Realtylist Terms of Use

Welcome to Realtylist!

Thank you for using our products and services (“Services”). The Services are provided by Realtylist LLC (“Realtylist”), located at 515 Center Street Scranton, PA, United States.

By using our Services, you are agree to these terms, privacy policy and any other relevant agreements. Please read them carefully. We may amend our Terms of Service or Privacy Policy and may notify you when we do so.

If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Service immediately.

Users of our Service must be over the age of 18 to engage in any transactions or to submit bids or inquiries to the Site.

User Requirements and Additional Terms

Any Users of our website who wish to bid on real estate (“Buyers”) or sell (“Sellers”) real estate must be over the age of 18 or the legal age of consent to enter into a binding agreement. We reserve the right to restrict or refuse access to any Users of Site or Service for any reason whatsoever.

CERTAIN PROPERTY LISTINGS CONTAIN A NOTICE STATING THAT ADDITIONAL TERMS MAY APPLY. ALL BUYERS AND SELLERS ARE SOLELY RESPONSIBLE FOR UNDERSTANDING THE LEGAL IMPLICATIONS OF SUCH ADDITIONAL TERMS. WE CANNOT BE RESPONSIBLE FOR SUCH TERMS. IN CASE OF ANY CONFLICT BETWEEN THE ADDITIONAL TERMS AND THIS AGREEMENT, THE ADDITIONAL TERMS SHALL CONTROL

Our Site and Service

Realtylist is not an auctioneer. No person is conducting an auction as you would have in a live auction setting. Realtylist is a marketplace that allows anyone to offer, sell, and buy property. We are not involved in the actual transaction between Buyers and Sellers and are not a party to the contracts created. As a result, we have no control over the truth or accuracy of the listings, the Seller's ownership interest in the listed property, or the ability of a Buyer to close on the transaction.

AS THE SITE ACTS MERELY AS A MARKETPLACE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US AND OUR AFFILIATES (AND OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

User Verification and Information

We may use various methods to identify our Users when they register. However, we cannot and do not confirm each User's purported identity. We encourage you to report any instances of fraud or other circumstances that call into question the purported identity of any User. We do not control the information on our sites provided by other Users.

You may find other Users' information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense and safe business practices when using Realtylist and or meeting any third parties.

Please note that there may also be risks of dealing with underage persons, foreign nationals and people acting under false pretenses.

Your Content on Realtylist

When submitting any Content, please ensure that such Content is accurate. We are not required to host, display, or distribute any of your posts and we may refuse to accept or transmit any content or delete your content from Realtylist at any time. You understand that when using the Realtylist Service you may be exposed to Content from a variety of sources, and that Realtylist is not responsible for the accuracy, validity, or usefulness of Content created by others. You agree that you are solely responsible for any Content submitted and that we cannot guarantee the absolute safety and security of any such information. When submitting any Content you represent and warrant to us that you own such Content or have paid for the rights to use such Content. Realtylist may at its discretion remove, modify, or delete any Content submitted by you to the Software or Service.

When you submit any Content to us, you grant Realtylist and its affiliates, Users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your Content and anything we may make with your Content through Realtylist or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your Content, and to use your Content to advertise and promote Realtylist. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our Service.

User Guidelines

When using our Service, you are responsible for your use of Realtylist, and for any use of Realtylist made using your account. You agree not to access, copy, or otherwise use Realtylist, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Realtylist. You agree not to use Realtylist to:

  • You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to Realtylist servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Realtylist grants the opera tors of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
  • You may not violate or infringe other people's intellectual property, privacy, or other rights while using our Software;
  • You may not violate any laws, rules or procedures of the United States while using our Site or Service;
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, Software, or Service;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You will not upload invalid data, viruses, worms or other software agents through the Service or Site;
  • You will not collect or harvest any personally identifiable information, including account names, from the Service or Site;
  • You will not access the Site or Service through any technology or means other than those provided or authorized by the Service or Site;
  • You agree not to stalk, harass, bully or harm another individual;
  • You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You agree to use our Service only in a safe manner and in compliance with all laws, you explicitly agree that you will not use Realtylist for any criminal communications or for unlawful purposes;
  • You agree that you will not hold Realtylist responsible for your use of our Site or Service;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to Realtylist;
  • You agree not to interfere with or disrupt the Site or Service;
  • You agree not to hack, spam or phish us or other Users;
  • You agree to provide truthful and accurate Content;
  • You agree to not violate any law or regulation and you are responsible for such violations;
  • You will not use our Site or Service to post any false, lewd, indecent, x-rated, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
  • You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
  • You will not upload any Content to our Site or Service that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Realtylist reserves the right to suspend or terminate any account at any time without notice or explanation.

