These Terms of Use were updated on November 1, 2021. Your continued use of the Services constitutes your acceptance of these Terms. The Services are owned and operated by bvgrealty.com LLC, a technology-powered real estate brokerage licensed and headquartered in NY.
* Use of the term MLS an acronym for Multiple Listing Service does not imply that we are a MLS but instead a service provider that helps you list your property with us so that we in turn can get you listed in the MLS. Similarly, List For Sale or For Rent By Owner denotes that you the owner fills out forms to list your property. It does not imply that you as a layperson will be granted direct computer access to the Multiple Listing Service yourself. Only a licensed broker and member of the MLS can access the Multiple Listing Service. All commissions are negotiable by law.
TERMS OF USE
These Terms constitute part of the Agreement regarding the Services between you and bvgrealty.com LLC. These Terms provide important information to you, including information about your obligations when using the Services, about content you access through the Services, about content you contribute to the Services, and about the limits of our liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement.
The Services are, in whole or in part, accessible through the Sites. Your use of and access to each Service is subject to these.
PLEASE NOTE: WHERE PERMITTED BY APPLICABLE LAW, WHEN YOU AGREE TO THIS AGREEMENT AND THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY CLAIM BETWEEN YOU AND bvgrealty.com LLC THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 2.13.9 BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THIS AGREEMENT ALSO CONTAINS A CLASS ACTION WAIVER.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.
1. Definitions.
1.1. “AAA” means the American Arbitration Association.
1.2. “AAA Rules” means the Consumer Arbitration Rules of the AAA.
1.3. “Agreement” means, collectively and as applicable to you, these Terms, the applicable Services Addendum, and all other applicable terms, conditions, and policies, including Privacy Notice, that we make available to you in connection with your use of the Services.
1.4. “Claim” means any dispute, controversy or claim arising between you and bvgrealty.com LLC.
1.5. “Class Action Waiver” has the meaning set forth in Section 2.13.9.2 of these Terms.
1.6. “Feedback” means feedback, comments, and suggestions for improvements in connection with the Sites and Services.
1.7. “bvgrealty.com Company” or “bvgrealty.com LLC” or “our” or “we” means, collectively or as applicable to you, the specific entity providing the Services.
1.8. “Services Addendum” means any applicable addendum incorporated by reference into this Agreement that contains additional terms and provisions concerning the respective Services.
1.9. “Services” means, collectively or as applicable to you, the Sites and services provided by bvgrealty.com LLC pursuant to this Agreement.
1.10. “Sites” means the websites and mobile applications maintained by or on behalf of the bvgrealty.com LLC through which the bvgrealty.com LLC may offer services.
1.11. “Terms” means these Terms of Use.
1.12. “/span>Testing” has the meaning set forth in Section 2.13.6 of these Terms
1.13. “Third Party Content” means Your Content and any data, content, information, or other materials provided by a third party, including, without limitation (i) such content and information other users of the Services provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by bvgrealty.com LLC’s Privacy Policy; and (ii) content and information posted or provided by our service providers, or any third party multiple listing service, broker, or agent.
1.14. “Third Party Sites” means third party websites.
1.15. “Your Content” means your Feedback and any data, content, information, ideas, comments, property information, listing information, photos, or other materials that you provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by bvgrealty.com LLC’ Privacy Notice.
All other capitalized terms will have the meaning as provided elsewhere in this Agreement.
2. GENERAL TERMS
2.1. Who May Use the Services. To access and use the Services, you must be at least the age of majority in the state, province, or territory where you live or at least 18 years of age. If you are under the age of 13, you may not use the Services and you should not be visiting the Sites or using the Services. For additional user requirements, if any, please see the applicable Services Addendum.
2.2. Third Party Sites and Linked Materials. The Services may include links to Third Party Sites. You should review any applicable terms or Privacy Notice of a Third Party Site before using it or sharing any information with it, because you may give the third party permission to use your information in ways we would not. bvgrealty.com LLC is not responsible for and does not endorse any features, content, advertising, products or other materials on or available through Third Party Sites, even if originally accessed via a link on the Sites.
