Terms of service

Please read these Terms of Use carefully before continuing on with your use of the Services. By accessing and/or using the Services (including without limitation our websites and mobile applications) You are agreeing to these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. By registering with or accessing the Service you are acknowledging and accepting these Terms of Use (these "Terms"). Capitalized terms are defined below.

The information provided by Becca Travis Real Estate Inc. DBA Becca Travis Real Estate Group at Coldwell Banker First Disclaimer, which can be found at www.beccatravis.com, is intended as a service to the public. It's important to note that certain sections of the site may include information from other sources. Therefore, Becca Travis Real Estate Inc. DBA Becca Travis Real Estate Group cannot guarantee the accuracy of the content on this site or any linked sites.The inclusion of a link to another site should not be interpreted as an endorsement by Becca Travis Real Estate Inc. DBA Becca Travis Real Estate Group, either expressed or implied. Please be aware that Becca Travis Real Estate Inc. DBA Becca Travis Real Estate Group does not guarantee access to this site or any linked sites. Furthermore, Becca Travis Real Estate Inc. DBA Becca Travis Real Estate Group will not be held liable for any damages resulting from reliance on the information provided on this site, or for any issues regarding accessibility or availability. It's important to understand that the information presented on this site is not intended as legal advice, and users should not rely on it as such. We strongly encourage users to consult with a lawyer for legal advice specific to their situation. By using this site, users agree to hold Becca Travis Real Estate Inc. DBA Becca Travis Real Estate Group harmless for any inaccuracies in the information presented, as well as any difficulties in accessing this site or any linked sites mentioned herein. Please note that contacting Becca Travis Real Estate Inc. DBA Becca Travis Real Estate Group does not establish an agency/client relationship. We make no claims or representations regarding the quality of real estate services provided, and we do not assert that our services are superior to those of other professionals in the field.

THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY AGREEING TO THESE TERMS OF USE AND THE ARBITRATION AND CLASS ACTION WAIVER PROVISION, YOU WAIVE YOUR RIGHT TO BRING A LAWSUIT IN COURT.

Becca Travis Real Estate Inc. (“We”) fully support the principles of the Fair Housing Act and the Equal Opportunity Act.

Some words used in these Terms of Use have a specific definition. You can find these definitions at the end of these Terms of Use.

1. These Terms This is a legally binding agreement. The terms "you" and "your" refer to an individual registering with or accessing the Service. You represent that you have the full right, power, and authority to enter into and perform these Terms without the consent of any third party.

We may, in our sole discretion, amend these Terms from time to time upon notice. Your continued use of the Service after any such change constitutes your acceptance of the amended Agreement. If you do not agree to any portion of these Terms at any time, you must cease your access and use of the Service.

2. Use of the Service

A. Accounts You may register, maintain, and create an Account for the Service. You are responsible and liable for all activities conducted in connection with your Account, for maintaining the security of your username and password, and for the accuracy of all information relating thereto, including contact, technical and payment information, and your login credentials. You will promptly (i) update any Account information when it changes, and (ii) notify us of any unauthorized use of your Account, including any security or data breach. You may only connect to the Service through your Account and in accordance with our access procedures. You will not allow an Account to be shared or used by more than one individual. By providing us with your email address you consent to us sending you Service-related notices. You must be eighteen (18) years of age or older to use the Service.

B. Service Rules You will use the Service strictly in accordance with these Terms, all Documentation, the Privacy Policy, and Applicable Law. You will not engage in any of the following activities:

• (i) use the Service in violation of any third-party license or agreement;

  • (ii) use the Service to collect, process, or store bank account information, credit or debit card information, personally identifiable information pertaining to children under 13, or health or medical information (including 'Protected Health Information' as defined in the Health Insurance Portability and Accountability Act of 1996);

  • (iii) sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Service;

  • (iv) use, modify, copy, or create derivative works from the Service or Marks without the applicable owner's written permission, including without limitation using automated or manual means to access Content from the Service;

  • (v) frame, mirror, embed or otherwise incorporate any portion of the Service in any other service or product;

  • (vi) scrape or use any automated means to collect data from the Service or any website;

  • (vii) reverse engineer, decompile, or disassemble any part of the Service, or use or access any part of the Service in connection with any other product or service using features, functions or graphics similar to any part of the Service;

  • (viii) remove, obscure, or alter any Intellectual Property Rights notice related to any part of the Service or Marks;

  • (ix) send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful Content;

  • (x) facilitate the transmission or use of any: (a) malicious code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with or access any of portion of the Service;

  • (xi) interfere with, disrupt, or overburden the integrity or performance of the Service, or interfere with any other use of the Service;

  • (xii) attempt or assist others to attempt to gain unauthorized access to the Service or its related systems or networks; or

  • (xiii) use the Service in any way not expressly authorized by these Terms.

