NuWayMLS.com Terms and Conditions of Use
Last Updated August 27, 2012
1. The prices and complete descriptions of all our
advertising packages, services, and products are posted on our List
My Property" page.
2. The Flat Fee MLS Listing Services are provided by
Independent Licensed Real Estate Brokers NOT NuWayMLS, after you order here you will
receive an email order confirmation with the Licensed Brokers contact information, please
contact them directly for further service related to your MLS listing since they can
provide professional advice. We will be happy to assist any user with a customer
service issue, if you are for any reason not satisfied with the services of any Broker
advertising here please contact us and we will be happy to assist you in that regard.
NuWayMLS is not affiliated with these Brokers and is not involved with them insofar
as actually providing users the listing services advertised here. We merely provide
them advertising and order processing services. NuWayMLS is not providing or
attempting to provide any real estate, appraisal, legal, or other professional services.
NuWayMLS is engaged in providing real estate Advertising services only for
homeowners and Real Estate Brokers offering Flat Fee MLS listing services. If legal,
appraisal, or real estate advice, or other professional services or assistance is required
to assist any NuWayMLS user or advertiser in any way, you are hereby recommended to seek
advice from a licensed professional with experience dealing with the nature of the matter
you need assistance with.
3. NuWayMLS is publishing this site and it's advertising
content without warranty of any kind whatsoever, and makes no representations whatsoever
regarding the accuracy, completeness, or otherwise as to the content of the site and the
advertisements. NuWayMLS publishes ads without editing or review as to content
accuracy or completeness and does not undertake to verify the accuracy nor completeness of
ads. NuWayMLS publishes the Newsletters By Real Estate Professionals without editing
as to content and does not undertake to verify the accuracy or completeness of their
content. The content of this site and it's advertisements are published for
use "as is". NuWayMLS hereby expressly disclaims any representation and
all warranties of every kind and nature, INCLUDING without limitation ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE, and every other
kind now or hereafter imposed by any governmental authority. NuWayMLS hereby
expressly warns all potential buyers to verify all property information and transaction
details for yourself, NuWayMLS does not perform any verification of advertising content as
to accuracy nor completeness. Likewise, NuWayMLS has not and does not undertake to
verify the completeness nor accuracy of the content of any third party web site which is
referenced on this site nor any third party content provided in this site nor any third
party service advertised or sold on this site. All such references to third parties,
their sites, their services, and this sites content provided by any third parties is for
the users convenience and it is the users responsibility to evaluate the accuracy and
completeness of such third party content/site/services or the qualities of those
third-party services for themselves.
4. Neither Sell Free Realty, Inc. (herein
NuWayMLS) nor any of its officers, directors, employees or agents will be liable for
damages arising out of or in connection with the use of this site or any third party
site/content/service referenced herein. This is a complete limitation of liability that
applies to all damages of any and every kind, including (without limitation) compensatory,
direct, indirect or consequential damages, loss of data, income or profit, loss of or
damage to property, personal injury, and claims of third parties. Users and
advertisers HEREBY RELEASE AND DISCHARGE Sell Free Realty, Inc. and its
officers, directors, employees and agents for any and all claims pertaining to their use
in any way of this site and any third party site/content/service referenced advertised or
sold herein, EXPRESSLY INCLUDING WITHOUT LIMITATION ANY CLAIM OF NEGLIGENCE AGAINST
Sell Free Realty, Inc. or any of its officers, directors, employees or
agents. This agreement shall be governed by the laws of the State of Texas (without
reference to its choice of law provisions) and Venue shall be in Harris County Texas in
all circumstances. In the event that any provision herein shall be
declared void or unenforceable than to the fullest extent possible the remaining terms
shall continue to apply. THE PARTIES SPECIFICALLY AGREE THAT IN ANY AND ALL
CIRCUMSTANCES THE MAXIMUM DAMAGES (inclusive of all amounts for attorney fees) which Sell Free Realty, Inc. or any of its officers,
directors, employees or agents will be liable for SHALL BE THE TOTAL SUM ACTUALLY PAID TO
Sell Free Realty, Inc. AND THIS LIQUIDATED DAMAGE CLAUSE IS INTENDED TO BE IN FULL FORCE
AND EFFECT IN ALL CIRCUMSTANCES, THE CONSIDERATION FOR SUCH AGREEMENT BEING THE
DISCOUNTING OF THE PRICE OF THE SERVICES TO START WITH.
