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Total Choice Realty, Inc. TERMS OF USE Total Choice Realty, Inc. is a licensed real estate brokerage in the state of Georgia and is a Flat Fee Multiple Listing Service Company. Using the services of Total Choice Realty, Inc. does not create any agency or other relationship between Seller(s) and Total Choice Realty. Total Choice Realty does not owe the Seller(s) any fiduciary or other duty nor represent the seller in the real estate transaction. Seller(s) may choose representation at anytime during the listing period by agreeing to pay Total Choice Realty an additional commission of 1% of the sales price at closing. Total Choice Realty, Inc. will provide Ministerial Acts as stated in the service list of the particular product of purchase. Such acts may include one or more of the following: Submitting the information you provide to the multiple listing service(s); providing you with pre-printed contracts and disclosure forms; providing you with names of local lenders; inspectors; attorney’s; insurance agents; surveyors, schools, shopping facilities, places of worship, and such other like or similar services. None of the Ministerial Acts performed by Total Choice Realty shall be constructed in such a manner as to form a brokerage engagement with the Seller(s). The Official Code Of Georgia, Section 10-6A-3 (11) defines “Ministerial Acts” as those acts which broker or affiliated licensee performs for a person which do not require discretion or the exercise of the broker of affiliated licensee’s own judgment. Total Choice Realty, Inc. works to maintain its web site and services, but is not responsible for defects that may exist within its web site or any resulting loss of profits or other damages. Total Choice Realty, attempts to accurately enter the information you provide into the multiple listing service(s). However, Total Choice Realty does not guarantee error-free service. If you discover any error you must promptly notify Total Choice Realty so the error may be corrected. Total Choice Realty is not responsible for any loss or damage suffered by the error. Total Choice Realty, Inc. shall not under any circumstances have any liability greater than the amount received from the Seller(s) for its services. Seller(s) agree to hold Total Choice Realty harmless from any and all claims, causes of action or damages arising out of or relating to you providing incomplete and/or inaccurate information. Total Choice Realty is a Georgia Corporation and only persons owning property located in Georgia may use its services. Lockboxes: There have been isolated instances of reported burglaries of homes on which lockboxes have been placed and for which the lockbox has been alleged to be used to access the property. In order to minimize the risk of misuse of the lockbox Total Choice Realty recommends against the use of lockboxes on door handles that can be unscrewed from the outside or on other parts of the home from which the lockbox can be easily removed. Since others have access to your property, you should remove all valuables or put them in a safe secure place. If you ordered the Supra ibox Seller(s) agrees within 7 days of the property closing or terminating in the MLS, to return the ibox to Total Choice Realty, upon receipt of the ibox Total Choice Realty will refund the Seller(s) the $50 deposit. If Total Choice Realty is needed to remove the ibox from the property, the Seller(s) agree the $50 deposit shall be non-refundable. An additional lease charge of $25 per month will be charged to the Seller(s) if the ibox is not returned within 7 days of closing or terminating from the MLS. Seller(s) are responsible for complying with any subdivision, city, county and state requirements in regards to signage laws, ordinances or restrictions. Should Seller(s) be guilty of violating any laws, restrictions or ordinances, any resulting citations, fines or levees will be Seller(s) responsibility. Seller(s) agree to submit an executed contract to Total Choice Realty within 48 hours after all parties have signed and provide a copy of the HUD-1 Settlement Statement after closing. Seller(s) may terminate their Listing Agreement at any time by signing the MLS/FMLS withdraw forms and pay Total Choice Realty, Inc the MLS withdrawal fee of $50 or the Seller(s) may TRANSFER their listings to another broker of their choice at NO CHARGE. The Seller(s) agrees to pay at closing to Total Choice Realty, Inc. the FMLS service fee of 0.12% of the sales price at closing. Total Choice Realty, Inc. provides this internet web site and the services offered on it (collectively, the “Services”) under the following terms and conditions of service and use (the “Terms”). Please read them carefully. You understand, agree and acknowledge that your use and the Services provided to you are exclusively governed by these Terms which cannot be modified by you. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the Terms. As used on this Web site, the terms “we”, “us”, or “our” refer to Total Choice Realty, Inc.. “You” refers to all users of the web site. “Sellers” refers to users who list their properties for sale on the web site. I. TERMINATION You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time. II. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE Total Choice Realty, Inc. WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. III. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Total Choice Realty, Inc. OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).|
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