TERMS OF USE AGREEEMENT

Last Update: 2/20/10

This Terms of Use Agreement sets forth the standards of use of the yellowkeyrealty.com Website (Site) and related Web Services (Buyer/Seller Registration Forms, etc). By using the yellowkeyrealty.com website and its related Web Services and/or registering with yellowkeyrealty.com, you agree to these terms and conditions. If you do not agree to the terms and conditions of this Website and its related Web Services, you should immediately cease all usage of the Website and its related Web Services (Buyer/Seller Registration Forms, etc). yellowkeyrealty.com, Inc. (We, Our, Us) reserves the right, at any time, to modify, alter, or update the terms and conditions of this Website and its related Web Services without prior notice. Modifications shall become effective immediately upon being posted on Our Website. Your continued use of Our Website, its related Web Services, and/or our real estate services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this agreement may not be amended.

  • All information that you access on this site is for your personal, non-commercial use
  • You must be 18 years old or older to use this Site
  • yellowkeyrealty.com will not act in the capacity of an Agent unless specified in an agreement between you and yellowkeyrealty.com. The assumption should be that yellowkeyrealty.com's relationship with you is that of a transaction broker or a no broker relationship as specified in any agreement between you and yellowkeyrealty.com
  • Service prices will only be locked for the duration of any agreement entered between a Buyer and/or Seller and yellowkeyrealty.com. Otherwise, yellowkeyrealty.com can at any time modify, alter, or update its service features and/or the prices of its services
  • You will comply with all copyright restrictions or any other restrictions on yellowkeyrealty.com's website and/or that of its affiliated vendors
  • You will not copy, redistribute, or retransmit any of the data or information provided on this Site, its related Web Services, or on the site of any affiliated vendor
  • You consent for us to communicate with you by email, telephone, fax, and/or mail
  • Electronic Documents - yellowkeyrealty.com performs many of its services online. As such, We often provide documents to Our customers in an electronic format (for example: PDF document). By using Ourr services and website:

    You agree to electronically receive documents (For example: sales contracts, addenda, disclosure documents, buyer agreements, offers, listing agreements, etc) from us. At any time, you may request a paper copy of a record we provided or made available to you. You can obtain these paper copies (usually for 30 days) by printing out the electronic documents that we would provide to you. After such time, if you wish for us to send you a paper copy of any such document, you understand that you would need to make a request for us to do so by performing BOTH of the following items:

    a) Submitting a request to us at info@yellowkeyrealty.com. The request must include the full name of the person making the request, full name of all owners on the listing agreement, the date of the execution of the listing agreement, the document that is being requested, and a contact phone number for the individual requesting the document

    b) Calling Us at 1-954-369-1486 to make the request

    You would need to call us at 1-954-369-1486 to obtain any applicable copying, handling, printing, and shipping charges.

    You understand that if you withdraw, in whole or part, your consent for us to provide or make available to you documents in an electronic format, we reserve the right to terminate your registration with and use of our services.

    You agree that all documents that we provide or make available to you will be treated as legally binding and admissible in any proceedings.

    You agree to receive all electronic documents via the email address that you used in your registration data when registering for one of yellowkeyrealty.com’s services.

    You agree to either timely electronically sign or refuse to electronically sign all electronic documents (related to your real estate transaction) that we provide to you for signature.

    You agree to either timely sign or refuse to sign all documents (related to your real estate transaction) that we provide to you for signature.

