Terms of Use

Terms and Conditions 

Agreement between User and ceruleanrealty.com 

Welcome to ceruleanrealty.com. The ceruleanrealty.com website (the “Site”) is comprised of various web pages operated by Cerulean Realty (“Cerulean Realty”).  ceruleanrealty.com is offered to you conditioned on your acceptance without modification of  the terms, conditions, and notices contained herein (the “Terms”). Your use of  ceruleanrealty.com constitutes your agreement to all such Terms. Please read these terms  carefully, and keep a copy of them for your reference.  

Ceruleanrealty.com is a Brokerage and IDX Site.  

The purpose of this website is to allow users and its member to search real estate listings for the  purpose of buying, selling, or leasing real estate. To feature brokerage office listings, feature  agents, and integrate IDX from the MLS (NTREIS) through third party vendor (Realtyna) to  display real estate listings. The purpose is also to capture and convert leads for the purpose of  brokerage activities in real estate.  

Privacy 

Your use of ceruleanrealty.com is subject to Cerulean Realty’s Privacy Policy. Please review  our Privacy Policy, which also governs the Site and informs users of our data collection practices.    

Electronic Communications 

Visiting ceruleanrealty.com or sending emails to Cerulean Realty constitutes electronic  communications. You consent to receive electronic communications and you agree that all  agreements, notices, disclosures and other communications that we provide to you electronically,  via email and on the Site, satisfy any legal requirement that such communications be in writing.    

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and  password and for restricting access to your computer, and you agree to accept responsibility for  all activities that occur under your account or password. You may not assign or otherwise transfer  your account to any other person or entity. You acknowledge that Cerulean Realty is not  responsible for third party access to your account that results from theft or misappropriation of  your account. Cerulean Realty and its associates reserve the right to refuse or cancel service,  terminate accounts, or remove or edit content in our sole discretion.  

Children Under Thirteen 

Cerulean Realty does not knowingly collect, either online or offline, personal information from  persons under the age of thirteen. If you are under 18, you may use ceruleanrealty.com only with permission of a parent or guardian.  

Links to Third Party Sites/Third Party Services 

Ceruleanrealty.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Cerulean Realty and Cerulean Realty is not responsible for the  contents of any Linked Site, including without limitation any link contained in a Linked Site, or any  changes or updates to a Linked Site. Cerulean Realty is providing these links to you only as a  convenience, and the inclusion of any link does not imply endorsement by Cerulean Realty of the  site or any association with its operators.  

Certain services made available via ceruleanrealty.com are delivered by third party sites and  organizations. By using any product, service or functionality originating from the  ceruleanrealty.com domain, you hereby acknowledge and consent that Cerulean Realty may  share such information and data with any third party with whom Cerulean Realty has a contractual  relationship to provide the requested product, service or functionality on behalf of ceruleanrealty.com users and customers.  

No Unlawful or Prohibited Use/Intellectual Property  

You are granted a nonexclusive, nontransferable, revocable license to access and use  ceruleanrealty.com strictly in accordance with these terms of use. As a condition of your use  of the Site, you warrant to Cerulean Realty that you will not use the Site for any purpose that is  unlawful or prohibited by these Terms. You may not use the Site in any manner which could  damage, disable, overburden, or impair the Site or interfere with any other party’s use and  enjoyment of the Site. You may not obtain or attempt to obtain any materials or information  through any means not intentionally made available or provided for through the Site.    

All content included as part of the Service, such as text, graphics, logos, images, as well as the  compilation thereof, and any software used on the Site, is the property of Cerulean Realty or its  suppliers and protected by copyright and other laws that protect intellectual property and  proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,  legends or other restrictions contained in any such content and will not make any changes thereto.    