Contractual Liability

Realtylist is a marketplace that allow buyers and seller and/or their representatives to connect, we cannot be liable for any contracts created between any Users of this Site or Service

PLEASE BE AWARE THAT REALTYLIST IS NOT A PARTY TO ANY CONTRACTS CREATED BETWEEN ANY BUYER AND SELLER. YOU AGREE THAT WE ARE NOT LIABLE FOR AND CANNOT ACCEPT ANY LIABILITY IN CONJUNCTION WITH ANY CONTRACT CREATED BETWEEN YOU AND A THIRD PARTY. WE DO NOT TRANSFER LEGAL OWNERSHIP, TITLE, OR RIGHT TO ANY PROPERTIES THROUGH OUR SITE OR SERVICE.

No Resale or Commercial Use

We reserve the right to alter, update, or remove our Site or Service or your access from it at any time, or demand that you do so. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

Modification of our Service or Site

We reserve the right to alter, update, or remove our Site or Service or your access from it at any time, or demand that you do so. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

Service and Site Availability

We do not guarantee that the Service or Site will always be available, work, or be accessible at any particular time. Only Users who are eligible to use our Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Software will work as advertised, or that it will give you any desired results.

Service Disclaimer

Although we aim to provide you accurate data and content through our Site and Service, please be aware that our Service and any information found within it are offered “as-is.” While we strive to provide a great user experience for all of our Users, Realtylist assumes no responsibility for the temporary unavailability of the Site or Service or the timeliness, transport, outage, deletion, failure to deliver or failure to store/retrieve any User commands, data, communications or personalization settings in connection with Realtylist. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service or Site will result in any benefits or positive results for you.

You agree to release us from any liability that we may have to in relation to your use of our Site and Service. You agree to release us from any liability related to any encounters with third parties that may occur through your use of Site and Service. Although we attempt to verify all of our Sellers and their products or services, we urge you to use caution when purchasing or using their products or services.

Compliance With All Laws and Regulations

Realtylist is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, US and international laws regarding your use of our Site and Service. Our Site and Service are void where prohibited.

Intellectual Property Rights

The design of the Realtylist Service along with Realtylist created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Realtylist, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Realtylist reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.

Bidding On Listings and Buying From Sellers

Bidding on a property indicates the Buyer’s intent to purchase a property listed on Realtylist. This bid is a legally binding offer to enter into a contract between you and the Seller of the property, which offer remains open until the Seller sells the property to another Buyer or until the property is relisted. As a Buyer, you are obligated to complete the transaction with the Seller if you submit a bid that closes highest at the end of the listing period (“Winning Bid”). Please be aware that some, if not all, properties may list additional terms of sale, Buyers are solely responsible for understanding the additional terms before supplying a bid. NOTWITHSTANDING THE FOREGOING OR ANYTHING IN THIS AGREEMENT, THE PURCHASE AGREEMENT, OR ANY OTHER DOCUMENTATION TO THE CONTRARY, THE SELLER IS NOT OBLIGATED BY RECEIVING ANY BID, INCLUDING WITHOUT LIMITATION A WINNING BID, TO SELL THE PROPERTY TO THE BUYER, OR ANY OTHER PERSON OR ENTITY UNTIL A PURCHASE AGREEMENT HAS BEEN EXECUTED BY THE SELLER AND BUYER.

Any person who fails to consummate a purchase after submitting a Winning Bid may be barred from participating in future sales or bidding on our sites. By making a bid on a property, you agree to be bound by the conditions of sale included in the listing, so long as those conditions of sale are not unlawful. Bids cannot be withdrawn by the Buyer once placed.
If you fail to complete the transaction you may be in breach of contract and subject to legal claims by the Seller, and/or other parties to the transaction. We make every effort to inform Buyers in a timely manner via email of Sellers' responses to bids or offers on properties, as well as other information that may affect bids or offers. Sometimes, technical issues delay emails from being sent as quickly as we would like, so we cannot guarantee email notifications. We reserve the right to rerun listings, disqualify any Buyers, or disallow Winning Bids at our discretion.

Escrow

After submitting a Winning Bid, you must comply with the Seller's escrow provisions set forth on the applicable property's details page or terms page. You are strongly advised to work with the Buyer's Real Estate Agent who will arrange for the earnest money deposit to be held by a title company, attorney or escrow office. Realtylist DOES NOT hold any escrow fees and is not involved in the closing or escrow of any purchase transactions

Payments

In order to create a property listing, Sellers may be required to supply their credit card information. By using our Service and Site and you agree to pay the amount stated at the time of listing along with any taxes or fees. Please be aware that additional terms and conditions may be placed on a Buyers purchase by the Seller.

