Effective Date: June 5, 2012

By using our Website, you agree to the terms and conditions (“Terms”) set forth below. Please read them carefully.

These Terms govern your use of “BackAgent”, which is the intranet Website of Weichert Real Estate Affiliates, Inc. (“Weichert”) and operated by BackAgent (“BA”) (“Weichert” and “BA” will be referred to herein together and separately as “we”, “our”, “us”) located at www.backagent.com, backagent.net, and any related website maintained and operated by BackAgent on Weichert’s behalf (collectively, the “Website”). These Terms apply only to your use of the Website. The Terms do not change any other agreement between you and us, nor do the Terms apply to any of our other websites or our products or services.

We reserve the right, in our sole discretion, to modify or change these Terms at any time with or without prior notice to you. You should visit this page periodically to review the current Terms; the date of the last update will be posted at the top of these Terms for your convenience. Your continued use of the Website following the posting of any changes to the Terms constitutes your acceptance of those changes. If at any time you do not agree with these Terms, you must immediately stop using the Website.

Privacy Policy

We are concerned about your privacy and have developed a policy to address privacy concerns. Please see our Privacy Policy regarding the collection, use and disclosure of information collected on the Website. By using the Website, you are consenting to the terms of our Privacy Policy.

Ownership and Use of Website Information

We are giving you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Website and any software we provide to you as part of the Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Website or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

You are not permitted to post on or transmit to or from the Website any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material, or other content that could give rise to civil or criminal liability under the law.

The Website does not grant you any rights to use our trademarks, service marks or trade names. The content on this site is protected by copyrights, trademarks and service marks, other intellectual property laws, and other laws and regulations. All information, materials, and other content on the Website, including trademarks and service marks, are our property or the property of a third party that granted us permission to include their trademarks and service marks on the Website. You may download, view, and print content from the Website solely for your personal use as an affiliate of Weichert. You must maintain and plainly display all copyright and other proprietary notices in the same form and manner as on the original, and otherwise comply with these Terms.

Restrictions on Use

You agree that you will not use the Website or any content located on the Website in any way not explicitly authorized in these Terms. If you want to use the content of the Website in a manner that is not permitted by these Terms, you must receive Weichert’s prior written consent. If you want Weichert’s consent, you should contact the owner of the WEICHERT® franchise that employs you and the owner will request Weichert’s consent. You also agree that you will not (a) use the Website or its contents in any way that could overburden, impair, disable or damage any Website server; (b) obtain or attempt to obtain any content or information that has not been intentionally made available on the Website; or (c) use any automated means, such as scripts, screen-scrapers, or Website copying applications, to capture, copy, or otherwise access the Website.

We reserve the right to suspend or terminate your ability to use the Website at any time for any or no reason and without notice from either Weichert or BA.

Links to the Website

You may link to the Website only if you agree that you will not (a) include links to any Website page other than the home page (e.g., www.backagent.com, *.backagent.net); (b) "frame" or impose editorial comment, commercial material or any type of identification on or in proximity to content displayed on the Website; (c) alter or modify the Website content, "cut and paste" or otherwise reproduce the Website content on a website that links to the Website; (d) misrepresent your relationship with us or the Website or imply that we or the Website has any connection with, or is endorsing or sponsoring, you or your website; or (e) present false, misleading or defamatory information about us or our services. You also agree that you will not link to the Website if content on the linking site contains libelous, defamatory, obscene, pornographic, or patently offensive material. You link to the Website at your own risk. We are under no obligation to maintain the Website, provide or update the Website content or otherwise support your link to the Website. You agree to immediately remove any and all links to the Website as requested by us. We may terminate your ability to link to the Website at any time for any reason or no reason and without notice.

Links to Other Websites

The Website contains links to other Websites solely as a convenience to users of the Website. We make no representations or any other assurances about websites linked from the Website. Any link on the Website does not imply that we endorse, recommend or accept any responsibility for such third party sites, their content, policies, practices, products, services or companies. We encourage you to read the terms of use and privacy policies of any website that you visit, including those linked from the Website, as their terms and policies may differ from ours.

No Endorsements

The Website may reference or mention other parties, their products or services. Any reference or mention of a product or service of a third party is not an endorsement, recommendation or sponsorship, but is merely provided for informational purposes.

Collection of Information and Data

Other than when you request information about the Website or a product or service, we do not want you send us confidential or proprietary information. Except as in our Privacy Policy, any confidential or proprietary information that you send us may not be treated as confidential by us.

No Warranty

THE WEBSITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability

WE DISCLAIM LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE WEBSITE, EVEN IF EITHER OF US ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability

We may change the products and services mentioned on or available through the Website at any time without notice. Additionally, all products and services referenced on the Website are subject to availability and qualifications and other terms, conditions, and exclusions not described on the Website. The Website can be accessed from countries around the world and may contain references to products, services and programs that are not available in your area, state, county or town. These references do not imply that we intend to make such services or programs available in your area.

Driver & Mobile Use Disclaimer

This Website is not intended to be used while driving or performing any other potentially dangerous activity which requires your attention. Using this Website while driving or performing any other potentially dangerous activity which requires your attention may be distracting and unsafe for you and other people on the road, and is prohibited under these Terms. It may also be illegal.

Copyrights and Trademarks

Each Weichert® franchised office is independently owned and operated. REALTOR® is a federally registered collective membership mark which identifies a real estate professional who is a Member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to the strict Code of Ethics. WEICHERT® is a federally registered trademark owned by Weichert Co. All other trademarks, service marks and trade names are the property of their respective owners.

Governing Law

These Terms shall be governed by the laws of New Jersey. If any provision of these terms is unenforceable, it shall not affect the validity or enforceability of the remaining terms. The terms are for the benefit of Weichert Real Estate Affiliates Inc., BackAgent, their affiliates, and any third party who has agreed to have its content posted on this Website. By using this Website, you irrevocably consent to be subject to the personal jurisdiction of any federal, state, or local court sitting in the relevant county of Morris and Essex Counties, New Jersey in connection with any action to determine any dispute arising from your use of the website or to enforce the provisions of these Terms.

General

These Terms control the relationship between us and you. These Terms do not create any third party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.