Updated April 2019
All data and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site are the intellectual property of BEX Realty, its licensors and its suppliers. The data is protected by copyright and other intellectual laws and all ownership rights remain with BEX Realty, its licensors or its suppliers, as the case may be.
You may only use the data retrieved from our Site for your own personal, non-commercial purposes. Any other use, including the copying, distribution or redistribution of the data by caching, framing or similar means, or selling, reselling, re-transmitting or otherwise making the data retrieved from our services available in any manner to any third party is strictly prohibited.
If you breach this agreement by using any data or material from this Site for any use other than for your own personal, non-commercial purpose, you acknowledge that you will have caused substantial harm to BEX Realty, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BEX Realty $1000 for each such instance in which using information from two real estate listings constitutes two such instances, using information from three real estate listing constitutes three instances, and so forth.
BEX Realty and the "BEX" design mark are the trademarks of BEX Realty. All other brands and names on the Site are the property of their respective owners.
4. Accuracy of Information
While we make reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to the accuracy of any information appearing on the Site. All information regarding properties has been provided directly by the sellers or their agents with their prior consent. We assume no liability or responsibility for any errors or omissions in the content of the Site.
5. Conditions and Prohibitions
Additionally, you are specifically prohibited from using this Site or permitting or allowing others to use this Site to perform any action that (i) imposes an unreasonably large load on this Site's infrastructure, including but not limited to, "spam" or other unsolicited mass emails, (ii) disclose or share any registration information with any unauthorized third parties, (iii) attempt to decipher, decompile, or reverse engineer any part of this Site, (iv) upload, post, email, or otherwise transmit to or from this Site information or content that you do not have a right to transmit under any state, federal, or foreign law, regulation, contract, or fiduciary relationship, (v) violate any applicable state, federal, or foreign law or regulation, (vi) use any robot, spider, intelligent agent, or other automatic device other than a web browser to search monitor or copy and pages or information on this site without our express written permission.
6. Registration, Accounts and Passwords
7. Links to Other Websites
9. Submitting Information to BEX Realty
THE DATA, INFORMATION, SERVICES, PRODUCTS FOR SALE/REDEMPTION AND MATERIALS CONTAINED IN AND/OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
BEX REALTY, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE. BEX REALTY, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEX REALTY, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF BEX REALTY, ITS AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS .
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BEX, ITS AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Limitation of Liability
IN NO EVENT WILL BEX REALTY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE).
BEX REALTY RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BEX REALTY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BEX, ITS AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
13. Choice of Law and Forum
14. Phone and Electronic Messaging Consents
By registering on the BEX Realty Website you agree that you are providing an electronic signature and express written consent to be contacted by BEX Realty, LLC and its agents (together, “BEX Realty”) at any of the telephone number(s) provided using an automatic telephone dialing system or an artificial or prerecorded voice or via text/SMS message, even if any of the telephone number(s) is assigned to a cellular or mobile telephone service or other service for which the called party is charged. You also expressly agree that BEX Realty may contact you at any of the telephone number(s) provided even if you have registered such number(s) on a federal, state or corporate “do not call” registry or have requested to be placed on an internal “do not call” list. BEX Realty may also contact you via email using any email address you have provided. You are not required to provide this consent as a condition of purchasing or receiving any property, goods or services from BEX Realty. As an alternative, you may call BEX Realty directly at 1-800-700-9806 to complete your request.
15. Entire Agreement