Terms & Conditions of Use
Picket Inc. may update these Terms and Conditions at any time and without notice. The latest version of the Terms and Conditions is available on the Website and Your use of the Website or Services is conditioned upon Your acceptance of the latest version of this Agreement accessible on the Website at the time of Your use.
PLEASE NOTE: WHERE PERMITTED BY APPLICABLE LAW, THIS AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION (SECTION 10). PLEASE READ THESE TERMS CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 10 AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.
- PERMISSIBLE USE OF THE SERVICES
- PERMISSIBLE USERS. In order to use the Services of the Websites, You acknowledge that You are: 1) at least the age of majority in the state where you live to use the Services, and 2) a resident of the United States. If you are under 13 years old, do not use the Services.
- NO RIGHT TO REPRODUCE. Except as expressly stated herein, this Agreement does not provide You a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.
- NO COPYING, DISTRIBUTING OR CREATING DERIVATIVE WORKS. You agree not to copy, distribute, display or create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. You also agree not to remove or modify any copyright or other intellectual property notices that appear in the Services.
- NO SCRUBBING OR SCRAPING. Publicly available search engine providers may crawl or query the Services only for the purpose of creating an index with links to the Services’ web pages to generate web search engine results. All other automated queries of the Services (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) is strictly prohibited, unless You have received prior express written permission from Picket Inc.
- NO OWNERSHIP CLAIMS. You will not assert ownership rights of any kind in any data that you view or obtain through the Services.
- SUBMISSION AND ADMINISTRATION OF SERVICES
- WEBSITE DATA. You understand and agree that all information provided on the Website are estimations, and only to be used as such. This Website Data is based on limited information, and You agree to only use such data as an estimation for all purposes. Individual financial and personal circumstances vary, and as such, by access the Website and the Services, You acknowledge that all products and services, including fees, regulations, and rates may be different from those listed on the Website.
- You may submit personal information, documents, photographs, images, videos, graphics, virtual tours or other supported media or copy and other information to the Companies (collectively, the “Content”) for each transaction You create using the Services. The Companies may also hire third party vendors to produce Content for Your Services.
- PROFESSIONAL ADVICE. You understand and acknowledge that the Companies are not providing professional advice regarding the physical or legal condition of any property. The Companies are also not trained or licensed in tax matters pertaining to the sale or purchase of any property. The Companies advise You to not rely on any agents of the company for a determination regarding the physical or legal condition of the property. The Companies strongly recommend that in connection with any of the Services provided by the Companies, You retain the appropriate professional services for certain advice. The Companies provide You with advice solely pertaining to the Services, but You agree that there is NO ATTORNEY-CLIENT RELATIONSHIP created from this advice.
- You retain any applicable ownership rights that You may have with respect to the Content You Submit, provided, however that You grant the Companies, and any of their affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Content (in whole or part), whether submitted in the past or in the future, and to incorporate such Content into other works in any form, media, or technology now known or later developed. Any and all Content created by the Companies or their affiliates, will be owned by the Companies, provided the exceptions in the following service specific sections of these Terms and Conditions.
- USE AND OWNERSHIP OF TRANSACTION DATA. You agree that any data submitted or processed through the Services will be captured, stored and will become the sole property of the Companies. You hereby grant the Companies an irrevocable license and right to use, reproduce, resell, and otherwise profit from, in any manner now known or later developed, such transaction data captured through the Services. The foregoing notwithstanding, the Companies will not publish, use or resell any personally identifying information.
- UPDATED INFORMATION AND CONTACT DETAILS. You agree to maintain accurate contact information (specifically, but not limited to, a valid phone number and email address) in order to submit and maintain active Services through the Website. You may not use robot, spider or other automated services to submit Content to the Website.
- USER REPRESENTATIONS. You (a) represent and warrant that all information You provide, including submitted Content, will be accurate; and (b) agree to maintain the accuracy of all required information and Content at all times. You agree to indemnify and defend the Companies for any liability arising out of incorrect or falsely advertised content. All Content is the sole responsibility of the User providing the same, and all Users agree that the Companies bear no responsibility for the accuracy, legality or completeness thereof.
