Quigler does not provide any real estate agents’ services itself. All of the agents are independent of Quigler and use the Service as a way to communicate with you and to help those real estate professionals to track their performance of various tasks. Any information or advice received from an agent or others comes from them alone, and not from Quigler. The Service is not intended to take the place of diligent performance of professional duties by the real estate agent or the maintenance of regular telephone and other communication by the agent and the client selling or buying a property. Neither Quigler, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any advice or service obtained from a real estate agent obtained via and/or through using the Service or for any other information obtained on the website. Quigler does not endorse any specific real estate agents, practices or procedures that are recommended by agents that may use Quigler to communicate with the client. You acknowledge that your reliance on any real estate agents or information provided by the agents via the Service is solely at your own risk and you assume full responsibility for all risk associated therewith.
Quigler does not make any representations or warranties about the training or skill of any real estate agents who use the Service. Clients may be provided with ratings for real estate agents and/or a list of available agents located in the U. S. based solely on the information a client provides to Quigler. The client is ultimately responsible for choosing and deciding whether or not to keep a particular real estate agent, and the agent is solely responsible for the diligente performance of his or her duties.
1. Ownership of the Site and Related Materials
Databases utilized by Quigler contain collections of information which are protected by copyright law and may not be accessed, exported, changed, disclosed, communicated, polled, copied, published or otherwise used outside the context of the use of Quigler functionality as directed and instructed by Quigler in Quigler’s graphic user website and application interfaces, and only by a human operating those graphic user interfaces in connection with a retail real estate agent’s business and with respect to and in accordance with an actual currently existing representation of a client buying or selling real estate property.
2. Electronic Communications
When you use any Quigler Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
3. Site Access, Security and Restrictions; Passwords
If you create a subscriber account for the Quigler Site, you agree to complete the registration process by providing current, complete, and accurate information as required by Quigler. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Quigler. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Quigler at any time with or without cause.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Quigler will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
4. No Legal or Real Estate Advice or Services
THE CONTENT OF THE SITE AND THE SERVICES PROVIDED BY THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL REAL ESTATE OR LEGAL ADVICE, SERVICES, OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED REAL ESTATE PROFESSIONAL FOR REAL ESTATE ADVICE, GUIDANCE AND SERVICES. YOU SHOULD ALWAYS SEEK THE ADVICE OF AN ATTORNEY FOR RESPECTING ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING COMPLIANCE WITH LEGAL REQUIREMENTS RELATING TO REAL ESTATE AND OTHER LEGAL QUESTIONS. YOUR ATTORNEY CAN ASSIST YOU IN IDENTIFYING MATTERS NEEDING LEGAL ATTENTION AND ASSIST YOU RELATING TO THE SAME. ALL INFORMATION PROVIDED BY QUIGLER OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY QUIGLER, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH YOUR REAL ESTATE AGENT IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY QUIGLER, ITS CONTENT PROVIDERS, REAL ESTATE OR LEGAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE QUIGLER FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH REAL ESTATE AGENTS, QUIGLER DOES NOT PROVIDE REAL ESTATE SERVICES AND THE PROFESSIONAL RELATIONSHIP IS BETWEEN YOU AND THE REAL ESTATE AGENT YOU SELECT. ALL REAL ESTATE AGENTS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH QUIGLER.
5. License And Access
The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Quigler. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other content or information (including; images, text, page layout, or form) of Quigler without our express written consent.
6. Accuracy and Integrity of Information
Although Quigler attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Quigler so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Quigler shall have no responsibility or liability for information or Content posted to the Site from any non-Quigler affiliated third party.
7. Links to Other Sites
Quigler makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Quigler site, please understand that it is independent from Quigler, and that Quigler has no control over the Content on that website. In addition, a link to a non-Quigler website does not mean that Quigler endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
8. User Information
If you submit, upload, post or transmit any information, sales history, real estate comps, problems, property conditions, personal information, property characteristics, property expenses, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or to or via our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Quigler and its real estate professional and other users that you have the legal right and authorization to provide all User Information to Quigler and its real estate professional and other users for use as set forth herein and required by Quigler and the real estate professional and other users.
9. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on or communicated by our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Quigler respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), we will respond promptly to notices of alleged infringement that are reported to Quigler’s Designated Copyright Agent, at the address given below:
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.