Terms and Conditions

Cape Entry (Agency) has developed the following Terms and Conditions of Service to govern your use of our programs, and our website (www.CapeEntry.com). Your use of either of our programs, and/or our website confirms that you have read and agree to the following:

Services

Services offered under this Agreement are limited to MLS listing entry only, and do not include the full range of services offered by a traditional listing agent.  Establishing the asking price of the listed property, sales contract negotiation and execution, and facilitating the sale are the sole responsibilities of the Seller.  Agency does not offer consultation, or preparation of any contracts.  Standard real estate forms and contracts are available on our website, and may be downloaded at no charge, however, we strongly recommend Seller contact an attorney for preparation of any legal documents, contracts, and to discuss closing costs.  Other than to provide contact information, Agency will not communicate with potential buyers or Buyer’s Agents regarding Seller’s property.  No property management services are provided by Agency.  Agency will not schedule appointments, or attend showings.  Agency will not conduct open houses or MLS tours.  Seller agrees to respond in a timely manner to Buyer and Buyer Agent inquiries, to provide reasonable access to the property, and to schedule showings.  To facilitate the sale of the property, it will be Seller's responsibility to obtain:  1) Smoke Detector/Carbon Monoxide Detector Compliance Certificate from the local Fire Department; 2) Title V Certificate of Compliance (private septic systems) from a licensed inspector; 3) final reading and statement from the local Water Department (private well – contact local Board of Health).  Seller agrees to provide reasonable access for the Buyer’s inspection(s), appraisal(s), and final walk-through. MLS listing entry services are best suited to Sellers who are familiar with the sale of real estate, and we recommend that consumers enlist legal representation when selling or buying real estate.

Legal

Copyright and Restrictions on Use.  All website content, including but not limited to services, information, text, images, photographs, logos, trademarks, is restricted by the Agency and its affiliated companies, and licensees.  Contracts and forms are provided solely for your personal, non-commercial use.

Listings.  Seller assumes responsibility for reviewing and confirming the accuracy of any and all listing information once publicized, and must request a correction of any inaccuracies from the listing broker within 24-hours after publication on the MLS site.  Seller is responsible for confirming the accuracy and completeness of the information provided to the listing broker, and to the MLS.  Information that Seller provides must be accurate, factual, and in compliance with MLS rules and regulations.  Seller is solely responsible for payment of any and all fines imposed by the MLS association(s).  Seller is solely responsible for payment of any and all commissions.  Listing broker does not provide any arbitration or representation services in the event of a commission dispute.  Agency brokers may refuse to accept listings that do not offer a Buyer’s Agent commission of at least 1%, and/or that do not offer a reasonable chance of sale in the opinion of the broker.  Acceptance of a listing does not imply that the listing broker guarantees or has evaluated the probability that the property will sell.

Yard Signs.  Seller assumes full responsibility for checking local requirements or restrictions on the use of any yard signs or other exterior marketing materials.  Seller agrees to hold Agency, its affiliates, agents, and/or brokers harmless from the use, legality, or appropriateness of exterior marketing materials.  Seller uses these materials at their own risk.

Lockboxes.  Seller assumes full responsibility for the use, and implications of using a key lockbox.  Seller agrees to hold Agency, its affiliates, agents, and/or brokers harmless for any problems that may occur as a result of using the key lockbox.  Seller is responsible for the security of the property and the use and maintenance of the key lockbox.  Seller is responsible for monitoring the key lockbox for integrity, and malfunction.  Key lockboxes are not intended for any use other than REALTOR®-assisted showings, and Seller agrees to hold Agency, its affiliates, agents, and/or brokers harmless from any type of damage, injury, or legal action resulting from the disclosure to anyone, including licensed REALTORS®, the code of a lockbox in use at Seller’s property.

Advertising.  Listings on all websites (including but not limited to REALTOR.com®, real estate agency websites, etc.) are subject to the availability and enrollment in specific programs which may change without prior notice.  

Satisfaction Not Guaranteed:  The Agency, its affiliates, agents, and/or brokers make no claims and/or guarantees regarding our programs and/or the ability of our programs to procure for the Seller a buyer, and/or of a successful transfer of the Seller’s property.  At any time during the period of the Listing Agreement, unless an offer has been accepted, Seller may request, in writing, that Agency’s right to list the property be terminated without penalty.  At any time during the period of the Listing Agreement, Agency reserves the right to terminate the Agreement due to Seller’s misrepresentations or negligence.  In either circumstance, there will be no refunds allowed.  

Indemnification

Seller hereby indemnifies and holds Agency, its affiliates, agents, and/or brokers harmless from any and all disputes, litigation, judgments, costs or legal fees incurred in the defense of same, arising out of this Agreement and/or listing in MLS brought either by the Seller or a third-party for any reason, including but not limited to Seller’s negligence, false or misrepresentations, Seller/Buyer disputes over contractual agreements, disclosures, and/or commission due.  This is a complete limitation of liability, and Seller agrees to hold Agency, its affiliates, agents, and/or brokers harmless for all damages of any and every kind, including, but not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, all injuries suffered, monetary or otherwise, personal injury, and claims of third parties, arising out of the listing, presentation, sale, or negotiation of sale of the listed property.

Privacy

Agency is committed to respecting and protecting the privacy of visitors to our web sites as well as the privacy of our actual customers, affiliates, subscribers and registered resellers.  For visitors, we've structured our web sites so that, in general, you can visit us on the web without identifying yourself or revealing any personal information.  For customers, affiliates, subscribers and registered resellers, once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your relationship with Agency.

The Information We Collect

Agency may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information.  Agency may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate.  We may use "cookies" to track how Users use our Web site.  A cookie is a piece of software that a Web server can store on the Users’ PC and use to identify the User should they visit the Web site again.  While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web site.  When you sign up for Agency's services, you provide us with both contact and payment information.  Contact information typically includes your name, address, and phone number.  Payment information typically includes your credit card number.  We may also track how you were referred to our web site.  For example, which search engine you used or which advertisement you clicked on.  While you are an Agency  customer, we manage information with regard to your account status, choice of services, and customer logs.  In addition, we may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

How We Use Information

We use the contact information you provide us to establish our service for you.  We use payment information for payment processing purposes only.  We use tracking information to determine which means or advertising is most effective for us.  We create and maintain other information such as customer account status, choice of services, and customer logs in the normal course of providing service.  Agency may provide you with information about products or services offered by third parties, which may be of interest to you or to enable you to take advantage of special partner programs.  Agency may also use customer information to provide customers with system information or information about new or upgraded products.

Disclosure of Information

Agency may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above.  We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners.  Finally, we may transfer information collected from Users in connection with a sale of Agency's business.  We will not otherwise disclose customer personal and account information unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Agency, our customers, or others, or where Agency has a good faith belief that the law requires such disclosure.

Maintenance of Information

Information about Users that is maintained on our systems is protected using industry standard security measures.  However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure.

Third Parties

Through Agency’s website, you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party.  Agency’s website may allow you to access information, websites, advertisements, and/or features, offered by third parties.  Agency is not responsible for the actions or policies of such third parties.  Consumers agree to check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.