Terms of Service for 1-800RealEstate.com
Acceptance of Terms
Welcome to 1-800RealEstate.com, operated by 1-800RealEstate.com LLC. 1-800RealEstate.com is a trademark of 1-800RealEstate.com LLC. Before registering as a user, posting an advertisement, or using the Website to search for real estate or professional services, you must read and agree to the following Terms of Service (the “Terms”).
By accessing or using our Website, applications, or other products or services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE 1-800REALESTATE.COM WEBSITE.
IMPORTANT: These Terms include a mandatory arbitration provision (Section 14) and a class action waiver (Section 14), which affect your rights regarding how to resolve any dispute with 1-800RealEstate.com LLC. Please review these provisions carefully.
1. Terms of Use
Welcome to www.1-800RealEstate.com (the “Website”). The Website is a free service provided to property owners, landlords, realtors, property managers, and other individuals or entities seeking to list or find residential real estate, apartments, commercial property, business services, or other services offered on the Website.
Age Restriction and Authority to Advertise
By using the Website, you represent and warrant that you are at least eighteen (18) years of age. By creating an account, you affirm that you are at least 18 years of age. If you post any advertisements on 1-800RealEstate.com, you further represent and warrant that you have the legal authority to do so.
Modification of Terms
We reserve the right to change, modify, or alter these Terms of Use at any time. We will notify users of material changes via email or a prominent notice on the Website at least thirty (30) days before such changes take effect. Your continued use of the Website following the effective date of modifications constitutes your acceptance of the revised Terms of Use. It is your responsibility to review these Terms periodically for any updates or changes.
2. Use of the Website and Assumption of Risk
You acknowledge and agree that using an internet-based marketplace involves inherent risks. You use the Website at your own discretion and risk. 1-800RealEstate.com does not guarantee the accuracy of any information on the Website. Content is provided by third-party users, and while we strive to provide a positive user experience, we have no control over the truth or accuracy of user-generated content.
Informational Guidance
Any guidance provided by 1-800RealEstate.com, such as information on listing a home, buying a home, landlord/tenant information, or tips on finding professionals, is for informational purposes only and does not constitute legal, financial, or professional advice. You are solely responsible for deciding whether to follow such guidance.
Interactions with Other Users
Your interactions with other users are solely between you and those users. 1-800RealEstate.com is not responsible or liable for any loss, damage, injury, or harm resulting from these interactions.
3. Advertising Venue and Disclaimer
Nature of Service — Not a Brokerage
1-800RealEstate.com is strictly an online advertising platform and is not a real estate brokerage, mortgage lender, or law firm. The Website does not provide real estate, mortgage, legal, or financial advice. We do not represent buyers, sellers, landlords, or tenants. No brokerage, agency, or fiduciary relationship is created by your use of this Website. The Website does not facilitate real estate transactions, nor does it own, rent, or sell any properties listed on the Website. All transactions are conducted directly between users.
Platform as Passive Conduit (Section 230)
1-800RealEstate.com functions as a passive conduit for user-generated content within the meaning of Section 230 of the Communications Decency Act (47 U.S.C. § 230). All listings and advertisements are created and published by third-party users. 1-800RealEstate.com does not participate in negotiations, the handling of funds, the execution of closing documents, or any aspect of a real estate transaction between users.
No Control Over Content
As an advertising platform, 1-800RealEstate.com has no control over the accuracy, legality, quality, authenticity, completeness, or truth of the information contained in user-generated advertisements. 1-800RealEstate.com does not verify the accuracy, completeness, or legality of the content posted by users. We are not responsible for any errors, omissions, or misrepresentations made by property owners or real estate professionals. Users of the Website may encounter deceptive or inaccurate information, and 1-800RealEstate.com is not responsible for any such content.
No Guarantee of Transactions
1-800RealEstate.com does not guarantee that any transaction, including but not limited to the sale, purchase, or rental of real estate, will occur between users of the Website. The Website merely provides a platform for users to connect and interact.
Disclaimer of Ownership and Participation
1-800RealEstate.com is an advertising venue only and has no ownership interest in any properties listed on the Website. 1-800RealEstate.com does not participate in any real estate transactions conducted between users.
