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Terms of Use (Updated April 16, 2018)

By visiting propsey.com, you are subject to and accept these Terms and Conditions of Use, which may be updated by us from time to time without notice to you. You can review the most current version at any time at terms. Please also review our privacy policy, which also governs your visit to propsey.com, to fully understand our practices. Collectively, these documents constitute an “Agreement” between you and propsey.com regarding your use of the   propsey.com website. If you disagree with these terms of use on any part of these terms of use, you must not use this website.

Purpose of Our Website

The purpose of propsey.com is to allow our users to gain access to real estate professionals, service providers and data; and to allow real estate professionals and service providers to post their products and services. To gain access to some of the features of propsey.com, you may be required to submit certain information. To assure the value of the services you will be posting,  you agree that you will provide accurate and complete information. Any agreement users or posters enter into amongst themselves or with any third party will only be between them and any such third party and not propsey.com.

Copyright & Trademarks

© 2018 propsey.com. All content included on this site, such as text, graphics, logos, button   icons, images, audio clips, digital downloads, and data compilations, are the exclusive properties of propsey.com/Local MLS/Other affiliated parties and are all subject to copyright and other intellectual property protection laws. Propsey.com and all other trademarks and service marks indicated on our site are the properties of their respective owners. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to    other sites. Framing of any content is strictly prohibited.

License

Propsey.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of propsey.com. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of propsey.com.

Professional Real Estate Advisors

Financial decisions, including decisions about real estate, are serious decisions that should not be taken lightly. propsey.com, its agents, employees, officers, subsidiaries, members or affiliates do not, via this website or otherwise, encourage you to make any particular decision on issues concerning real estate without first seeking professional advice from your attorney or accountant. The material contained on this site is offered as information only and not as financial, accounting, legal or other professional advice. Users of this site should contact their own professional  advisors for such advice.

You agree that you must evaluate and bear all risks associated with your dealings with any real estate investor or investment company or real estate broker or brokerage company that is linked to, included in, or referred to by this site. You agree and understand that your choice to deal    with any advertiser, poster, member or affiliate of this site is done at your discretion and risk, and you will be solely responsible for such dealings. In no event shall propsey.com be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with  respect to your dealings with advertisers, posters, investors, members or affiliates of this site.

On occasion, information on our site, such as home prices, may be outdated or otherwise incorrect. We can only provide information with which we have been provided and accept no responsibility for any information that is out of date or otherwise invalid.

Obligations of Home Sellers Registered With propsey.com

By completing the home information form on this site, you agree that:

You are of legal age and are otherwise capable of forming a legally binding contract; You are interested in buying or selling property;

If you have an exclusive contractual or other arrangement with any real estate professional that arrangement permits you to post on Propsey.com; and you agree to be contacted by e-mail or other means by propsey.com or its advertisers, members or affiliates regarding your property.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY PROPSEY.COM  ON  AN  “AS  IS”  AND  “AS  AVAILABLE”  BASIS. PROPSEY.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROPSEY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROPSET.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROPSEY.COM WILL NOT BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Governing Law

By visiting propsey.com, you agree that the laws of the State of PA, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and propsey.com or its advertisers, posters, users, affiliates or investors.

Links to Other Sites

Propsey.com may include on its site third party service providers (such as a lender, moving company, home improvement center, etc.). Propsey.com may post information about, or links to, these companies as a service to its users who may be interested in such services. propsey.com is not responsible for the contents of any link to or from this site. We do not endorse the policies or practices of, or opinions expressed on, other websites linked to or from this site; nor do we make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by us of the services, the site, its contents or its sponsoring organization.

Disputes

Any dispute relating in any way to your use of the propsey.com site shall be submitted to confidential and binding arbitration in West Chester, PA, except to the extent that you have in   any manner violated or threatened to violate propsey.com’s intellectual property rights, propsey.com may seek injunctive or other appropriate relief in any state or federal court in the State of PA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Other Policies, Modification and Severability

Please review our other policies posted on this site, including our Privacy Policy. These policies also govern your visit to propsey.com. We reserve the right to make any changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these provisions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without propsey.com’s express written consent.

Restricted Access

Access to certain areas of this website is restricted. Propsey.com reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Propsey.com’s discretion.

If you register with a user ID and password to enable you to access areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Propsey.com may disable your user ID and password in propsey.com’s sole discretion without notice or explanation.

User/Poster Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to propsey.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to propsey.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or propsey.com or a third  party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Propsey.com reserves the right to edit or remove any material submitted to this website, or stored on propsey.com’s servers, or hosted or published upon this website.

Indemnity

You hereby indemnify propsey.com and undertake to keep propsey.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by propsey.com to a third party in settlement of a claim or dispute on the advice of propsey.com’s legal advisers) incurred or suffered by propsey.com arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches Of These Terms Of Use

Without prejudice to propsey.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, propsey.com may take such action as propsey.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Acceptance of Terms of Use

By your use of this site, you agree that you have read, understand and agree to abide by this Agreement and the documents it incorporates by reference; you intend to form a legally binding contract by utilizing or viewing this site. A printout of this Agreement and the documents it incorporates by reference will constitute a “writing” under any applicable law or regulation.

WHEN YOU UPLOAD, ADVERTISE, REGISTER OR OTHERWISE USE PROPSEY.COM’S FEATURES, YOU ARE THEREBY PROVIDING EXPRESS WRITTEN CONSENT TO RECEIVE AUTOMATED MESSAGES CONTAINING REAL ESTATE INFORMATION AND ADVERTISEMENTS COMMUNICATED VIA EMAIL, LANDLINE PHONE, CELL PHONE, TEXT MESSAGE, AND FAX ABOUT THOSE SERVICES PROVIDED BY PROPSEY.COM, ITS ADVERTISERS, POSTERS, USERS, AFFILIATES, INVESTORS, AND ITS THIRD PARTY SERVICE PROVIDERS.

Clear directions for opting out of receiving automated communications shall accompany all messages from propsey.com, however propsey.com cannot guarantee that its advertisers, posters, users or affiliates shall provide shall clear directions for opting out.

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