- PROTECTION OF CONTENT AND INFORMATION. The Companies will make reasonable efforts to backup data and maintain Content submitted or displayed on the Website, but You will be solely responsible for retaining back-up copies of all information, photographs and other materials submitted to the Companies. The Companies may add digital watermarks to certain Content that You submit; the Companies adds these digital watermarks to protect against the copying or further distribution of Your Content without Your permission.
- USER REGISTRATION AND COMMUNICATION
- REGISTRATION AND LOGIN. The Companies require that each registered user to maintain a valid email address and a password, which shall be utilized for access to the Services. You may not share Your individual login information with others. In order to use the Services, You agree that any other individual, group or entity required to sign documents with you (“Co-signer”) will also maintain a different valid email address and a password. You agree to provide a valid email address for a Co-signer if asked by the Companies, that is different from the email provided by You at registration. The Companies have the right to refuse service to any individual, group or entity that refuses to abide by these Terms and Conditions.
- EMAIL AND TEXT PERMISSIONS. The Companies use email and text as their primary communication channel with Users. As a registered user, You hereby acknowledge and grant the Companies permission to communicate with You via email (as well as other communication channels such as phone and text) for any purposes the Companies determine to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. You represent that You are the account holder of the mobile telephone line associated with your registration, or that you have the account holder’s permission to receive communications from the Companies. You consent to receive text messages from the Companies and understand that additional text message charges may apply depending on your mobile phone plan and that the Companies have no liability for such charges.
- SHARING OF COMMUNICATION INFORMATION. The Companies will not sell your email address, phone number or other contact information to third parties. However, the Companies may transfer such information to third parties when you request information or services from such third parties through the Website or the Services. You expressly give the Companies permission to provide its third-party service provider partners all contact and Property information you provide the Companies following your positive indication of interest in information, goods or services provided by such third party. You give your expressed consent, by using the Services, that the Companies may share your email address, phone number or other contact information between the Companies.
- COMMUNICATIONS DISCLAIMERS. The Companies will have no liability for sending any email or text message to its registered users, regardless of content. You acknowledge and agree that the Companies may record telephone and other electronic communications it has with You for internal business purposes, including but not limited to training and quality assurance purposes.
- You are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under Your account, login or password. The Companies are not responsible for any loss or damage arising from Your failure to maintain the confidentiality of Your account, login information or password.
- BONA FIDE USE AND PENALTIES. You may only use the Website, Apps and Services for bona fide purposes. You may not submit false information, fake or inauthentic tour requests, offers or inquiries, or use the Website to disparage the Companies, or, in connection with producing inauthentic reviews, posts or other negative and public-facing content, regardless of where posted. You may not impersonate other people or use fake, newly created or duplicate (Facebook or Gmail accounts) or other inauthentic accounts or credentials to access the Website, Apps or Services. You may not create more than one account with the Companies and Your account may only reflect Your accurate and authentic identity information. You may not advertise Properties that You do not own or manage, or Properties that do not exist. You may not use the Apps, Website or Services to test or investigate the Companies, the Website or the Services. You agree that any use of the Website, Apps or Services in a way that is prohibited by this Agreement would result in real damages to the Companies, the monetary value of which would be difficult to calculate. Consequently, you agree that each instance of non-bona fide use, or use prohibited by this Agreement will result in liquidated damages of $1,000 to the Companies. You agree to immediately pay such liquidated damages to the Companies upon demand and cooperate with the Companies to determine the identity of the User and nature of such non-bona fide use. You further agree to pay any legal or other fees or costs of litigation and collection for any liquidated damages You incur. Any other provisions of these Terms & Conditions notwithstanding, the Companies are not required to arbitrate any claims seeking liquidated damages for violations of the requirements set forth in this Section 3(f), and You may not require or seek arbitration relating to such claims. In connection with liquidated damages demands and claims for violations of this Section 3(f), the Companies may seek payment and redress in any appropriate venue including all appropriate courts and administrative bodies. If You fail to pay liquidated damages to the Companies upon demand, you agree that the Companies can, and You will hold the Companies harmless for, reporting the non-payment of liquidated damages to appropriate bodies such as employers, banks, credit reporting bodies, licensing organizations, etc. Solely with respect to the enforcement of the rights and penalties located in this Section 3(f), You authorize, constitute and appoint Picket Inc.’s Chief Legal Officer or any attorney designated by Picket Inc., as Your true and lawful attorney-in-fact to appear for You and to confess judgment against You in favor of the Companies for the full amount of the liquidated damages, plus court costs and attorneys’ fees equal to 25% of the amount due, all without providing You prior notice or opportunity for prior hearing, without stay of execution or right of appeal, and expressly waiving the benefit of all exemption laws, appeals, stay of execution or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment, and any irregularity or error in entering any such judgment. No single exercise of the power to confess judgment granted in this Section shall exhaust the power, regardless of whether such exercise is ruled invalid, void, or voidable by any court. The power to confess judgment granted in this Section may be exercised from time to time and as often as the Companies may elect.