User Responsibility and Caution
Users of the Website are solely responsible for their own actions and interactions with other users. 1-800RealEstate.com encourages users to exercise caution, common sense, and safe trading practices when using the Website. 1-800RealEstate.com is not responsible for any fraudulent or illegal activity in connection with the Website.
Reporting Suspicious Activity
If you encounter any suspicious or fraudulent activity on the Website, please report it to 1-800RealEstate.com by clicking the “Report” button on the relevant advertisement or by contacting us directly via email at support@1800realestate.com.
4. Content
By posting or transmitting any information or content (including but not limited to text, images, descriptions, graphics) on or through the Website, you represent and warrant that you have all necessary rights and permissions to do so, including ownership or valid license to the content. You are solely responsible for all content you post or transmit, and 1-800RealEstate.com shall have no liability whatsoever for such content.
Content Restrictions
You agree not to post or transmit any content that is:
- Unlawful, defamatory, libelous, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, hateful, discriminatory, or otherwise objectionable.
- Misleading, deceptive, or false.
- Infringing on any intellectual property rights (including copyrights, trademarks, patents, or trade secrets) or other proprietary rights of any third party.
- In violation of any applicable laws, regulations, or ordinances.
Real Estate Advertising
If you post an advertisement on the Website, you represent and warrant that the information contained in your advertisement is accurate and complete to the best of your knowledge. All real estate advertising must comply with applicable fair housing laws and regulations, including the Fair Housing Act, which prohibits discrimination based on race, color, religion, sex, familial status, national origin, or disability. For more information, visit www.hud.gov/fairhousing.
Permitted Use
You agree to use the Website solely for the purpose of advertising residential real estate for sale or rent, commercial real estate for sale or rent, or other businesses specifically authorized by 1-800RealEstate.com. You may not advertise or promote any other products, services, or businesses without the express written consent of 1-800RealEstate.com.
Prohibited Content
You are strictly prohibited from posting or transmitting any pornographic or sexually explicit images or content, including nudity, lewd references, or sexual content of any kind.
1-800RealEstate.com’s Rights Regarding Content
1-800RealEstate.com reserves the right, in its sole discretion, to remove or modify any content on the Website for any reason, including but not limited to violations of these Terms of Use. 1-800RealEstate.com also reserves the right to suspend or terminate any user’s account for any reason at any time. 1-800RealEstate.com may pursue all available legal and equitable remedies for any violations of these Terms of Use.
User Content License
By posting content on the Website, you hereby grant to 1-800RealEstate.com a non-exclusive, royalty-free, worldwide license to use, copy, display, modify, distribute, and reproduce such content in any media for the purpose of operating, promoting, and improving the Website and its services. This license shall remain in effect for the duration of your use of the Website and for a reasonable period thereafter (not to exceed twelve months) to allow for the orderly removal of your content. You may request deletion of your content at any time by contacting support@1800realestate.com.
Personal and Non-Commercial Use
The content on the Website is intended for personal and non-commercial use only. You may download and print single copies of content for personal use. You may not reproduce, copy, sell, resell, or exploit any aspect of the Website for commercial purposes without the prior written consent of 1-800RealEstate.com.
5. Intellectual Property
The Website, including its design, layout, graphics, logos, trademarks, service marks, code, and all other intellectual property (collectively, “Platform IP”), is the exclusive property of 1-800RealEstate.com LLC. and is protected by applicable copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works from any Platform IP without the prior written consent of 1-800RealEstate.com LLC.
The name “1-800RealEstate.com” and all associated logos and marks are trademarks of 1-800RealEstate.com LLC. Unauthorized use of any trademark displayed on the Website is strictly prohibited.
6. Copyright Infringement and DMCA Policy
1-800RealEstate.com respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 1-800RealEstate.com will respond expeditiously to claims of copyright infringement committed using the Website.
Filing a DMCA Notice
If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please provide a written notice to our designated agent containing the following:
- A description of the copyrighted work that you claim has been infringed.
- A description of where the infringing material is located on the Website (including the URL).
- Your contact information (name, address, telephone number, and email).
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
- Your physical or electronic signature.
DMCA Designated Agent:
1-800RealEstate.com LLC.