2.3. Intellectual Property Rights, License and Ownership.
2.3.1. bvgrealty.com LLC Intellectual Property. Except as otherwise provided in this Agreement, bvgrealty.com LLC and their licensors own all right, title, and interest in and to the Services and all materials and information (including source code, data, text, images, and other content) contained on or in the Services, and you acknowledge that all such content is protected by copyright, trademark, and other laws of the United States and foreign countries.
2.3.2. License Granted to You. bvgrealty.com LLC, as applicable, grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services so long as your use complies with this Agreement, the applicable Services Addendum and any other applicable policies. Unless you are otherwise explicitly granted permission, this Agreement does not grant you any right or license with respect to any trademarks, service marks, graphics, or logos.
2.3.3. Restrictions. You may not modify, decompile, dissemble, reverse-engineer, reproduce, redistribute, create derivative works based upon, or attempt to commercially gain from your use or misuse of the Services, or any of their components, except as permitted by the Services. You may not use any meta-tags or other hidden text using bvgrealty.com LLC name, trademark, service mark, graphic or logo without bvgrealty.com LLC’s specific written permission. You may not remove, obscure, or modify any copyright or other intellectual property notices that appear on or in the Services. You may not use the Services in any way that violates any law or regulation, this Agreement, any of bvgrealty.com LLC’s policies, or any third party policy, that applies to you. You may not use the Services in any manner that harms bvgrealty.com LLC, our service providers, our suppliers, other users of the Services, or any other person. We may revoke your permission to access and use the Services or terminate your access to and use of the Services, and we may block or prevent you from accessing the Services, at our discretion. If you violate these Terms or the Agreement, your permission to access and use the Services is automatically revoked.
2.3.4. No Right to Reproduce. These Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on Third Party Sites or otherwise.
2.3.5. No Scrubbing or Scraping. You may not automatedly crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior express written permission from bvgrealty.com LLC.
2.3.6. Feedback. You may give bvgrealty.com LLC Feedback. You hereby assign to bvgrealty.com LLC all of your right, title, and interest in and to the Feedback. To the extent applicable law does not permit assignment of the Feedback, you hereby grant bvgrealty.com LLC a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner in which bvgrealty.com LLC see fit. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to your Feedback.
2.3.7. Reservation of Rights. Except for the limited licenses granted in this Agreement, we reserve all of our rights, interests, and title in and to the Services.
2.4. Your Content. You grant to bvgrealty.com LLC a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display publicly Your Content (excluding Feedback) in connection with provision of the Services to you or otherwise in connection with your permitted use of the Services. In addition to any of Your Content that is made available through the Services, we may share Your Content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to Your Content. Notwithstanding anything in the Agreement to the contrary, bvgrealty.com LLC does not have any obligation to store or display Your Content. bvgrealty.com LLC may, but are not obligated to, monitor, modify, or remove Your Content at any time in their sole discretion. You agree that bvgrealty.com LLC may promote and market Your Content in connection with the Services.
2.5. Provision of Services and Communications with You. To access or use certain Services or features of the Services, you may need to register and create an account with bvgrealty.com LLC. For purposes of responding to you and providing you with information and notices about your account or the Services, you agree that we may communicate with you through the contact information associated with your account. We have no liability rising from your failure to maintain accurate contact or other information, including, without limitation, your failure to receive critical information about the Services. When you request information from us, you are extending an express invitation for us to contact you.
2.6. Forums. bvgrealty.com LLC may offer forums where you can post your observations and comments on designated topics or on public boards. For certain Services, account holders can create forum topic threads. bvgrealty.com LLC, in their sole discretion, may close or transfer threads, or modify or remove content from them. Please note that everything you share in a forum may be seen and used by other users of the applicable Services. bvgrealty.com LLC is not responsible or liable for anything posted by non-bvgrealty.com Company persons on the forums nor is bvgrealty.com LLC responsible or liable for monitoring the content or activities associated with the forums.