- USE OF INFORMATION
- You agree to treat all information obtained from the Services, including, but not limited to, historical transaction information, analytical market data, quoted rates, loan information, title reports (collectively, the “Reports”), and any information otherwise made available through the Services as the Companies’ sole property, or the sole property of third party providers, as applicable, and You may not resell or otherwise use such Reports other than pursuant to the terms of this Agreement. You agree to maintain as confidential and a trade secret of the Companies all information provided to You through the Services. The Companies do not guarantee the accuracy of, endorse or recommend any information, including the Reports, provided through the Services and You agree to use such information at Your own risk. The Reports and other similar information, tutorials, and advice provided through the Services ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY OR THROUGH THE COMPANIES, YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL.
- You may only use the Reports and other information provided by the Companies for personal and internal use and may not use any such information or Reports for further distribution, publication, public display, or preparation of derivative works, or to facilitate any of these activities in any way. You may not use the Services to compete with the Companies in any way. You may not copy the Companies’ products, services or information; decompile, decode or reverse engineer the Companies’ software; or use the Companies’ products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory fraudulent or other illegal purposes, and You agree to indemnify and defend the Companies if you use or attempt to use the Companies’ products, services or the Website in any such manner.
- UNSOLICITED COMMERCIAL EMAIL (SPAM). The Services may not be used to generate or send unsolicited commercial email (spam) or unsolicited calls or texts. You agree to send email, call and text only to those who have given You consent, or with whom You have an established business relationship. The Companies may revoke Your ability to send email through the Services if You violate these terms.
- OWNERSHIP AND LICENSE GRANT
- The Companies retain all rights including intellectual property rights, title and interest in the Website, Apps, other technology of the Companies, email databases and all underlying technology and data, including any enhancements and improvements thereto as a result of providing the Services hereunder. You may not, and will not allow others to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of the Companies’ technology or delete or alter author attributes or copyright notices. You are permitted to use the Services solely for Your own use and may not allow others to use the Services through Your login ID/email and password. You may not use the Website or Services on behalf of any other person or in a service bureau capacity.
- LICENSE TO USE CONTENT. For all Content You post or otherwise provide to the Companies in connection with the Services, You: i) grant the Companies a perpetual, irrevocable, unlimited, non-exclusive, royalty-free, worldwide license to (a) use, copy, distribute, display, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Content, in connection with the Services or in any other media, and (b) sublicense these rights, and ii) waive all moral rights in and to all Content You post or otherwise provide to the Companies, all to the maximum extent permitted by applicable law. The Companies will not pay You for Your Content or to exercise any rights related to Your Content set forth in the preceding sentence. For all Content, You agree to provide accurate and complete information and represent that You have all rights necessary to grant the Companies the rights in this paragraph, that the Companies use of the Content will not infringe any third-party rights and that the Content complies with these Terms and Conditions. Without limiting the foregoing, You agree that the Companies may promote and market Your Content. You are solely responsible for all Content made through Your account on the Services or that You otherwise make available through the Services.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
- LIMITATION OF LIABILITY. THE COMPANIES ARE NOT LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY ANY USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SERVICES. Your exclusive remedy, and the Companies’ entire liability under this Agreement shall be a refund of fees paid to the Companies hereunder. In no event will the Companies’ liability for any reason exceed the amount of fees You have actually paid to the Companies. If you have not paid the Companies any fees, the Companies’ maximum liability for any loss or liability of any kind or nature, regardless of the theory of liability, will not exceed the total of the fees to be collected by the Companies at the end of the Services. The Companies (and their officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Your use of the Apps, Website or Services.
- You agree to indemnify the Companies (and their officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than You arising from Your use or application of the Website, App or Services. Further You agree not to bring suit, file a complaint or cooperate in any action claiming the Companies acted on Your behalf, represented You in connection with any activity related to real estate, mortgage services, settlement services or closing services, or conducted any other activity that would be in violation of applicable real estate laws or regulations.