C. Changes to the Service; Suspension We reserve the right to make changes to the Service, suspend access to any or all parts of the Service, or impose usage limits without prior notice. Your continued use of the Service after any change or limitation constitutes your acceptance of such modifications.

D. Monitoring; Records We have the right, but not the obligation, to review and monitor your use of the Service at any time, with or without notice, including your communications. This is done to ensure compliance with these Terms.

E. User Content and Conduct As we do not control the content on the Service, you acknowledge and agree that we are not responsible for any content, and we make no guarantees regarding the accuracy, currency, suitability, or quality of any content. Your interactions with other users are solely between you and the respective users, and we hold no responsibility or liability for such interactions. In the event of a dispute between you and another user, we are under no obligation to intervene. We reserve the right to change, condense, or delete any content, information, or other materials on the Service, including user-generated content.

F. Your Representations You represent and warrant that: (i) You have the right to grant the rights and licenses to your content as outlined in these Terms. Furthermore, your content does not infringe upon any party's intellectual property rights or violate any applicable laws. (ii) You will not sublicense, sell, license, assign, or transfer any information obtained through the Service or engage in any other commercial exploitation of the Service. (iii) You possess the necessary right and authority to enter into these Terms, and by doing so, you are not in violation of any agreement or obligation to a third party. (iv) You are a prospective buyer or seller of real property in the geographic areas where we are licensed and operating, with a genuine interest in purchasing or selling such real property. (v) You have not signed any agreement with a real estate broker or agent that would prevent you from using our offices as your sole and exclusive broker or agent. Additionally, you do not have a contract or agreement with any third party that would interfere with our representation of you. (vi) Your search on the Service is limited to properties within your anticipated purchase ability or price range and to properties that meet your specific criteria. (vii) You will not (a) contact the owner or seller of any property based on information obtained through the Service or (b) attempt to enter the property or speak with an owner or seller without a prior appointment set by us. (viii) You will adhere to all copyright restrictions placed on the content of the website, including material or data compilations where we or others hold the copyright. (ix) You agree that we may also represent other prospective buyers seeking to purchase properties that may meet your criteria. (x) You authorize us to review and provide copies of various documents related to your transactions on the Service, including home inspection reports and closing papers.

G. Agent Users Any user who holds a real estate license, such as brokers, associate brokers, or salespersons, other than agents, must inform us before accessing any password-protected material, including house listing data or other data compilations. We reserve the right to deny or terminate access to any real estate agent who is not an agent, except for the limited purpose of accessing the website to verify compliance with MLS rules.

H. Property Data Restrictions In addition to other restrictions outlined herein, it is clarified that all property data provided on the Service is for your personal, non-commercial use only and is not available for redistribution, retransmission, or copying. You may not sell or use such data for any purpose other than evaluating properties for sale or purchase. 

3. Licenses

A. License to You: Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable right to access and use the Service for the sole purpose of searching for real estate for personal use, during the term of the Agreement and solely for non-commercial purposes.

B. License to Us: You grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, develop, transmit, distribute, modify, reproduce, publicly display, and create derivative works of any content you provide (your "Content"). This license allows us to provide, develop, maintain, support, and improve the Service and the services provided by affiliated entities.

C. Maps: The Service may utilize Microsoft Bing Maps and Google Maps. Your use of Microsoft Bing Maps is subject to the Bing Maps Terms of Use, and your use of Google Maps is subject to the Google Maps Terms of Use and Privacy Policy. These services are not under the control of the affiliated entities. Please review the respective terms of use and privacy policies for rights and restrictions.

