Terms of Use

1. ACCEPTANCE OF TERMS

This Agreement is between Navigation Real Estate ("Navigation", "We", or "Us") and you, our Web site visitor and Client ("You"). In consideration of the information and services Navigation provides to you on the Navigation Web site (the "Site"), you agree that your use of the Site and any Navigation services will be subject to these Terms of Use ("TOU"), which may be updated by us from time to time without notice. You can review the most current version of the TOU at any time. Please read the TOU in its entirety. By using and continuing to use this Site, you agree to and accept all of the TOU, as they may be revised from time to time. If you do not agree with any of the TOU, you must immediately stop using and exit the Site.

2. PRIVACY POLICY

From time to time, you may enter personal information on the Site. We have developed a Privacy Policy in order to specifically describe how we may and may not use your personal information. If you have any questions regarding our privacy policy, please review the most recent Privacy Policy on the Site. Please read the Privacy Policy in its entirety.

3. WHO CAN USE THE SITE

We have invested substantial sums to develop the Site and the content featured on the Site. To restrict use by hackers and other unauthorized users, we must limit access to the Site to our clients or potential clients. We grant temporary and limited access to those we believe are seriously considering employing Navigation as their real estate broker. By using the Site, you represent to us and agree as follows:

a. You are a bona fide prospective purchaser or seller of homes, land, business opportunities including land, or other real property in the geographic area where we are licensed and operating as a real estate broker (WA).

b. You have not signed any agreement with a real estate agent or broker that would prevent you from complying with these TOU or from using us as your sole and exclusive agent. You have not entered into any contract with another Broker or have utilized another Broker to provide any real estate services to which compensation may be expected by such Broker.

c. You are 18 years of age or older and, where we have requested information, have provided us with true, complete, accurate, and current information. You agree to maintain and update this information and ensure that it remains true, complete, accurate, and current at all times.

d. If you hold any type of real estate license, such as a broker's, associate broker's, or real estate salesperson's license, you have notified us in writing of the type of license you have and have received permission from us in writing to use the Site.

e. You have not, at any time in the past, violated these TOU or tried to disable or circumvent any security procedures we have established to limit access to the Site.

We reserve the right to deny access to the Site to anyone who does not meet the above criteria, who violates these TOU or any written agreement with us, or who we believe, in our sole discretion, is not likely to purchase or sell real estate through us. We also reserve the right to deny access to the Site to anyone, for any reason in our sole discretion, so long as doing so would not violate any applicable laws.

4. YOUR REAL ESTATE OBLIGATIONS

You agree to immediately notify us if you enter into any agreement with a real estate agent or broker or if you purchase or sell any real property. You agree that you will not contact any buyer or seller of any property introduced to you by Navigation or which you learned of through the Site, except through an appointment set by us. You agree that we may also represent other prospective buyers and sellers seeking to purchase or sell properties that meet your criteria.

5. MODIFICATIONS TO OR DISCONTINUATION OF SITE

We reserve the right at any time and from time to time to immediately modify or discontinue, temporarily or permanently, the Site, or any part thereof, without notice and for any reason whatsoever. You agree that we will not be liable to you or to any third party for any modification or discontinuation of the Site or of any of the content or services provided by the Site.

6. COPYRIGHTS

The visual, textual, and other content contained on the Site, source code and other software code, as well as the organization and layout of the Site, are the copyrighted works of Navigation or its licensors. You agree not to copy, modify, rent, loan, license, sell, or distribute the content on the Site, or create derivate works based on the content on the Site. All content on the Site is provided for your sole and private use and may only be used by you for the purpose of evaluating areas, communities, homes, or other properties for sale or purchase.

7. TRADEMARKS

The trademarks, logos, names and service-marks used on the Site, including without limitation, the name "Navigation" and the Navigation logo, are licensed, registered, or unregistered trademarks and service marks of Navigation. In addition, the trade dress of this website is also the sole and exclusive property of Navigation and may not be utilized by you for any commercial purpose whatsoever. You agree not to use or display any of these trademarks, logos, trade dress, names, or service-marks without our express prior written consent.