- WARRANTY DISCLAIMERS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANIES DO NOT REPRESENT OR WARRANT THE ACCURACY, OPERATION, EFFECTIVENESS, CURRENCY, OR VIABILITY OF THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES. WITH RESPECT TO CONTENT, THE COMPANIES DO NOT VERIFY, AND DISCLAIM ALL WARRANTIES AS TO ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. THE COMPANIES SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS. THE COMPANIES DO NOT WARRANT THE SERVICES OR GUARANTEE ANY RESULTS. THE WEBSITES AND SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE OR LOSS CAUSED BY THE SAME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANIES, THEIR EMPLOYEES OR THEIR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
- LINKS TO THIRD PARTY SITES. The Websites and Apps may contain hyperlinks to other websites operated by parties other than the Companies. Such sites are beyond the Companies’ control. Third parties may provide services or sell product lines on the Websites or through the Apps that take You outside of the Services. The Companies do not control, are not responsible for examining or evaluating, and do not warrant the offerings of any third party. The Companies do not assume any liability for the actions, products, and content of these and any other third parties. The Companies make no representations and are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites.
- GOVERNING LAW; ARBITRATION
- THIS SECTION 10 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IS VOID WHERE PROHIBITED BY LAW.
- INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim arising between You and the Companies (each a “Claim” and collectively “Claims”), You and the Companies 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, with an email copy to the email address You have provided to the Companies. Notice of the Claim must follow terms of Section 13 below. If necessary, to preserve a Claim under any applicable statute of limitations, You or the Companies may initiate arbitration while engaging in the informal negotiations.
- This Agreement—except as provided in Section 3(f)—and the Services provided by the Companies, shall be governed by the laws of the State of Montana, without reference to conflict of laws principles. Any dispute related to this Agreement shall be submitted to binding arbitration in Billings, Montana. Notice of any claim requiring arbitration shall be submitted to the American Arbitration Association and one arbitrator shall be chosen in accordance with AAA’s standard procedures. The parties agree that for any matter requiring judicial intervention jurisdiction and venue will be the State and Federal courts of Billings, Montana. All claims or causes of action related to this Agreement or the Services must be brought within one year of such the initial event that gave rise to such claim or cause of action, or the same will be barred, cannot be brought or enforced against the Companies and of no further force and effect.
- This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign, sublicense or otherwise transfer this Agreement or the rights hereunder without the prior written consent from Picket Inc.
- WAIVER, SEVERABILITY AND SURVIVAL. The failure of the Companies to exercise or enforce a legal right or remedy contained in this Agreement does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of this Agreement is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees to continue to abide by such provision and that the remaining terms and provisions will remain in full force and effect. The following sections of this Agreement will survive the Termination of the Agreement and Your discontinuance of use of the Websites and Services: 1, 2(d), 3(b), 3(e),4, 7, 8, 10, 12, 17, 25, 27, 32, 33, 37.
- All notices to Picket must be in writing and must be sent via registered mail, certified mail, or overnight mail with a return receipt requested to Chief Legal Officer at Picket Inc.
- AFFILIATED BUSINESSES. You acknowledge and understand the Companies have affiliated businesses that may be part of Your transaction, either that You choose to use or the other party in Your transaction chooses to use. You further acknowledge that You are not obligated to use any of the Companies’ affiliated businesses for any part of Your transaction and You understand that you may use any unaffiliated business. You agree that you will hold the Companies, and any affiliated business, harmless for all reasons, as agreed to above in Section 7 and 8.
- COUNTERPARTS AND FACSIMILES. You agree that any electronic transmission of a signed copy of transaction data shall be the same as delivery of an original. You further agree that any transaction may be in counterparts, each of which is deemed an original, but all of which together constitute one and the same agreement. These documents may be delivered by facsimile transmission, and facsimile copies of executed signature pages shall be binding as originals.
- ENTIRE AGREEMENT. This Agreement, with the relevant specific provisions for Services used, constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. No representative of the Companies may make oral modifications or amendments to this Agreement. Only written modifications signed by an executive of Picket Inc. will be valid.