4. Ownership Rights

A. Our Ownership Rights: Between you and us: (i) We solely and exclusively own and will continue to own all rights, title, and interest in the Service and associated trademarks ("Marks"). (ii) You will not challenge our ownership of the Service or Marks and will not register or attempt to register any similar trademarks. (iii) No ownership or title in the Service, Marks, or associated intellectual property rights is transferred to you under these Terms. (iv) Your use of Marks permitted under these Terms will be on behalf of the applicable owner. You agree to notify us promptly of any unauthorized use of the Service or Marks. If you provide us or any affiliate with feedback, you assign all rights, title, and interest, including intellectual property rights, in and to such feedback, waiving all claims, including claims of payment and credit.

B. Your Ownership Rights: Between you and us, subject to Sections 3(B) and 4(A) above, you retain ownership of all rights, title, and interest in and to your Content.

5. Data

You agree that the affiliated entities, including us, may collect, store, use, and distribute information in accordance with the Privacy Policy, including your information and data. You are responsible for complying with the Privacy Policy. Furthermore, you understand and agree that we may use both the data you input and usage data (such as search criteria) to provide and improve our real estate services.

6. Compliance

We do not provide compliance services. You acknowledge that the Service is provided for your convenience only and is not intended to enable you to meet your obligations under applicable laws and third-party agreements. You are solely responsible for ensuring compliance with such obligations.

7. Payment

If any amounts are due under these Terms, you agree to make payments in accordance with the statements issued by us or as otherwise agreed within the Service. Pricing for any portion of the Service is subject to change upon our notice. All taxes are excluded from the pricing, and you are responsible for paying all applicable taxes. However, neither party will pay income taxes on behalf of the other party. In the event of late payment, we may charge you a late penalty on the overdue amount, which will be the lesser of the maximum legally permissible interest rate or an interest rate of five percent (5%), reflecting the cost of our collection efforts. You will make payments through the means determined by us, including payment services provided by us or a payment service provider (PSP). If a PSP is used, you may be required to register with the PSP, agree to their terms of service and privacy policies, and undergo a vetting process as requested by the PSP. Please note that we are not a party to the PSP's terms of service and privacy policies, and we have no obligations or liability to you under such terms or policies.

8. NO WARRANTIES

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, express, implied, or statutory. Your use of the Service is at your sole risk. The affiliated entities, including us, disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of performance, course of dealing, or usage of trade. Without limiting the generality of the foregoing, no affiliated entity, including us, and none of their licensors and suppliers warrant that any portion of the Service, the content therein, or the MLS feed is accurate, reliable, or correct. They do not warrant that the Service will meet your requirements, comply with applicable laws, be available at any particular time or location, be uninterrupted, backed up, secure, or free from breaches or interceptions of data or your confidentiality information, or that any defects or errors will be corrected. Furthermore, they do not warrant that the Service is free of viruses or other harmful components. Any content downloaded or obtained through the Service is downloaded at your own risk. Neither us nor any affiliated entity warrant, endorse, guarantee, or assume responsibility for any product, service, link, or advertisement offered by any third party through the Service or any linked website or service. Additionally, neither us nor any affiliated entity will be a party to or monitor any transaction between you and any such third party.

9. LIMITATION OF LIABILITY

In no event will any affiliated entity, including us, or any of their employees, licensors, consultants, contractors, or directors be liable for costs of procurement of substitute goods, loss of revenues, loss of profits, loss of data, errors, omissions, miscalculations, misrepresentations of value, or for any direct, indirect, special, consequential, incidental, exemplary, or other damages. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if any affiliated entity, including us, has been advised of the possibility of such damage. This limitation on liability does not apply to personal injury. Our liability to you for the use of and/or access to the Services or websites shall in no event exceed the greater of the fees

10. Indemnification

You agree to indemnify, defend, and hold us, including any affiliated entity, harmless from any and all claims arising out of or in connection with: (i) your breach of these Terms; (ii) your conduct involving fraud, negligence, omissions, or willful misconduct; and (iii) your misuse of the Content or any other misuse of the Service.