2.7. Your Representations. You represent and warrant that (i) you have the ability to enter into this Agreement and grant all assignments, licenses, and permissions contemplated or contained herein; (ii) your use of the Services will be in compliance with all laws, regulations, this Agreement, bvgrealty.com LLC’s policies, and third party policies, if and as applicable to you; (iii) Your Content and any Feedback are original to you and do not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; (iv) Your Content and any Feedback do not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (v) our use of Your Content and any Feedback you provide will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person.
2.8. Termination. If you have created an account to access the Services, you may deactivate your account at any time by visiting your Account Settings or you may contact bvgrealty.com LLC’s Customer Service. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the Services, in whole or in part, with or without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
2.9. Indemnification. You agree to defend, indemnify, and hold bvgrealty.com LLC, and its respective agents, employees, directors, officers and representatives harmless from and against all claims and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (a) your failure to comply with applicable laws, regulations, this Agreement, bvgrealty.com LLC’s policies, and third party policies, if and as applicable to you; (b) Your Content and Feedback; (c) the bvgrealty.com LLC’ use of Your Content and Feedback as contemplated or permitted under this Agreement; or (d) any activity in which you engage on or in the Services.
2.10. Disclaimers. bvgrealty.com LLC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. bvgrealty.com LLC DO NOT CONTROL OR VET THIRD-PARTY CONTENT FOR ACCURACY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, bvgrealty.com LLC DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE SERVICES AND bvgrealty.com LLC AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON INFRINGEMENT.
bvgrealty.com LLC is not responsible for any errors in displayed information or delays in displaying information ON THE SITES, including without limitation any THIRD PARTY CONTENT. bvgrealty.com LLC DOES NOT TAKE RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY THIRD PARTY CONTENT. ANY USE OR RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER INFORMATION ON THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN RISK, INCLUDING INFORMATION PROVIDED BY OR FOR bvgrealty.com LLC. bvgrealty.com LLC IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR ANY CONTENT OR INFORMATION PROVIDED BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, A MULTIPLE LISTING SERVICE OR AN AGENT PARTICIPATING IN THE bvgrealty.com PARTNER PROGRAM.
bvgrealty.com LLC IS NOT RESPONSIBLE FOR, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING, THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY CONTENT) SENT THROUGH THE SERVICES. bvgrealty.com LLC DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING ITS SERVICES, NOR DOES bvgrealty.com LLC HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES. bvgrealty.com LLC DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
bvgrealty.com LLC DOES NOT MAKE ANY GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND bvgrealty.com LLC DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS.
THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE VIEWS EXPRESSED ON THE SERVICES IN THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, POSTS TO FORUMS, DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF bvgrealty.com LLC. bvgrealty.com LLC IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY IN RELATION TO THIRD PARTY CONTENT.
2.11. Limitations of Liability. IN NO EVENT WILL bvgrealty.com LLC OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS, THE AGREEMENT, OR YOUR USE OF THE SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST bvgrealty.com LLC, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT FOR SUCH SERVICES, IF APPLICABLE, AND/OR DISCONTINUE USING THE SERVICES.
2.12. Copyright and Intellectual Property Policy. bvgrealty.com LLC respects the intellectual property rights of others and expects our users to do the same. It is bvgrealty.com’s policy to terminate, in appropriate circumstances, account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe your copyright or other intellectual property right is being infringed, misappropriated, or otherwise violated by a user of the Services, or you believe such a claim has been unfairly made against your account, please see the bvgrealty.com LLC’ Copyright & Intellectual Property Policy[1] .
2.13. General Terms.
2.13.1. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
2.13.2. Notices. bvgrealty.com LLC is located at NY. You may contact bvgrealty.com LLC by sending correspondence to that address or emailing info@bvgrealty.com.
