GET MOVIN REALTY SITE TERMS OF USE AGREEMENT

Get Movin Realty, LLC, a Michigan limited liability company, (“hereinafter “Get Movin Realty”) offers you (“you” or “User”) access to this website (the “Get Movin Realty Site”) based upon the terms contained in this Terms of Use Agreement (the “Agreement”). By using the Get Movin Realty Site, or by clicking the “I Accept” button below, you and your agent or agents agree and accept to be bound by the terms contained in this Agreement. 

1. Registration: You may browse the GetMovin.com Site for free and without registering. In order to use the GetMovin.com listing site, you must follow the registration procedure. When you register at the Get Movin Realty Site, you must choose a username and password and set up your own account. You are responsible for the safekeeping and confidentiality of your username and password and are not to disclose any username or password to a third party, or to use the username or password of any other user. You are responsible for all activity that occurs under your Get Movin Realty account. In the event your account is breached or accessed by someone other than you, you must contact Get Movin Realty immediately. Registration is not available to those who cannot form a legal contract, minors under 18 years of age, or to those whose account has been temporarily or permanently suspended. If you are not legally competent to enter into a binding contract, you must not use or visit the Get Movin Realty Site. Get Movin Realty reserves the right to cancel the account of any User that violates this Agreement. Get Movin Realty reserves the right to refuse registration or access to its site, to anyone, at any time, in its sole discretion.
2. User Representations and Restrictions: Each User is responsible for the content that they post or upload to the Get Movin Realty Site. You represent and warrant that when using the Get Movin Realty Site:

• you shall abide by all applicable federal, state, and local laws and ordinances;
• you are responsible for and will pay any fees owed to Get Movin Realty and will not circumvent or manipulate our fee structure or billing process;
• you own or have a license for any information uploaded by you on the Get Movin Realty Site;
• you and your agents and representatives agree to allow Get Movin Realty to make all offers public to any buyers who have submitted offers or have your offer made visible to other buyers who have submitted offers;
• you will not post or display any offensive language, content, or material on the Get Movin Realty Site.

3. Risks of Transaction: The Get Movin Realty Site provides a venue where Sellers may list their real estate for sale, and potential purchasers may make offers for purchase of that real estate. Users assume all risks involved in every transaction. Get Movin Realty does not control or guarantee the quality, authenticity, or legality of any listing or information provided on this Site. Further, Get Movin Realty does not control the truth or accuracy of any listings, or that every transaction will be completed. Each user of this Site, whether as a seller or purchaser, or the agents of sellers or purchasers, assume all risks involved in using this Site.
4. Right to Terminate Purchase: If, for any reason, Get Movin Realty is unable to complete the sale of any purchase to a buyer or provide such purchase free and clear of any liens, Get Movin Realty may terminate the purchase, in which case Get Movin Realty’s only liability shall be the return of any monies actually paid by buyer.
5. Changes: Non-material changes in this Agreement may be made by Get Movin Realty at any time. Get Movin Realty will notify Users in advance of any material changes to this Agreement and will require that you accept any changes in writing. Your access to and use of the Get Movin Realty Site after the effective date of amended terms means you have accepted any new terms and conditions. This Agreement cannot be otherwise amended.
6. Privacy: By using this Site and providing any data, you consent to the collection and use of such data in accordance with our Privacy Policy. In addition, Get Movin Realty expressly reserves the right to use all data generated in connection with this Site in any manner that is consistent with our Privacy Policy, as it is amended from time to time. Get Movin Realty’s privacy policy is incorporated here by reference.
7. Links: If you use links to third party sites, you will leave the Get Movin Realty Site. Get Movin Realty does not control linked sites nor is it responsible for the content of any third party linked site, or of any other links contained in such third party site. Get Movin Realty provides links to you solely for your convenience, and the inclusion of any link is not an endorsement by Get Movin Realty of the site or its contents. Get Movin Realty expressly disclaims any responsibility and all liability for any other party’s linking to this site or in which any part of this site has been hyperlinked.
8. Warranties: GET MOVIN REALTY AND THEIR AFFILIATES EXPRESSLY WAIVE ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, INTEGRATION, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE.

GET MOVIN REALTY PROVIDES ITS SERVICES AS WELL AS ANY THIRD PARTY SERVICES TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY. GET MOVIN REALTY MAKES NO REPRESENTATION AS TO THE COMPLETENESS AND ACCURACY OF THE INFORMATION CONTAINED IN THIS SITE. 

9. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT GET MOVIN REALTY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE. THIS LIMITATION OF LIABILITY APPLIES TO INFORMATION CONTAINED IN THE SITE OR ANY LINKED THIRD PARTY SITES. GET MOVIN REALTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND OR NATURE.
10. Indemnification: You agree to indemnify, release and hold harmless Get Movin Realty and its respective officers, directors, shareholders, members, employees, agents, heirs, successors in interest, representatives, subsidiaries, affiliates, licensors, and content providers from and against any and all liabilities, losses, damages, and claims. Indemnification includes payment for expenses incurred and actual legal fees that may be incurred or suffered by Get Movin Realty arising out of any type of claim or action with regard to this Agreement or your use of the Get Movin Realty Site.
11. Release: You hereby release Get Movin Realty and its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, damages (including direct and consequential) of every kind and nature, known or unknown, disclosed and undisclosed, arising out of or connected with your use of the Get Movin Realty Site. If you are a California resident, you waive California Civil Code Section 1542.
12. Termination: Get Movin Realty may immediately terminate this Agreement if (a) you breach this Agreement; (b) Get Movin Realty terminates or suspends its business, (c) Get Movin Realty becomes subject to bankruptcy or insolvency proceeding under Federal or state statute; (d) Get Movin Realty becomes insolvent or subject to direct control by a trustee, receiver or similar authority; (e) Get Movin Realty has wound up or liquidated; voluntarily or otherwise; or (f) you are involved in conduct that Get Movin Realty reasonably believes is likely to damage Get Movin Realty’s properties or goodwill.
13. General.

• The Terms and Conditions of this Agreement shall become part and parcel of the Exclusive Seller Limited-Service Listing Agreement if any such agreement is signed between the parties.
• If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
• Get Movin Realty will not be liable in any amount to you should its Agreement performance be prevented, restricted, or interfered with by circumstances or events beyond its reasonable control.
• This Agreement will be governed by the laws of the State of Michigan. Further, if any litigation of any kind is commenced by Get Movin Realty against you, or you commence litigation against Get Movin Realty, the parties agree that any such action will be filed in the Circuit or District Courts found in Kent County, Michigan. Further, User agrees to waive any right to a jury trial as part of using this Agreement.
• Get Movin Realty may assign this Agreement.

14. Recommendation to Seek Professional Advice: Get Movin Realty recommends that you consult with appropriate professionals in the state where the property is located before buying or selling real estate. You alone are responsible for understanding the meaning and effect of terms of any contract you sign. The information on this website is not a substitute for professional advice and legal representation.

Get Movin Realty has no fiduciary relationship to you and makes no warranties, guarantees or promises that any purchase agreement or contract you sign complies with state laws where the property is located or is enforceable in a court of law, or will accomplish your intentions. Get Movin Realty recommends that prior to purchasing any real estate that you obtain a policy of title insurance that provides independent evidence of the state of the title to property you plan to purchase. If you are selling your real estate, Get Movin Realty recommends that prior to entering into a contract to sell your real estate, you have a good understanding of how the potential buyer plans to pay for your property. Get Movin Realty also recommends appropriate inspections and other due diligence when buying or selling real estate.

15. Real Estate Disclosures.

• You acknowledge and agree that all offers to purchase real estate made through this website will be visible to other individuals who are making a valid offer on your property. All offers are made available to Get Movin Realty, its staff and agents. You acknowledge and agree that by making an offer on this website, your offer will be disclosed to others making a valid offer on the same property.
• By listing real estate for sale on this website, you agree to only accept offers that are made through this website.
• If you close on the sale of real estate listed on this website, immediately upon closing you agree to report to Get Movin Realty all information Get Movin Realty determines to be pertinent, including but not limited to the date of closing and the sale price.
• If you list real estate for sale on this website, you agree to comply with all legal disclosure requirements whether such requirements are the result of applicable state or federal statutes, or local ordinances.
• By using this website, you understand that Get Movin Realty cannot guarantee that any seller has met its legal disclosure requirements even through Get Movin Realty requires all sellers to do so.
• If you are buying property or plan to buy property listed for sale on this website, you acknowledge that Get Movin Realty makes no representations regarding the property including but not limited to issues pertaining to zoning, use, taxes, title, and the condition of the property.

16. Submissions by Real Estate Agents and Brokers. If you are using an agent or broker, your agent or broker is required to submit any offer for the purchase of any property through the Get Movin Realty website. Agents and brokers are not allowed to submit an offer directly to Get Movin Realty, but are required to submit offers by completing the information on our website.