5. NuWayMLS reserves the right, at its sole discretion,
to modify the contents of this site at any time without notice. Price and
availability of any or all of our services or products, including the publishing of this
site in it's entirety are subject to change without notice. Prepaid advertising
will be refunded pro-rata only in the event the entire publication of this web site
ceases. NuWayMLS's FREE distribution of it's ads to third-party sites is a FREE
service which is provided on an as desired by NuWayMLS basis and at NuWayMLS's sole
discretion and is also subject to the terms of it's arrangements with such third parties
and subject to the terms of service of said third parties. These distribution
arrangements with third-parties may be changed or discontinued by NuWayMLS at any time and
the sites to which it is distributed.
6. NuWayMLS reserves the right to refuse to publish or to
discontinue publishing any advertisement or listing in NuWayMLS's sole discretion.
Any prepaid ad or listing which is refused publication or cancelled after publication will
be refunded pro-rata.
7. NuWayMLS is a Trademark of Sell Free Realty, Inc.
(herein SellFREERealty). All site design, text, graphics, the selection and
arrangement thereof, and all software are Copyright 1999 - 2012, Sell Free
Inc., ALL RIGHTS RESERVED. All references herein to
"SellFREERealty" or NuWayMLS shall refer to Sell Free Realty,
Inc. Permission is granted to use this site and it's contents for the sole purpose
of pursuing the user's desire to purchase or sell real estate. Those users may copy
only those portions of this site's advertisement content which is of assistance to
said users for the sole purpose of pursuing their real estate transactions.
Any other use of the information and material on this site, including without limitation,
reproduction for purposes other than those listed above, modification, distribution, or
republication without prior written permission of SellFREERealty is strictly
prohibited unless specifically requested by SellFREERealty. Use of this site for
the purpose of gathering information either for use of any kind or for
republication (unless specifically requested by SellFREERealty) or SOLICITING the
advertisers for commercial or other purposes is EXPRESSLY PROHIBITED.
SellFREERealty reserves the right, and all users expressly consent to these procedures,
to employ such procedures as it deems necessary to detect any unauthorized solicitation of
advertisers or information gathering. In addition to and without limiting any other
legal remedy available to SellFREERealty either at law or in equity, in relation to it's
enforcing this non-solicitation/information gathering provision, it is expressly
stipulated that all gross revenues along with all other commercial benefits accruing to
any solicitor/information gatherer violating this restriction shall be the property of
SellFREERealty Service and it shall be entitled to its Attorney fees and cost associated
with any legal proceeding brought to collect said revenues or benefits in the event they
are not remitted to SellFREERealty immediately upon receipt of same by any such violating
8. NuWayMLS's "Internet Plus" advertisers authorize
NuWayMLS to distribute hard copies of their advertisement directly to potential buyers who
request hard copies by either fax or direct mail. NuWayMLS reserves the right
to limit hard copy deliveries of any specific advertisement by U.S. Mail to a
maximum of 40 per month. All Advertisers hereby grant Sell Free Realty, Inc.
an Irrevocable but Non-Exclusive Copyright License covering the entire content of the
Advertiser's advertisement, including but not limited to the electronic photo images.
Nuway, in it's sole discretion and as it desires, may publish or cause to be
published any such content in whole or in part, in any other Real Estate Advertising Web
Site or Real Estate Advertising Print Publication. All Advertisers hereby undertake the
sole obligation to timely modify their ad to indicate if the property has been sold or is
no longer offered for sale. All Advertisers hereby warrant that the entire contents of
their ad are true and correct to the best of their knowledge and belief and undertake to
timely modify their ad to correct any errors or incorrect information that comes to the
attention of the Advertiser. Each Advertiser hereby agrees to Indemnify and hold
Sell Free Realty, Inc. totally harmless from any and all cost, risk, expense, or
liability of any and every kind which may result from any incorrect or misleading
information being included in the Advertisers ad or the publication of the ad itself.
9. Except as expressly set forth herein, no refunds shall be
made. Advertising fees are fully non-refundable. Flat Listing Fees are fully
non-refundable after the listing is input by the real estate agent. If termination
of any listing service is requested in writing before the listing is actually input by the
real estate agent (no service is actually provided by the real estate agent) and an
exception to this no-refund policy is requested, a realtor service
cancellation fee of $149 shall be
fully non-refundable in such case and a partial-refund of the actual Flat Listing Fee paid
less said $149 non-refundable realtor service cancellation fee will be made. There is no refund on signs
or products after they are shipped and there is a $49.50 shipping/handling/restocking fee
for any shipment which is returned undelivered.
10. NuWayMLS expressly reserves the right, at it's sole
discretion, to electronically block either the access to our sites or the use of any
of the sites features by any specific user.
11. Your use of the NuWayMLS site or advertising therein
shall constitute your acceptance of these terms and conditions. NuWayMLS may amend these
terms and conditions by posting any change on this page.
12. NuWayMLS's policies and procedures pertaining to the