Attn: DMCA Agent
380 Broadway Providence RI 02909
Email: dmca@1800realestate.com
Counter-Notice
If you believe that your content was removed or disabled by mistake or misidentification, you may submit a written counter-notice to our designated agent. Upon receipt of a valid counter-notice, 1-800RealEstate.com will forward it to the original complainant and may restore the removed content within 10–14 business days, unless the complainant initiates a court action.
7. Third-Party Websites
The Website may contain links to third-party websites. The provision of such links does not constitute an endorsement, guarantee, or approval by 1-800RealEstate.com of the information, products, or services available on those websites. A link to a third-party website does not imply any association with or endorsement by the linked site to 1-800RealEstate.com.
Leaving the Website
When you click on a link to a third-party website, you acknowledge that you are leaving the 1-800RealEstate.com Website and are subject to the terms and conditions and privacy policy of the linked website. 1-800RealEstate.com is not responsible for the content or practices of any third-party websites.
Disclaimer of Liability
1-800RealEstate.com shall not be liable for any damages, losses, or liabilities arising from your use of any third-party website accessed through a link on the Website. You access and use third-party websites at your own risk.
8. Linking to 1-800RealEstate.com
You may link to the 1-800RealEstate.com Website provided that you do not imply any partnership, affiliation, or endorsement by 1-800RealEstate.com without express written permission. Links must not frame the Website or present it in a misleading context.
9. Fees for Service
The Website currently offers free advertising for individual residential real estate listings for sale or lease and commercial property listings for sale or lease. 1-800RealEstate.com reserves the right to modify its fee structure at any time. Users who registered prior to any fee changes will be notified via email at least sixty (60) days in advance of any new fees taking effect. Any changes to the fee structure will also be posted on the Website.
10. Legal Compliance
Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, regulations, rules, codes, and other legal requirements (collectively, “Laws”) in connection with your use of the Website. This includes, but is not limited to, Laws related to:
- Fair housing and non-discrimination
- Advertising and marketing
- Consumer protection
- Data privacy and security
- Intellectual property
Specific Laws
Without limiting the generality of the foregoing, you agree to comply with the following Laws:
Civil Rights Act of 1866: Prohibits discrimination based on race in the sale or rental of real estate.
Fair Housing Act: Prohibits discrimination based on race, color, religion, sex, familial status, national origin, or disability in the sale, rental, or financing of housing.
Americans with Disabilities Act: Prohibits discrimination based on disability in places of public accommodation, including real estate sales and rental offices.
Equal Credit Opportunity Act: Prohibits discrimination in credit transactions, including mortgage lending, based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance.
State-Specific Protected Classes
Users must also comply with state-level fair housing laws, which may include protections for sexual orientation, gender identity, source of income (e.g., Section 8 vouchers), marital status, age, veteran or military status, and other classes not enumerated in federal law. It is your responsibility to know and comply with the fair housing laws in every jurisdiction in which you operate.
Professional Licensing Disclosure
Real estate agents, brokers, and other licensed professionals using this platform are solely responsible for ensuring their advertisements comply with all applicable state laws and licensing regulations, including the disclosure of their firm name, license number, and any other information required by their state licensing authority. Failure to comply with state licensing disclosure requirements may result in listing removal and account termination.
Agency Disclosures
Users who are licensed real estate professionals are solely responsible for providing any state-mandated agency or consumer disclosures to leads at the time of initial contact. 1-800RealEstate.com delivers leads directly to you (see Listing Terms, Section 6) and has no obligation to provide agency disclosures on your behalf.
11. Anti-Spam Policy
Prohibition of Unsolicited Email
You agree not to transmit any unsolicited commercial email (“spam”) through the 1-800RealEstate.com computer systems. This includes, but is not limited to, sending bulk emails, unsolicited commercial advertisements, or any other type of electronic communication that is not expressly authorized by the recipient.
Unauthorized Use of Computer Systems
You are prohibited from using the 1-800RealEstate.com computer systems for any unauthorized purpose, including but not limited to:
- Sending spam
- Accessing or attempting to access unauthorized accounts or data
- Introducing viruses, worms, or other malicious code
- Disrupting or interfering with the operation of the Website or its servers
- Scraping, data mining, or using automated tools to extract content from the Website
Legal Consequences
Any unauthorized use of the 1-800RealEstate.com computer systems is a violation of these Terms of Use and may also violate applicable state and federal laws, including the CAN-SPAM Act. 1-800RealEstate.com reserves the right to pursue civil or criminal penalties against any user who engages in unauthorized use of its computer systems, and to cooperate with law enforcement authorities in the prosecution of such violations.
