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
We are concerned about your privacy and have developed a policy to address privacy
of information collected on the Website. By using the Website, you are consenting
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 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.
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
may not be treated as confidential by us.
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.
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. BACK AGENT is a trademark of BackAgent. All
other trademarks, service marks and trade names are the property of their respective
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.
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.