    The hardware and software required to access your electronic documents are: Internet service, a personal computer, a web browser, and the Adobe Acrobat Reader softwarespan>

  • You agree to keep all of your contact information (such as your email address, telephone numbers, fax numbers, mailing address, etc.) up to date with us. You agree to send all changes to your contact information to yellowkeyrealty.com by email at info@yellowkeyrealty.com and/or by contacting us at 1-954-369-1486.
  • You attest to the fact that you are currently not a party to any listing agreements, buyer's broker agreement, or other real estate brokerage agreements. You will not ask us to represent you if you have such an agreement with any entity (ex. person, company) that applies to the property you are listing or seeking to purchase.
  • Subject to any applicable US State or Federal laws, we may terminate your registration and use of this Website and/or its related Web Services and/or our services at any time.
  • yellowkeyrealty.com may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third party site. You should contact the third party if you have any concerns regarding such links or the contents located on such sites. Your use of the third party sites is subject to the terms of usage and privacy policies of each site, and we are not responsible therein.
  • THIS WEB SITE (yellowkeyrealty.com) AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. YELLOWKEYREALTY.COM AND/OR ITS AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE.
  • USE OF THIS WEB SITE AND/OR YELLOWKEYREALTY.COM"S WEB SERVICES IS AT YOUR OWN RISK. YELLOWKEYREALTY.COM AND/OR ITS AFFILIATED VENDORS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, MULTIPLE, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR YELLOWKEYREALTY.COM"S WEB SERVICES
  • YELLOWKEYREALTY.COM SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM ANY DELAY, INTERRUPTION, ERROR, OR FAILURE IN SERVICE OR TRANSMISSION
  • YELLOWKEYREALTY.COM WILL NOT BE LIABLE FOR ANY COMPUTER VIRUS, ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF, MISAPPROPRIATION OF, OR ALTERATION OF DATA
  • THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND YELLOWKEYREALTY WILL, AT THE OPTION OF YELLOWKEYREALTY.COM, BE RESOLVED BY BINDING ARBITRATION. IN THE EVENT THAT YELLOWKEYREALTY.COM DOES EXERCISE THAT OPTION, YOU WILL THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. THE ARBITRATION SHALL BE VENUED IN FORT LAUDERDALE, FLORIDA OR ANY OTHER VENUE THAT YELLOWKEYREALTY.COM CHOOSES TO USE.
  • If any provision of this Terms of Use Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions and any partially-enforceable provision shall not be affected thereby and shall remain valid and enforceable to the maximum extent possible.
BUYER SERVICES
  • We give you 25% of our commission when you purchase a property through yellowkeyrealty.com
  • In order to qualify for a part of our commission, the Buyer must purchase a Property within 3 months of the initial point of contact (whether by phone, email, Internet, mail, in person, etc) with yellowkeyrealty.com or its Agents. The property must close within those 3 months. The Buyer must also register through the yellowkeyrealty.com's website for our Buyer Comprehensive Service.
  • The commission that we give to you is the commission that the Seller offers to the Buyer's broker. We do not share any commission that is offered to us for our services as a listing broker. Neither will we share any bonus or incentive fees other than the typical commission that is paid on a Property.
  • Some lenders might not allow you to receive a check from us for the portion of the money we give you that is not applied to your closing costs. Ensure that you check with your lender about their policy upfront so that you will know how you can allocate the money we give to you.
SELLER SERVICES
  • yellowkeyrealty.com reserves the right to refuse to list the property of a Seller who we believe offers too low of a comission to the Buyer's Agent. This right would typically be exercised for our paid-for services (for example, Professional Assistance, SHORT SALE service). yellowkeyrealty.com also reserves the right to reject listing a Property for free on the MLS. For example, we might charge a fee to relist a property that was listed for FREE at one point in the past with yellowkeyrealty.com.
  • Subscribers to any of our Seller listing services (for example, FREE MLS Listing, Professional Assistance, SHORT SALE) agree to timely notify us within 24 hours of any changes to the status of their listings. Examples of status changes are: property is under contract, property is no longer under contract, property has closed, property is no longer on the market for sale, etc.
  • Subscribers to our FREE MLS Listing, Professional Assistance, and SHORT SALE services can cancel their listing agreements with us as long as they submit a signed form ("Cancellation Form"), that is approved by yellowkeyrealty.com, 30 days before the effective date of the subscribers' cancellation. Subscribers to these services agree to contact yellowkeyrealty.com by phone if they are unable to locate the Cancellation Form and need yellowkeyrealty.com to provide this form to them. yellowkeyrealty.com will have five business days from the date of the subscribers’ request to provide the subscribers with a Cancellation Form. A subscriber for any of our paid-for services, such as the Professional Assistance and SHORT SALE Assistance service, becomes responsible for paying for yellowkeyrealty.com's services when yellowkeyrealty.com finds a Buyer who is ready, willing, and able to purchase the subscriber's property. The terms of the listing agreement between the Subscriber and yellowkeyrealty.com supercedes this Terms of Use Agreement.
  • Subscribers to our Professional Assistance and/or SHORT SALE Seller services agree to call a Buyer and/or the Buyer's Agent whenever yellowkeyrealty.com provides the contact information of a Buyer and/or the Buyer’s Agent and the subscriber is unable to show his or her property to the Buyer and/or the Buyer's Agent at a time that was scheduled by yellowkeyrealty.com or the subscriber.
  • By using the yellowkeyrealty.com′s website and its related Web Services (Buyer/Seller Registration Forms, etc), you agree to the Privacy Policy of this Website (yellowkeyrealty.com). If you do not agree to the Privacy Policy of this Website and its related Web Services, you should immediately cease all usage of the Website and its related Web Services (Buyer/Seller Registration Forms, etc). yellowkeyrealty.com (We, Our, Us) reserve the right, at any time, to modify, alter, or update the Privacy Policy of this Website and its related Web Services without prior notice. Modifications shall become effective immediately upon being posted on Our Website. Your continued use of yellowkeyrealty.com and its related Web Services after amendments are posted constitutes an acknowledgement and acceptance of the Privacy Policy and its modifications. Except as provided in this paragraph, this Privacy Policy may not be amended.
PRIVACY POLICY