Real Estate Provisions
Notwithstanding the aforementioned Terms and Conditions, the following sections—section 17 to section 26—apply in addition to the specific Services provided by Picket:
- LIMITED AGENCY OR REPRESENTATION. You understand and agree that while Picket is a licensed real brokerage and employs real estate agents neither Picket nor its agents represent you for any real estate transaction until you sign either a Listing Agreement and Agency Disclosure (the “Listing Agreement) or a Buyer Broker Agreement (the “Buyer Agreement”). You further agree that, if both You and the other party involved in the same real estate transaction are Picket customers, Picket may provide services to both parties involved in the transaction. You understand, by using the Website and the Services, that you are entitled to be represented by a separate agent. A limited agent must remain neutral in the representation of a seller and buyer and may not disclose to either party information likely to weaken the bargaining position of the other. Material facts concerning a defect in the property or a client’s ability to perform on the contract do not fall within the scope of such confidentiality. You agree that Picket is not liable for unknown material facts about the property and that unknown material facts cannot, under any circumstances, be disclosed by Picket. You further agree that You waive the right to, in the event that both buyer and seller are Picket customers, undivided loyalty, absolute confidentiality, and full disclosure from Picket, or the Services provided by Picket. You further agree that Picket has no liability to You or any third party in connection with the purchase or sale of Your parcel of residential real estate (Your “Property”). Picket provides software tools for home buyers and sellers that desire to buy or sell residential real estate. You understand and agree that all Services are intended to simplify the home buying or selling process, but that the Services do not and cannot offer advice, direction, or definitive answers to questions that You may encounter during the home buying or home selling process. All information, data, statistics, comparable sales, home value reports, tips, tricks and responses to frequently asked questions are provided for information purposes only and do not constitute advice or direction for Your transaction. Only You can decide, and You are fully responsible for, how such materials and information are used. Picket employs licensed real estate agents that will assist in real estate transactions. Such agents may provide drafting suggestions, explanations of typical outcomes, suggested process actions and digital signature capabilities in connection with your use of the Services. You alone are responsible for reading and understanding your Purchase Contract and the transaction and process outlined therein. If You do not understand any portion of the contract, the process or transaction, You must reach out to Picket for clarification. Picket cannot and does not make any decisions for You and it is Your responsibility to verify all contract drafts and actions that You take are accurate and in Your best interest before signing any contracts or completing any transactions. You agree that all forms, purchase agreements, disclosure statements, and other documents transmitted by or through the Services, even if prepared using any of the Services, are drafted by You, and by signing any such documents, You expressly acknowledge and agree that You alone are responsible for the content thereof. You are solely responsible for complying with the terms and conditions contained in any such contract, including meeting any deadlines, and You alone are responsible for the consequences of any breach or nonperformance under any such contracts. By physically or electronically signing any such documents produced or transmitted through the Services, You expressly represent and warrant that You have read and that You understood all provisions contained therein. Further, by signing any documents produced or transmitted by or through the Services, You expressly release Picket from any liability (i) in connection with the content, legality and enforceability of such documents, (ii) related to the subject matter thereof, or, (iii) arising out of the transactions contemplated therein. Before executing any document by or through the Services, Picket recommends that You contact an independent real estate attorney to answer any legal or contract related questions. Picket expressly disclaims any liability for, and You further agree to indemnify Picket in connection with, any dispute arising out of or related to Your use of the Services and the content of, and Your compliance or non-compliance with, any contract produced or transmitted by or through the Services. In order to use any buyer services provided by Picket, You agree and understand that You must sign a buyer-broker agreement. Without signing buyer-broker agreement, Picket cannot assist You with purchasing a property. In order to use any seller services provided by Picket, You agree and understand that You must sign a listing agreement. Without signing a listing agreement, Picket cannot assist You with the sale of Your property. All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by Picket or the MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.
- PROFESSIONAL ADVICE. User understands and acknowledges that Picket is not trained or licensed to provide professional advice regarding the physical or legal condition of any property. Picket is also not trained or licensed in tax matters pertaining with the sale or purchase of any property. Picket advises buyers and sellers to not rely on any agents of the company for a determination regarding the physical or legal condition of the property. Picket strongly recommends that in connection with any offer to acquire any property or contract to sell any property, User retain the appropriate professional services for certain advice. Picket provides User with legal advice solely pertaining to the Real Estate Purchase Contract, but User agrees that there is NO ATTORNEY-CLIENT RELATIONSHIP created from this legal advice.
