Glossary of Terms

Acceptance of Terms

Refers to the user's agreement to comply with the terms and conditions outlined by the platform. By using the platform, users acknowledge that they understand and accept these terms, which govern their use of the platform.

Account Registration

The process by which users create an account to access specific features of the platform. Users are responsible for maintaining the security of their account credentials and ensuring that all activities under their account comply with the platform's terms.

Arbitration

A method of dispute resolution where a neutral third party, known as an arbitrator, resolves disputes between parties outside of court. The platform requires that disputes related to its use be resolved through binding arbitration, following the rules of the American Arbitration Association and will take place within Palm Beach County, Florida.

Buyer's Agreement

A legally binding document that outlines the relationship between a real estate buyer’s agent and a buyer. It specifies the services provided, the terms of representation, and how the buyer’s agent will be compensated. This agreement is required before property tours and must comply with mandates and applicable law.

Compensation, Commission and or Concessions

Please note, this platform does NOT permit any references to commissions, compensation, or concessions. However, it fully meets and surpasses all requirements for storing, managing, updating, and viewing buyer agreements in compliance with industry guidelines and relevant laws.

Compliance

The act of adhering to legal requirements and regulations. For this platform, compliance involves meeting data privacy standards (such as GDPR and CCPA), ensuring that all real estate transactions adhere to relevant mandates, laws, and following industry best practices.

Data Privacy

Refers to the protection of personal information provided by users. The platform complies with data privacy laws like GDPR and CCPA, ensuring that all user data and documents are encrypted and stored securely to prevent unauthorized access.

Dispute Resolution

The process by which disputes are settled. The platform requires disputes to be resolved through arbitration rather than litigation, and any legal proceedings must take place in the state of Florida.

Electronic Date and Time Stamping

A digital method of date and time stamping is utilized under the E-SIGN Act and UETA. The platform facilitates the submission of buyer's agreements, ensuring they are immutably dated for reference purposes as the date and time may become a significant factor in determining whose agreement was first.

Intellectual Property

Refers to the ownership of the platform’s features, functions, content, and software, which are protected by a patent pending as of 6/09/2024, copyright, trademark, and other intellectual property laws. Users are granted a limited license to use the platform for its intended purposes, and any unauthorized use is prohibited.

Liability

The legal responsibility for damages or losses. The platform limits its liability for any issues arising from the use or inability to use the platform, stating that it provides the platform "as is" without warranties.

MLS (Multiple listing service)

A database established by cooperating real estate broker's to provide data about properties for sale. Recent changes require that buyer's agreements be in place before property tours, and that compensation offers are not displayed on the MLS.

Real Estate Brokerages and MLS Members

America's largest group of professionals exceeds three million professionals involved in all aspects of the residential and commercial real estate industries.

Negotiability

Refers to the ability for buyer's to discuss and modify terms, particularly regarding real estate agent compensation and/or concessions in advance of touring properties, in person or virtually.

Privacy Policy

A document that outlines how the platform collects, uses, and protects users' personal information. Compliance with data privacy laws is a key aspect of the platform's operations, and users must agree to the privacy policy when using the platform.

Real Estate Laws

The body of laws that govern real estate transactions, including the creation and execution of buyer's agreements, which were enacted nationwide as a mandate only. The platform is designed to ensure compliance with these laws, including recent mandates requiring written buyer's agreements before property tours, in person or virtually.

Security

Measures taken to protect user data and documents from unauthorized access and breaches. The platform uses encryption and other security protocols to safeguard information in compliance with data protection laws.

Termination

The platform’s right to suspend or terminate a user’s access if they violate the terms of use or engage in inappropriate behavior, without notice and without an appeal process. This ensures that the platform remains secure and compliant with ambitious standards.

UETA (Uniform Electronic Transactions Act)

A U.S. law that ensures the validity of electronic data records in commerce. The platform complies with UETA to enable legally binding electronic date and time stamping of agreements.

User Conduct

Expected behaviors and responsibilities of users while using the platform. Users must use the platform lawfully and avoid any activities that could harm others or violate applicable laws.

User Policy

A set of guidelines and rules that users must follow when using the platform. It includes provisions on account security, accuracy of information, and the consequences of violating the terms.

Written Buyer's Agreement

A mandatory document that must be signed by the buyer before touring any property listed on the MLS. It details the terms of the relationship between the buyer and the real estate buyer’s agent, including compensation, where services are to be rendered, how long the agreement is for, and anticipated services.