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create  derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  Cerulean Realty content is not for resale. Your use of the Site does not entitle you to make any  unauthorized use of any protected content, and in particular you will not delete or alter any  proprietary rights or attribution notices in any content. You will use protected content solely for  your personal use, and will make no other use of the content without the express written  permission of Cerulean Realty and the copyright owner. You agree that you do not acquire any  ownership rights in any protected content. We do not grant you any licenses, express or implied,  to the intellectual property of Cerulean Realty or our licensors except as expressly authorized by these Terms.  

Third Party Accounts 

You will be able to connect your Cerulean Realty account to third party accounts. By connecting  your Cerulean Realty account to your third party account, you acknowledge and agree that you  are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be  shared in this manner, do not use this feature.  

International Users 

The Service is controlled, operated and administered by Cerulean Realty from our offices within  the USA. If you access the Service from a location outside the USA, you are responsible for  compliance with all local laws. You agree that you will not use the Cerulean Realty Content  accessed through ceruleanrealty.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.  

Indemnification 

You agree to indemnify, defend and hold harmless Cerulean Realty, its officers, directors,  employees, agents and third parties, for any losses, costs, liabilities and expenses (including  reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or  services, any user postings made by you, your violation of any terms of this Agreement or your  violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Cerulean Realty reserves the right, at its own cost, to assume the exclusive defense and control of  any matter otherwise subject to indemnification by you, in which event you will fully cooperate with  Cerulean Realty in asserting any available defenses.  

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or  concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or  otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved  only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single  neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration  service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s  award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the  event that any legal or equitable action, proceeding or arbitration arises out of or concerns these  Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable  attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and  Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or  indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree  that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The  entire dispute, including the scope and enforceability of this arbitration provision shall be  determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms  and Conditions.  

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class  arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE  THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY  PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH  AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE  OTHER. Further, unless both you and Cerulean Realty agree otherwise, the arbitrator may not  consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR  AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE  INFORMATION HEREIN. CERULEAN REALTY AND/OR ITS SUPPLIERS MAY MAKE  IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.  

CERULEAN REALTY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS  ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND  ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND  RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE  MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH  

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS  ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  CERULEAN REALTY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL  WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL  IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT  SHALL CERULEAN REALTY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,  INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR  ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES  FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY  CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY  OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR  FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,  PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,  OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON  CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF  CERULEAN REALTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE  POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT  ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL  OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF  THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  

Termination/Access Restriction  

Cerulean Realty reserves the right, in its sole discretion, to terminate your access to the Site and  the related services or any portion thereof at any time, without notice. To the maximum extent  permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or  relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give  effect to all provisions of these Terms, including, without limitation, this section.  

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and Cerulean Realty as a result of this agreement or use of the Site. Cerulean Realty’s  performance of this agreement is subject to existing laws and legal process, and nothing contained  in this agreement is in derogation of Cerulean Realty’s right to comply with governmental, court and  law enforcement requests or requirements relating to your use of the Site or information provided  to or gathered by Cerulean Realty with respect to such use. If any part of this agreement is  determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,  the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable  provision will be deemed superseded by a valid, enforceable provision that most closely matches  the intent of the original provision and the remainder of the agreement shall continue in effect.    

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user  and Cerulean Realty with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cerulean  Realty with respect to the Site. A printed version of this agreement and of any notice given in  electronic form shall be admissible in judicial or administrative proceedings based upon or relating  to this agreement to the same extent and subject to the same conditions as other business  documents and records originally generated and maintained in printed form. It is the express wish  to the parties that this agreement and all related documents be written in English.  

Changes to Terms 

Cerulean Realty reserves the right, in its sole discretion, to change the Terms under which  ceruleanrealty.com is offered. The most current version of the Terms will supersede all  previous versions. Cerulean Realty encourages you to periodically review the Terms to stay  informed of our updates.  

Contact Us 

Cerulean Realty welcomes your questions or comments regarding the Terms:  

Cerulean Realty
_________________  

Email Address:  info@ceruleanrealty.com
Telephone number:  8172034566  

  

Effective as of July 06, 2022