- In addition to the aforementioned provisions, You represent and warrant that (i) You own or have the legal power to advertise the subject Property for sale, (ii) You own or have the full right, power and authority to grant Picket the right to use and display all such Content (iii) Your license of such Content to Picket hereunder does not, and the use or license of such Content by Picket to third parties will not, infringe any right or interest owned or possessed by any third party; and (iv) You are not subject to any claims, settlements, judgments, or pending claims or litigation, relating to such Content.
- USE OF CONTENT. Picket may preserve, use and disclose any submitted Content in its sole discretion (including without limitation within other products offered by Picket and its affiliates). You may not submit any Content unless You have all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner to publish such Content on the Website. Picket, in its sole discretion, may terminate the accounts of, and refuse service to, any User that violates this Agreement. Additionally, You agree to allow submitted property advertisements and Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Services and other Picket partners or affiliate websites. Picket has the sole authority to choose the manner in which any property advertisement will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Website or in other advertisements. Picket has the right to modify Your property advertisement without notice in the exercise of its rights under this Agreement. You agree and authorize Picket to make any changes to such Content for any Fair Housing Act violations. The Fair Housing Act provides that it is illegal to advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap.
- USE AND OWENRSHIP OF TRANSACTION DATA. The foregoing notwithstanding, Picket specifically reserves the right to retain, publish, use and sell all property details (such as square footage, number of bedrooms, including address, together with listing and sale prices) associated with Your Property.
- PICKET BUYER REBATE. Estimated Picket Buyer Rebate amount not guaranteed. Picket Buyer Rebate amount may vary according to purchase price, Buyer’s agent commission being offered, and other factors.
- RESPONSIBILITY FOR PROTECTION OF PROPERTY AND SELF. Picket provides communication tools that allow Users to interact with each other and schedule in-person tours of Properties advertised on Picket. Picket also provides real estate agents (“Tour Agents”) to assist with the viewing of non-Picket listed properties. Picket does not background check or verify the authenticity of its Users, its Tours Agents, or any their accounts. You alone are responsible for Your safety and the protection of Your Property when interacting with other Users and the Tour Agents. You agree to hold Picket harmless (i) from any damage or injury to life or property occurring in connection with Your use of the Services as they relate to the scheduling and conducting of property tours (ii) in connection with Picket’s assistance in providing access to, and information about, Your home and (iii) from any liability resulting from the actions of Users or third parties resulting from or related to Picket’s communication, home tour and home access tools and Services.
- PAYMENT TERMS
- PAYMENT TERMS. You agree to pay for all Services ordered through the Website, Apps or third-party websites (partners, advertisers, etc.) using the payment method indicated, and provide Picket express authorization to charge said fees to You through the payment provider connected to such payment method at the time of purchase. You agree to pay any attorney fees, court costs, or other costs incurred in collection of delinquent amounts. If payment is not current, Picket may immediately cease to provide any and all paid Services and remove any and all advertisements You have posted. The fees charged do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Services. At Picket’s option, User is required to pay such taxes or fees directly or pay to Picket any such taxes or fees immediately upon receiving an invoice from Picket. Picket is required to collect sales tax on purchases in select states. All setup fees are due and payable in advance of posting Your Property advertisement. The settlement fee, as defined in the buyer-broker agreement or listing agreement, is due and payable upon closing. If such contract falls through, the settlement fee shall not be charged.
- You may cancel Your advertisement in accordance with Your signed listing agreement. If there has been no activity or response from You regarding an advertised Property for a period of more than Six months, Picket reserves the right to remove such Property advertisement in its sole discretion. It is Your sole responsibility to cancel Your advertisement when your transaction is complete, and You agree to alert Picket after your transaction is complete. Picket will remove any Property advertisements for accounts where timely payment has not been made or has been revoked. Picket may also cancel its Services with you in its sole discretion, though may provide a refund if you do not agree to the cancellation of the Services. If Picket cancels its Services with you, Picket will automatically remove all advertisements for the Property.
- BILLING ISSUES. You must notify Picket about any billing problems or discrepancies within 90 days after charges first appear on Your account statement. You agree to waive Your right to dispute any problems or charges if not brought to Picket’s attention within 90 days of the occurrence of such problems or charges.