Disclaimers Regarding Property and Inspection

UNLESS OTHERWISE STATED, ALL LISTINGS ARE FOR SALE "AS IS WHERE IS W ITH ALL FAULTS" WITH NO EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES WHATSOEVER, UNLESS REQUIRED BY LAW. Without limiting any other provision this Agreement, you acknowledge and agree that you are bidding for and, if you have the Winning Bid, acquiring the property in its present state and condition as of the date you submit the bid, with all defects, both patent and latent, and with all faults of the property whether known or unknown, presently existing or that may hereafter arise. Furthermore, the property is subject to all additional terms and conditions set forth on the property's listing page. You acknowledge and agree that Sellers, Realtylist and its affiliates have not made, do not make and specifically negate and disclaim any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the property you have bid on, including without limitation: (a) the value, nature, quality or condition of the property, including, without limitation, the water, soil and geology; (b) the income to be derived from the property; (c) the suitability of the property for any and all purposes, activities and uses which you may conduct thereon; (d) the compliance of or by the property or its operation with any laws, rules, ordinances or integrity of the land or any buildings or improvements of any applicable governmental authority or body; (e) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the property; (f) the manner or quality of the construction or materials, if any, incorporated into the property; (g) the manner, quality, state of repair or lack of repair of the property; (h) the existence of any view from the property or that any existing view will not be obstructed in the future; (i) the conformity of the improvements to any plans or specifications for the property that may be provided to you; (j) the conformity of the property to applicable zoning or building code requirements; (k) the existence of soil instability, past soil repairs, susceptibility to landslides, sufficiency of under-shoring, sufficiency of drainage, or any other matter affecting the stability or integrity of the land or any buildings or improvements situated thereon; (l) whether the property is located in a special studies zone under the public resources code or a seismic hazards zone or a state fire responsibility area, or a special flood hazard zone; or (m) any other matter with respect to the property. You acknowledge that the property may not be in compliance with applicable zoning, building, health or other law or codes, and that the Seller may not have occupied the property and that the property may not be in habitable condition. You further acknowledge and agree that, without limitation, the Seller and Realtylist have not made, do not make, and specifically disclaim any representation regarding compliance with the Americans With Disabilities Act or with any envi ronmental protection, pollution or land use laws, rules, regulations or orders or requirements, as defined by the U.S. Environmental Protection Agency regulations or the disposal or existence, in or on the properties, of any hazardous substance, as defined by the comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated there under. You and anyone claiming by, through or under the same hereby fully and irrevocably release Realtylist, our affiliates, employees, officers, directors, representatives, attorneys and agents from any and all claims that you may now have or hereafter acquire against us, their respective affiliates employees, officers, directors, representatives, attorneys, and agents for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or relating to any construction defects, efforts, omissions, or other conditions, including environmental matters, affecting the properties or any portion thereof. You should consider these matters when registering as a Buyer and placing bids with Realtylist. The availability of any listings for an inspection, and the process by which you may arrange for an inspection, is solely between you and the Selle

Representations and Warranties

OUR SITE, SITE AND SERVICE ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR SITE OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED.

OUR SITE OR SERVICE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR SERVICE, TIMELINESS, MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED, OR THAT THE SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. REALTYLIST IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITE AND SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE OR SERVICE.

Limitation of Liability

IN NO EVENT SHALL REALTYLIST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR SERVICES, INCLUDING ERRORS, MISTAKES, OR INACCURACIES OF CONTENT WITHIN OUR SITE AND SERVICE, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL (VI) LOSS OF ANY KIND RELATED TO YOUR PURCHASE OR SALE OF PROPERTY FOUND THROUGH OUR SITE OR (VI) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF 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." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 USD OR THE TOTAL AMOUNT YOU PAID REALTYLIST WHILE USING OUR SITE AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.

Copyright Takedown Notice

We take copyright infringement very seriously and intend to comply with the Digital Millennium Copyright Act and other relevant laws both national and international. If believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our copyright agent at privacy@RealtyList.com.

Indemnity

You agree to defend, indemnify and hold harmless Realtylist, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the Realtylist Site and Service;
  • your violation of any term of these Terms of Service;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that any of your Content or actions through Realtylist caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of the Realtylist Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Age Compliance

Users of our Service must be over the age of 18 to engage in any transactions or to submit bids or inquiries to the Site.

Choice of Law

This Agreement shall be governed by the laws in force in the state of Pennsylvania. The offer and acceptance of this contract is deemed to have occurred in Pennsylvania.

Arbitration and Class Action Waiver

Any dispute relating in any way to your visit to the Site or use of our Services shall be submitted to confidential arbitration in Lackawanna County, PA, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Pennsylvania. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Pennsylvania. Arbitration under this Agreement shall be conducted pursuant to the Commercial or Consumer Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or nearest to Lackawanna County, PA. The prevailing party in any such action shall be entitled to their reasonable attorneys’ fees and costs.

Neither you nor Realtylist may participate in a class or representative action in court as a class member if the claims asserted in the arbitration would fall within the scope of this arbitration agreement if asserted directly by you or Realtylist. To be clear, you and Realtylist com both waive any right to participate in any class action involving disputes between us.

Force Majeure

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Realtylist shall have the sole right to elect which provision remains in force.

Non-Waive

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Termination

We may terminate or suspend service, your account, or the Software without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Although, your information may not be accessible we may keep such information for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through this Agreement from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our website and our Service.

Relationship

You and Realtylist are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Electronic Communications

The communications between you and Realtylist use electronic means, whether you visit the Software, Site, or Service or send Realtylist e-mails, or whether Realtylist posts notices on the Software, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Realtylist in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Realtylist provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Last modified: February 10, 2015