8. RESTRICTIONS ON USE

You may access, download, and print materials from the Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, use on another Web site, or transfer or sell any information, software, or lists of users, or other lists obtained from the Site. The foregoing prohibition includes, without limitation, the practices of "screen scraping" to obtain lists of users or other information. You agree to refrain from impersonating any Navigation or other individual or falsely representing your affiliation with any person or entity. You agree to refrain from accessing or attempting to access password-protected or non-public areas of the Site. You agree not to use this site for any unlawful purpose or for any purpose that is prohibited by the TOU. You may not utilize the Site to solicit Navigation or our clients or other website visitors.

9. CONTENT DISCLAIMER

The information, content, and services published on the Site may contain inaccuracies or errors. You agree that Navigation is providing the Site and its content on an "AS IS" basis without warranty of any kind and you agree not to rely on any information or content contained on the Site without verifying such information or content yourself. Under no circumstances will Navigation be liable in any way for any errors or omissions in any information or content or for any loss or damage of any kind incurred as a result of the use of or reliance upon any information or content.

10. THIRD PARTY LINKS

The Site may provide content from or links to other World Wide Web sites. We have no control over such sites and we do not endorse such sites or the material available on such sites. You agree that Navigation is not responsible for the availability of such sites and is not responsible or liable for any content, products, or services available from such sites, or for any services or products purchased from such sites or damage or loss caused in connection with the use of the sites.

11. VIRUSES AND OTHER MISUSE

You agree not to upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code or files designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You also agree not to interfere with or disrupt the Site or the servers or networks connected to the Site or to disobey any requirements, procedures, policies, or regulations of networks connected to the Site. Navigation will not be responsible or liable for any damages to or viruses that may infect your computer equipment or other property due to your access to or use of the Site.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NAVIGATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

b. NAVIGATION MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAVIGATION OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NAVIGATION NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NAVIGATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

14. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE PREVIOUS TWO SECTIONS MAY NOT APPLY TO YOU.

15. INDEMNITY

You agree to indemnify, defend, and hold Navigation, and its subsidiaries, affiliates, directors, officers, employees, agents, partners, and suppliers, harmless from any claim, loss, liability, expense, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any content you submit or transmit to us or the Site, your use or misuse of the Site, your violation of the TOU, or your violation of any law or the rights of any third party.

16. TERM AND TERMINATION

This agreement shall commence when you first visit the Site, and will continue until either you or Navigation terminates this agreement. This agreement may terminate for any reason or no reason. You may terminate this agreement by refraining from using the Site for a period of 30 consecutive days; provided, however, that if you start using the Site again after termination for any reason, this agreement shall recommence as of the date of such first use. Navigation may, in its sole discretion, terminate this agreement, your password, your account (or any part thereof), or your use of the Site, and remove and discard any of your content or information within the Site, for any reason, including without limitation, for lack of use or if Navigation believes that you have violated or acted inconsistently with the letter or spirit of the TOU. You agree that any termination of your access to the Site under any provision of this TOU may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Navigation will not be liable to you or any third-party for any termination of your access to the Site.

17. MISCELLANEOUS

The TOU constitute the entire agreement between you and Navigation and govern your use of the Site, superseding any prior agreements between you and Navigation, including any prior versions of the TOU. Notwithstanding the foregoing, in the event you enter into a written Listing Agreement or Exclusive Buyer's Agency Agreement with us and there is any conflict between those agreements and the TOU, those agreements shall control. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOU and the relationship between you and Navigation will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Navigation agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington. The failure of Navigation to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, the TOU, or your relationship with Navigation must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. Use of the words "you" or "your" shall also mean heirs, executors, successors, legal representatives and permitted assigns. The use of forms on this website are for real estate client inquiries only and may not be used for marketing or any other purpose, whatsoever.

18. QUESTIONS:

If you have any questions regarding these Terms of Use, please contact us by phone at (206) 909-8777 (1-800-206-6612) or by email at info@navigationre.com.