11. Third Parties

We reserve the right, at our sole discretion, to delegate or subcontract the performance of any portion of the Service to third-party service providers. We may also make available one or more Third-Party Products to you in connection with the Service. Third-Party Products may be separately licensed to you by their respective providers. If you choose to access a Third-Party Product from the Service, you do so at your own risk. You acknowledge that these Terms and the Privacy Policy do not apply to your use of such third-party sites. We are not responsible for the contents of any linked site or any liability arising from your use of any Third-Party Product. Please review the terms of use of third-party websites. Additionally, there may be links to third-party sites that are not under our control, and we disclaim responsibility for the contents of any linked site.

12. Confidentiality

You may use our confidential information solely to perform your obligations or exercise your rights under these Terms. You will not knowingly disclose or permit the disclosure of our confidential information to any third party without our prior written consent. However, you may disclose our confidential information to your employees and/or subcontractors who have a need to know and are bound by written agreements containing similar nondisclosure obligations. You agree to exercise due care in protecting our confidential information and to use industry-standard security measures. The obligations regarding confidential information are subject to the disclaimers set forth in Section 8 and our Privacy Policy.

13. Termination

These Terms will remain in full effect until your Account or these Terms are terminated as described herein. We may terminate these Terms for convenience upon notice. Upon termination, the rights and licenses granted to you under these Terms will immediately terminate. However, upon termination, you grant us a non-exclusive, non-sublicenseable, non-transferable, irrevocable, and perpetual license to use the data and information collected by the Service under your Account during the term of these Terms, in accordance with the Privacy Policy.

14. Third Party Beneficiary

You acknowledge and agree that we have the right to enforce these Terms against you as a third-party beneficiary, and we will have the full benefits of these Terms. These Terms do not confer any rights or remedies upon any person other than the parties involved, unless otherwise expressly stated.

15. Assignment

These Terms, as well as any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. However, we may assign these Terms without restriction. Any attempted transfer or assignment in violation of these Terms will be null and void.

16. General

A. Nature of Relationship: The parties are independent contractors, and these Terms do not create any agency, employment, or partnership relationship. Neither party has the power to bind the other or make representations on behalf of the other.

B. Modification: We may modify any of these terms and conditions at any time, at our sole discretion, by posting the updated Terms. The changes will become effective no sooner than 30 days after posting. Please check the Terms periodically for updates. Your continued use of and access to the Services or the websites following a change will constitute your acceptance of the change.

C. Agreement to Arbitrate Disputes: These Terms include a mandatory arbitration provision

D. Notices

All notices and other communications to be given to any party under these Terms must be in writing and properly addressed. Delivery methods include:

  • Hand or courier: Delivery of notice is deemed to occur upon delivery.
  • Electronic: Notice is considered delivered on the date it is sent to the authorized email address.
  • Overnight delivery service: Delivery of notice is deemed to occur upon delivery and written confirmation by the service.
  • Certified or registered mail: Delivery of notice is deemed to occur upon signature of the receipt by the recipient.
  • Posting to your Account: If from us to you, notices may be posted to your Account on the date posted.

If you need to send us a notice, you can do so by emailing Hello@beccatravis.com. If we need to send you a notice, we will use the email and mailing address associated with your Account.

E. Headings; Interpretation

Section headings used in these Terms are for convenience only and should not be considered in construing or interpreting these Terms. The term "including" means "including without limitation" as used herein.

F. Severability

The provisions of the Terms are intended to be interpreted in a manner that makes them valid, legal, and enforceable. If any provision is found to be partially or wholly invalid, illegal, or unenforceable, it will be modified or restricted to the extent necessary to make it valid, legal, and enforceable. This modification or restriction may be done unilaterally by us, or by an arbitrator or a court of law. If a provision cannot be modified or restricted, it will be excised from the Terms without affecting the validity, legality, or enforceability of the remaining provisions.

G. Waiver

A waiver of any provision of these Terms must be made in writing to be effective. Our waiver of a breach of any provision or right contained in these Terms will not constitute a continuing waiver or waive any subsequent breach or right.

H. Force Majeure

Except for your payment obligations, neither party will be liable for failures or delays in the performance of its obligations under these Terms due to causes beyond its reasonable control. Such causes include acts of God, sabotage or terrorist attacks, inclement weather, accidental damage, vandalism, power supply failures or shortages, floods, droughts, lightning or fire, strikes, lock-outs, trade disputes or labor disturbances, acts or omissions of government or other competent authorities, and communicable diseases, epidemics, pandemics, or other dangers to public health.