2.13.3. Amendments to The Agreement. We may update the Agreement, including these Terms, at any time, at our sole discretion. If we do so, we will let you know either by posting the updated Agreement on the Sites or through other communications. It is important that you review the Agreement, including these Terms, whenever we update it or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you do not agree to be bound by the updated Agreement, then, except as otherwise provided in Section 2.13.9, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
2.13.4. No Waiver. Our failure to act with respect to a breach of this Agreement or any term or condition herein by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
2.13.5. Assignment and Delegation. You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment or delegation by you shall be ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, a Company for any third party that assumes our rights and obligations under this Agreement.
2.13.6. Alpha and Beta Testing. The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct (“Testing“). Except to the extent otherwise provided in another agreement between you and bvgrealty.com LLC, your participation in any Testing and use of any data, content, information, or other materials in connection with such Testing shall be subject to this Agreement.
2.13.7. International Matters. bvgrealty.com LLC is controlled and operated from United States offices. We make no representation that the Services are appropriate or available for use in any particular country or location. If you choose to access, view, or use the Services, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable. No Services, including software, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule, regulation, or export or import control.
2.13.8. Governing Law.Except as otherwise provided in Section 2.13.9, you hereby accept and submit to the personal jurisdiction of the applicable courts in accordance with this Section 2.13.8 with respect to any legal actions, suits or proceedings, and waive any jurisdictional or venue defenses otherwise available. The International Sale of Goods Act (British Columbia) and the United Nations Convention on Contracts for the International Sale of Goods, will not apply in any way to this Agreement or to the transactions contemplated by this Agreement.
2.13.8.1. For Users Who Are Residents of the United States.This Agreement, any related matters, and any Claims arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without reference to its conflicts of law principles. The exclusive jurisdiction for all Claims that you and bvgrealty.com LLC is not required to arbitrate will be the state and federal courts of New York.
2.13.9. Dispute Resolution. THIS SECTION 2.13.9 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IS VOID WHERE PROHIBITED BY LAW. This arbitration provision shall survive termination of the Agreement.
2.13.9.1. Informal Negotiations**.** To expedite resolution and reduce the cost of a Claim, you and bvgrealty.com LLC agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your personal home address, if provided by you, with an email copy to the email address you may have provided to bvgrealty.com LLC. If necessary to preserve a Claim under any applicable statute of limitations, you or bvgrealty.com LLC may initiate arbitration while engaging in the informal negotiations.
2.13.9.2. Binding Arbitration and Class Action Waiver**. Subject to Section 2.13.9.3, you and bvgrealty.com LLC agree that any Claim between you and bvgrealty.com LLC will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.** This Section 2.13.9 is governed, in all respects, both procedurally and substantively, by the United States Federal Arbitration Act. You and bvgrealty.com LLC agree that you are each waiving the right to a trial by jury or to participate in a class action.
YOU AND bvgrealty.com LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Claim is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding (the two foregoing sentences shall constitute the “Class Action Waiver“. If this Class Action Waiver is found to be unenforceable, then the entirety of this Section 2.13.9 shall be null and void.
SUBJECT TO THE ABOVE THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS COVERED BY THIS AGREEMENT.
If any other provision of this Section 2.13.9 requiring that Claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular Claim, then that Claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction subject to Section 2.13.8. If that happens, however, the arbitration provisions in this Section 2.13.9 will still be fully enforceable as to all other Claims, which must be resolved in arbitration on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, which the parties will jointly request to be stayed pending the conclusion of arbitration.
2.13.9.3. Exceptions and Opt-Out. Nothing in this Section 2.13.9 precludes any party from filing or participating in administrative proceedings before state, provincial/territorial, or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a Claim in court, the party must do the same before submitting a Claim to arbitration under this Agreement. Upon receipt of a right-to-sue letter or similar administrative determination, however, the Claim can only be resolved in individual arbitration pursuant to the terms of this Agreement.