12. Independent Contractor Relationship
You acknowledge and agree that your use of 1-800RealEstate.com does not create any agency, partnership, joint venture, employee-employer, or other similar relationship between you and 1-800RealEstate.com. Both you and 1-800RealEstate.com are independent contractors, and neither party has the authority to bind the other or create any obligations on the other’s behalf. These Terms of Use do not create or imply any business relationship between you and 1-800RealEstate.com other than the limited license granted to you to use the Website in accordance with these Terms.
13. Termination
1-800RealEstate.com reserves the right to terminate or suspend your use of the Website at any time, for any reason, and without notice. Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Effect of Termination
Upon termination, 1-800RealEstate.com may, but is not obligated to, delete your account and all associated content. You may request a copy of your content prior to termination by contacting support@1800realestate.com.
14. Mandatory Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate
You and 1-800RealEstate.com LLC. agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or your use of the Website (collectively, “Disputes”) will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.
Arbitration Rules and Forum
The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration shall take place in the State of Rhode Island (the company’s principal place of business), unless otherwise agreed by the parties. If in-person proceedings are not feasible, the arbitration may be conducted via telephone or video conference.
Arbitration Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you demonstrate that the costs of arbitration would be prohibitive compared to litigation, 1-800RealEstate.com LLC. will pay as much of the filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Class Action Waiver
YOU AND 1-800REALESTATE.COM LLC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.
Opt-Out
You may opt out of this arbitration provision by sending written notice to 1-800RealEstate.com LLC. at 380 Broadway Providence RI 02909 within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, 1-800REALESTATE.COM, 1-800REALESTATE.COM LLC., THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ANY THIRD-PARTY WEBSITES, THE SERVICES PROVIDED BY 1-800REALESTATE.COM, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF 1-800REALESTATE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Liability for Service Interruptions
1-800RealEstate.com shall not be liable for any loss, lost profits, or any damages whatsoever arising out of any interruption of service, including but not limited to interruptions caused by technical malfunctions, maintenance, or other reasons.
Disclaimer of Liability for Termination
1-800RealEstate.com shall not be liable for any damages whatsoever arising out of the termination of your access to the Website or the services provided by 1-800RealEstate.com, regardless of the reason for termination.
16. Disclaimer of Warranties
1-800REALESTATE.COM, 1-800REALESTATE.COM LLC., THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AND SUPPLIERS PROVIDE THE WEBSITE AND ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. 1-800REALESTATE.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 1-800REALESTATE.COM MAKES NO WARRANTY THAT THE WEBSITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
17. Indemnification
You agree to indemnify and hold harmless 1-800RealEstate.com LLC., 1-800RealEstate.com, and its affiliates, officers, directors, employees, agents, subsidiaries, and suppliers from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your breach of these Terms of Use.
- Any content you post or transmit on or through the Website.
- Your violation of any rights of any third party, including but not limited to intellectual property rights, privacy rights, and publicity rights.
- Your use of the Website or its services.
This indemnification obligation shall survive the termination of your account and these Terms.
18. Privacy
Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, store, and disclose your personal information. The Privacy Policy is available at www.1800realestate.com/privacy and is incorporated into these Terms by reference. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.
19. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to its conflict of law principles. Subject to the mandatory arbitration provision in Section 14, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Providence County, Rhode Island, and you hereby consent to the personal jurisdiction of such courts.
20. Force Majeure
1-800RealEstate.com shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, epidemics, pandemics, cyberattacks, power outages, telecommunications failures, or internet service provider failures.
21. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
22. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or agreements published by 1-800RealEstate.com on the Website, constitute the entire agreement between you and 1-800RealEstate.com LLC. regarding your use of the Website and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.
23. Contact Information
If you have any questions about these Terms of Service, please contact us:
1-800RealEstate.com LLC
380 Broadway Providence RI 02909
Email: support@1800realestate.com