I. Entire Agreement

These Terms, along with any incorporated documents, constitute the entire agreement between us and you and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, regarding the subject matter.

J. Survival

Sections 1, 2(E), 2(F), 2(G), 2(I), 3(B), and 4-17 of these Terms will survive any termination or expiration of these Terms.

K. No Advice Nothing on this Site constitutes, or is meant to constitute, advice of any kind. The information and content on this Site is for informational purposes only. If you require advice in relation to any real estate, legal, or financial matter, you should consult an appropriate professional.

L. Links to Third-Party Web Sites, Content, Advertisement

Please be aware that the Site may provide links to third-party websites, feature content generated by third parties, or display advertisements from third parties ("Third-Party Websites"). It is important to note that Becca Travis Real Estate Inc. does not assume responsibility for the content, activities, or privacy practices of these Third-Party Websites. Any information you share or actions you take on Third-Party Websites are governed by the respective sites' terms of use and privacy statements. The inclusion of Third-Party Websites does not imply endorsement or approval by Becca Travis Real Estate Inc. of the Third-Party Websites, nor does it endorse any organization, activity, content, product, or service associated with them. Becca Travis Real Estate Inc. does not provide any representation or warranty regarding the nature of Third-Party Websites, their products, or services. Furthermore, Becca Travis Real Estate Inc. cannot be held responsible for any loss or damages you may experience while accessing or using Third-Party Websites.

Definitions

  • "Account" refers to the account provided by us that allows you to manage and access the Service.
  • "Affiliated Entities" collectively refers to us, our parent, subsidiaries, affiliates, and, where applicable, our and their service providers and licensors.
  • "Agent" refers to a real estate broker, salesperson, agent, associate broker, or similar state-licensed real estate professional licensed with one of our franchisees.
  • "App" refers to a mobile application that may be provided as part of the Service.
  • "Applicable Law" means any statute, law, ordinance, rule, regulation, or requirement of a governmental entity that applies to a party or its business.

ValleyMLS logo© 2023 ValleyMLS. The information provided is considered reliable but is not guaranteed to be accurate by the MLS or Becca Travis Real Estate Inc. It is recommended to independently verify all information. Listings marked with the ValleyMLS logo are provided courtesy of the ValleyMLS IDX Database. The IDX information is intended for personal, non-commercial use by consumers and should not be used for any other purpose except to identify prospective properties that consumers may be interested in purchasing.

© 2023 Shoals Area Association of Realtors MLS. All rights reserved. The IDX information is provided exclusively for personal, non-commercial use by consumers and is not guaranteed to be accurate by the MLS or Becca Travis Real Estate Inc.

Greater Alabama MLS (Birmingham Association of Realtors) logo© 2023 Greater Alabama MLS. The IDX information is intended for personal, non-commercial use by consumers and should not be used for any other purpose except to identify prospective properties that consumers may be interested in purchasing. The accuracy of the IDX content is not guaranteed by the MLS or Becca Travis Real Estate Inc.

Realtracs Solutions logoProperties marked with the IDX logo are provided courtesy of the RealTracs Internet Data Exchange Program. Some or all of the listings may not belong to Becca Travis Real Estate Inc., the firm whose website is being visited. The IDX information is provided by MTRMLS, Inc. and is believed to be accurate but is not guaranteed by the MLS or Becca Travis Real Estate Inc. It is intended for personal, non-commercial use by consumers to identify prospective properties they may be interested in purchasing.

Based on information submitted to the MLS GRID. All data is obtained from various sources and may not have been verified by the broker or MLS GRID. Supplied Open House Information is subject to change without notice. It is recommended to independently review and verify all information for accuracy. The listing of properties may or may not be done by the office/agent presenting the information. View MLS GRID DMCA Notice for more information

© 2023 Becca Travis Real Estate Inc. All rights reserved. Coldwell Banker® and the Coldwell Banker Logo are service marks licensed to Coldwell Banker Real Estate LLC and used with permission. Becca Travis Real Estate Inc. fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. Each franchise is independently owned and operated. Any services or products provided by independently owned and operated franchisees are not provided by, affiliated with, or related to Coldwell Banker Real Estate LLC or any of its affiliated companies.