This Section 2.13.9 also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This Section 2.13.9 further does not prevent any party from filing any Claim that otherwise qualifies in small claims court on an individual basis.
In addition, you will retain the right to opt out of arbitration entirely and litigate any Claim if you provide bvgrealty.com LLC with whom you are entering into this Agreement with written notice of your desire to do soby email at info@bvgrealty.com or by regular mail, within thirty (30) days following the date you first agree to this Agreement.
2.13.9.4. Equitable Remedies**.** Except for individual Claims brought in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or bvgrealty.com LLC, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. To the extent that you or bvgrealty.com LLC prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction, subject to Section 2.13.8 and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.
2.13.9.5. Rules and Logistics Governing Arbitration. The arbitration will be conducted by the AAA under its AAA Rules then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
2.13.9.6. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. bvgrealty.com LLC will pay for all filing, administration and arbitrator fees and expenses if your Claim is for less than $10,000, unless the arbitrator finds your Claim frivolous. If bvgrealty.com LLC prevails in arbitration, bvgrealty.com LLC will pay all of its own attorneys’ fees and costs and will not seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
2.13.9.7. Delivery of Demand for Arbitration.A demand for arbitration must be in writing and delivered by hand or first-class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to bvgrealty.com LLC pursuant to Section 2.13.2. Any demand for arbitration made by bvgrealty.com LLC shall be provided to the last address on file with bvgrealty.com LLC. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
2.13.9.8. Effect of Changes on Arbitration. Notwithstanding Section 2.13.3 above, if we change any of the terms of this Section 2.13.9 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@bvgrealty.com within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and a bvgrealty.com Company in accordance with the terms of this Section 2.13.9 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms)
2.13.10. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
2.13.11. Entire Agreement. You agree that this Agreement constitutes the entire, complete, and exclusive agreement between you and each Company regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or receive certain Services, which are otherwise communicated to you by bvgrealty.com LLC.
1 Realtor.Com and some of the other sites we offer limit their inventory to residential properties only. If listing a commercial property, it typically will not appear on Realtor.Com and some of the other sites. Also, residential properties with 5 or more units are typically classified by MLSs as commercial properties because they appeal to investors. Some MLSs send vacant land and rentals to Realtor.Com and various sites and other MLSs do not. Additionally, some 3rd party sites limit exposure to particular types of property; for example waterfront properties only. We do not have any control over what categories the MLS chooses to omit from its feed or what categories any of the sites (both Realtor.com and all other sites) choose to omit in their display even if they receive it in the feed from MLS, etc. Also, MLSs, Realtor.Com and/or other Syndicators we utilize will occasionally terminate or alter their relationships with sites they feed to. Your listing should be available on all of the sites listed above throughout the course of the listing, however sometimes a send/receive relationship will terminate mid-listing. Also, a send/receive relationship may have been terminated before you sign up. We immediately update the site when we are made aware and can verify that the relationship was terminated but we don’t always get notice and given the hundreds of sites we feed to, we cannot easily monitor all terminations. We encourage our clients to take one of our listings and check the sites he/she wants to be on in advance. Should a syndication cease in the middle of a listing for reasons beyond our control, it shall not be a breach of the services or a misrepresentation of services. Should a syndication no longer be available at time of listing but we were unaware that said syndication was terminated or recently made aware but did not have reasonable time to verify and get the website edited, it shall not be considered a breach of services or misrepresentation of the offering. Also, new syndications and other offerings added to our services after listing may not always be added to existing clients. Requests to add syndications that a new client would get with the same package will be entertained if fiscally reasonable and not too labor intensive. Brokerage shall not be required to re-establish any display that was terminated if an additional expense is involved to re-establish it. ReMax, Prudential, Coldwell Banker and many of the sites listed above pull inventory from an MLS feed called IDX. In some cases they do not publish the entire IDX feed. We will try to investigate irregularities in the feed and/or display but cannot guarantee that third party sites will always correct the problem. Any sites listed are typically registered trademarks of the site holder and we make no represe
