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Terms of Use Agreement 

"I agree to the Terms of Use Agreement," as consideration for access to and use of the services available to me at the Alpha Team Realty, Inc. website, to make the representations and warranties, and abide by the terms and conditions set forth in the following Terms of Use Agreement:

1. I represent and warrant that I am over the age of majority, legally competent to make this Agreement, and a bona fide buyer or seller of real estate who is not a party to an exclusive brokerage services agreement with any other real estate broker or firm;
    
2. Any User that holds any type of real estate license, including, but not limited to a brokers, associate brokers or salespersons license must immediately advise Alpha Team Realty, Inc. by telephone, facsimile, or e-mail before that User may access any password protected material including house listing data or other data compilations. Alpha Team Realty, Inc. reserves the right to deny or terminate access to any Real Estate Agent at its discretion.
    
3. When conducting a search for available properties for sale or rent, I agree to enter property search criteria (such as price range, location, and other features) that are a good faith representation of the types of properties that I am interested in, and financially capable of acquiring or leasing, or that represent properties similar to the property I have available for sale or lease. I understand that Alpha Team Realty, Inc. may limit the number of properties displayed to me in response to my search requests based upon Alpha Team Realty, Inc.'s sole determination of the reasonable number of properties appropriate to be displayed in response to a single search request, given existing market conditions, total number of matching listings in the MLS database compilation, and other "reasonable use" restrictions deemed appropriate by Alpha Team Realty, Inc., which may vary from market to market and from time to time;
    
4. I agree that, as between Alpha Team Realty, Inc. and me, any electronic or printed real estate listing data, or other content derived from the Alpha Team Realty, Inc. website ("Site Materials"), constitute the copyrighted and proprietary property of Alpha Team Realty, Inc. or third parties from whom Alpha Team Realty, Inc. has secured permission to display such Materials on Alpha Team Realty, Inc.'s website. I will use these Site Materials solely for my private and non-commercial use in conjunction with my evaluation of a potential real estate transaction to which I may, in good faith, become a party. I will not copy, commercialize, sell, license, swap, or otherwise make the Site Materials available to any third party, nor will I assist others in doing so;
    
5. I will use my best efforts to cooperate with Alpha Team Realty, Inc. on reasonable terms and conditions in the event Alpha Team Realty, Inc. deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials by a third party, which use may have resulted from my access to the Alpha Team Realty, Inc. website(s);
    
6. Alpha Team Realty, Inc. EXPRESSLY DISCLAIMS ANY WARRANTIES WHATSOEVER CONCERNING THE ACCURACY OR RELIABILITY OF THE LISTING DATA OR ANY OTHER SITE MATERIALS ACCESSIBLE FROM THE Alpha Team Realty, Inc. WEBSITE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. I AGREE THAT ANY AND ALL SITE MATERIALS, INCLUDING ANY LISTING DATA IS PROVIDED TO ME IN AN "AS IS" CONDITION;
    
7. I AGREE THAT Alpha Team Realty, Inc. SHALL NOT BE LIABLE TO ME FOR ANY DAMAGES OF ANY KIND WHATSOEVER BY REASON OF MY RELIANCE UPON, OR USE OF, THE SITE MATERIALS, INCLUDING ANY COMPENSATORY, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FINES OR ASSESSMENTS;
    
8. I agree to defend, indemnify, and hold harmless Alpha Team Realty, Inc. from any damages, costs, and expenses, including attorneys fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon my use or display of the Site Materials;
    
9. I agree that my unauthorized use of the Site Materials will cause injury to Alpha Team Realty, Inc. that cannot adequately be remedied by money damages, and that Alpha Team Realty, Inc. shall be entitled to preliminary or permanent injunctive relief to enjoin my unauthorized use of the Site Materials, which injunctive relief shall be in addition to any other remedies available to Alpha Team Realty, Inc. at law. If Alpha Team Realty, Inc. is successful in securing a preliminary injunction order against me, I waive any obligation of Alpha Team Realty, Inc. to post a security bond in conjunction therewith;
    
10. I understand that Alpha Team Realty, Inc. has not entered into any form of fiduciary or brokerage relationship with me solely by granting me access to, and use of, the Site Materials available on the Alpha Team Realty, Inc. website. Any form of fiduciary or brokerage relationship between Alpha Team Realty, Inc. and me shall not exist unless and until an Alpha Team Realty, Inc. agent shows me property available for sale or lease, or I request an Alpha Team Realty, Inc. agent to assist me in procuring a real estate sales or lease contract on terms acceptable to me for the purchase, rental, or sale of a parcel of real estate;
     
11. I understand that at such time as an Alpha Team Realty, Inc. agent shows me property available for sale or lease, or I request an Alpha Team Realty, Inc. agent to assist me in arranging a real estate transaction, to which I am a party, I will be entering into a brokerage relationship with Alpha Team Realty, Inc. in which Alpha Team Realty, Inc. will be assuming certain duties and obligations relating to the services it will be rendering to me during the course of that relationship. An Alpha Team Realty, Inc. agent will disclose to me the nature and extent of those duties and obligations no later than at the time I enter into a brokerage relationship with Alpha Team Realty, Inc.;
     
12. Notwithstanding Paragraphs 9 and 10, I agree that by reason of my accessing the Site Materials available on the Alpha Team Realty, Inc. website, I have become a bona fide customer of Alpha Team Realty, Inc. who is seeking information about real estate brokerage services relating to my potential purchase, lease, or sale of real estate of the type, location, and price range specified in any searches I have performed, or will perform, using the Site Materials and the functionality available to me at the Alpha Team Realty, Inc. website;
     
13. Client authorizes Alpha Team Realty, Inc. to review and provide copies of various documents in the transaction to the client. This includes, but is not limited to home inspection reports and closing papers.
    
    I agree that this Terms Of Use Agreement shall be governed by the laws of the State of Georgia applicable to contracts made and performed entirely in the State. Any suit brought by either Party to enforce the terms and conditions of this Terms Of Use Agreement shall be brought in the state or federal courts that have jurisdiction over the City of Atlanta, Georgia. I agree not to contest the personal jurisdiction of such courts. If Alpha Team Realty, Inc. prevails in any suit against me to enforce its rights under this Terms of Use Agreement, I agree that the Court may enter an award on behalf of Alpha Team Realty, Inc. and against me for Alpha Team Realty, Inc.'s reasonable attorney's fees, costs, and litigation expenses associated with such suit, or the appeal of any judgment or award rendered on behalf of Alpha Team Realty, Inc.;
     
14. I agree that I will not attempt to contact the seller of any property that I have identified by using Alpha Team Realty, Inc.'s website and that I will not attempt to enter onto any such property except through an appointment arranged by an agent or employee of Alpha Team Realty, Inc.; and,
     
15. In the event this Agreement is terminated for any reason, other than its extension, renewal, or replacement by a subsequent agreement between the parties, the following paragraphs shall survive: 1,2, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15 and 16.
16. Alpha Team Realty, Inc. is a Georgia licensed real estate brokerage company, license number H-37835
17. David Gibbard is the qualifying broker, 981 Old Alpharetta Road, Alpharetta GA 30005. Phone 678-462-3808 gibbard@alphateamrealty.com