yellowkeyrealty.com will from time to time collect information on your usage of its website. We value your privacy and hope by explaining some of our collection methods, you will be able to come to a better understanding of how we collect and protect your data. Your continued usage of the yellowkeyrealty.com′s Website and related Web Services (such as the Buyer/Seller Registration forms) implies your acceptance of this Privacy Policy.

yellowkeyrealty.com may use cookies in order to track our users and identify their online habits. We collect this information to better determine the products/services that are relevant to our users. Your IP Address, computer location, web browser, monitor resolution settings, etc. will more than likely be captured by our analytics. By using yellowkeyrealty.com's Website and its related Web Services, you consent to the processing of data about you. Third parties may place and read cookies on your browser or use web beacons to collect information as a result of ads serving on yellowkeyrealty.com.


Information Sharing

yellowkeyrealty.com may use or share your data with other MLS participants, brokers, or agents. If you choose to use us for a listing, your listing information (data and pictures for example) could be disseminated in other advertising and marketing, including other real estate websites. We may use or share your data in order to handle your transactions. We may share your data with real estate brokers and agents, lenders, appraisers, inspectors, title companies, and other service providers who are providing or may provide assistance in connection with your real estate transaction. Furthermore, we may share your information (such as your telephone number and email address) with other individuals (such as Buyers and Sellers) who need to get in contact with you in regards to a real estate transaction.

yellowkeyrealty.com will take care to see that your information is not transmitted to an unauthorized party, however, yellowkeyrealty.com is not liable for such information transmission due to theft, hacking, inadvertent or software errors. We cannot guarantee the security of any information that you provide to us. We accept no responsibility or liability for the activities of third parties.

We reserve the right to disclose your information under limited circumstances, such as to cooperate with law enforcement or judicial authorities as required by law or legal process, to protect our own legal rights, to protect the public good, or to protect other third parties. We also reserve the right to disclose your information in circumstances where we might require technical support or other services for our Website and/or related Web Services.

This Privacy Policy does not cover any other sites to which our site may direct you or other websites that are beyond our control.

If If any provision of this Privacy Policy shall be unlawful, void, or unenforceable for any reason, the other provisions and any partially-enforceable provision shall not be affected thereby and shall remain valid and enforceable to the maximum extent possible.