in another agreement between you and Way Past Shelter, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.
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.
International Matters. Way Past Shelter is controlled and operated from Way Past Shelter’s United States offices in Florida. We make no representation that the Services are appropriate or available for use in any particular country or location. Those who choose to access Way Past Shelter 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 Way Past Shelter, is further subject to United States export controls. No Services, including software from Way Past Shelter, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
MLS Terms of Use. Before we can show you pictures and prices of sold homes, or show you comments on active listings from Way Past Shelter, our MLS data providers require you to acknowledge that you’re considering Way Past Shelter as your real estate agent. We know that sounds sort of scary but remember: you have no obligation to work with a Way Past Shelter to buy or sell a home. You can choose to work with us or not. Before proceeding to view the content made available through the Services, you must acknowledge:
Email Communications. We communicate with subscribers, account holders and Clients about their accounts and home tours, searches and sales by email. You may also subscribe to Listing Alert Emails with customized summaries of homes for sale. By clicking “Sell Now” you are creating an account wherein you consent to opt-in to also receive marketing email messages, Way Past Shelter may send you Way Past Shelter related news, surveys or promotions. If you do not want to receive alerts or marketing email from us, please cahnge your Email Preferences with us, and/or click the unsubscribe link in the bottom of the unwanted email.
Changes to the Site or these Terms and Conditions. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.
We reserve the right, in our sole discretion, to amend these terms, in whole or in part, at any time, with or without your consent and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these terms, then (i) your sole remedy as a user is to discontinue your use the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms.
Subscription rates are set at the time of a user or client’s subscription or renewal, as applicable. Such rates are subject to change without notice or approval. The rates in effect at the time of the client’s next subscription renewal, new listing or a member’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order.
The types of products and services (including the features, terms and operation thereof) offered at the time of a client’s subscription are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time.
Information from MLS sources is deemed reliable but not guaranteed. Additional disclosures apply to residents of Colorado, Kansas, Missouri, New York, North Carolina, Rhode Island, South Carolina, and Texas.