Entera Terms of Use

Updated:

May 1, 2023

These terms of use (“Terms of Use”) are entered into by and between you and Entera Holdings, Inc., a Delaware corporation (together with its affiliates and collectively “Entera”, “we”, or “our”). These Terms of Use, together with any documents they expressly incorporate by reference govern your access to the use of the websites, including www.entera.ai and frontend.entera.ai , and mobile applications, including any content, functionality, and services offered on or through the websites (collectively, the “Site”), whether as a guest or a registered user (each, “User”).

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1. ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use carefully before you start to use the Site. By (i) accessing, browsing, subscribing to, and using the Site; and (ii) by using the Entera mobile applications, tools, associated content, and any customizations made to the services provided or offered by Entera via the Sites (collectively, the “Services”), you acknowledge that you have read, have understood, and you accept and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, you must not access or use the Sites or any of the Services.

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If you use the Site as a registered User, you acknowledge and agree that you are entering into a lawful consumer-broker, seller/buyer-brokerage, or similar relationship with any of Entera’s registered broker affiliates (as defined by applicable state). Any information you obtain from the Entera’s Site is intended for your personal internal business use. By using these Site, you represent and warrant that you are of legal age to form a binding contract with the Entera and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

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Unless you have entered into another agreement with Entera, including a master services agreement, you have no obligation to work with Entera and you can terminate your account with Entera at any time. In the event of a direct conflict between these Terms of Use and any other agreement between you and Entera, the other agreement shall control solely to the extent of the conflict.

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BY CLICKING THE LOG IN BUTTON, ACCESSING OR USING ANY PART OF THE SERVICES, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY THESE TERMS OF USE. IF USER DOES NOT AGREE TO THESE TERMS OF USE, ENTERA WILL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS OR USE ANY PART OF THE SITE OR SERVICES.

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2. CHANGES TO THE SERVICES AND TERMS OF USE

We reserve the right to withdraw or amend the Site, and any Service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.

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Because our Services are evolving over time we may change or discontinue all or any part of the Services and update these Terms of Use, at any time and without notice, at our sole discretion. If we modify these Terms of Use, we will post those modifications to the Site. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction and Dispute Resolution will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

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3. ACCESSING THE SITE, REGISTRATION, ACCOUNTS, AND PASSWORDS

You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them. If you provide access to an affiliate, representative, employee, or subcontractor of yours, you are responsible for any action or breach of these Terms of Use made by such party as if you yourself had made the breach or action. If you are a United States entity and you provide access to your account to an affiliated entity or team in a different country, the United States entity shall be responsible for all actions or breaches of the affiliated entity or team.

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To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. We may terminate your access to our Site and to the Services if we learn that you have provided us with false or misleading registration data. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

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If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. Entera cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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When registering for or requesting certain products and services available on the Site or through the Services, you may be required to agree to additional terms and conditions, including, but not limited to certain confidentiality and non-circumvent provisions. Any additional agreements will expressly state these requirements. If you do not agree to those terms, your choice is to not use those specific services.

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4. TERMINATION

If you have created an account to access the Services, you may deactivate your account at any time by contacting our customer service teams at support@entera.ai. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the Services, in whole or in part, with or without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

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In its sole and absolute discretion, with or without notice to you, Entera may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) any unauthorized access or use of the Services, (ii) any violation of these Terms of Use, or (iii) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services. Termination, suspension, or cancellation of the Services or your access rights to the Site shall not affect any right or relief to which Entera may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Entera.

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5. PROVISION OF SERVICES AND COMMUNICATIONS WITH YOU

For purposes of responding to you and providing you with information and notices about your account or the Services, you agree that we may communicate with you through the contact information associated with your account. We have no liability rising from your failure to maintain accurate contact or other information, including, without limitation, your failure to receive critical information about the Services. When you request information from us, you are extending an express invitation for us to contact you.

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The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct (“Testing”). Except to the extent otherwise provided in another agreement between you and Entera, your participation in any Testing and use of any data, content, information, or other materials in connection with such Testing shall be subject to these Terms of Use.

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We make no representation that the Services are appropriate or available for use in any particular country or location outside of the United States. If you choose to access, view, or use the Services, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable. No Services, including software, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule, regulation, or export or import control.

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6. THIRD PARTY SITES AND LINKED MATERIALS

The Site or Services may include links to third party sites. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents. We expressly disclaim any representations regarding the content or accuracy of materials or the privacy practices related to such third parties. You should review any applicable terms or privacy notice of a third party sites before using it or sharing any information with it, because you may give the third party permission to use your information in ways we would not. Entera is not responsible for and does not endorse any features, content, advertising, products or other materials on or available through third party sites, even if originally accessed via a link on the Site.

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7. MLS®

Certain information available on the Site and through the Services is provided by third party licensors, including through certain multiple listing services (“MLS”). Such information from MLS is subject to Section 18 MLS Terms of Use incorporated herein.

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8. CONSIDERATION

While certain of our Services may be used at no cost to you, the consideration for use of some Services is that you consider using Entera or its affiliates and Entera Agents for any transactions related to the Services. When you use Entera for transaction services, Entera charges a negotiable commission for the sale of the individual real estate property or parcel (the “Subject Property”). All related commission percentages and fees will be disclosed to you prior to completion of a transaction. “Agent” means a licensed real estate agent in the jurisdiction in which the agent is performing services and “Entera Agent” means an Agent employed or otherwise acting directly on behalf of Entera pursuant to a written agreement between Entera and the Agent.

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9. INTELLECTUAL PROPERTY AND USE RESTRICTIONS

Entera Intellectual Property. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (“Entera Content”) is owned by the Entera, its licensors, or other providers of such material (collectively, and individually, “Content Providers”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Entera Content obtained from or through Entera.

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Limited License Grant. Entera grants you a worldwide, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services for your personal internal business use, and not for any commercial purpose, so long as your use complies with these Terms of Use. Unless you are otherwise explicitly granted permission, these Terms of Use do not grant you any right or license with respect to any trademarks, service marks, graphics, or logos. These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third party sites or otherwise. All rights not expressly granted are reserved by Entera.

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Restrictions. You may not modify, decompile, dissemble, reverse-engineer, reproduce, redistribute, create derivative works based upon, or attempt to commercially gain from your use or misuse of the Services, or any of their components, except as permitted by the Services. You may not use any meta-tags or other hidden text using any Entera name, trademark, service mark, graphic or logo without Entera’s specific written permission. You may not remove, obscure, or modify any copyright or other intellectual property notices that appear on or in the Services. You may not use the Services in any way that violates any law or regulation, the Term of Use, any of Entera's policies, or any third party policy, that applies to you. You may not use the Services in any manner that harms Entera, our service providers, our suppliers, other users of the Services, or any other person. We may revoke your permission to access and use the Services or terminate your access to and use of the Services, and we may block or prevent you from accessing the Services, at our discretion. If you violate these Terms of Use, your permission to access and use the Services is automatically revoked. You may not use automated tools to crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received Entera’s prior express written permission.

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Your Content. You grant to Entera a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display any data, content, information, ideas, comments, or other materials that you provide to us or upload to the Services (“Your Content”) in connection with provision of the Services to you or otherwise in connection with your permitted use of the Services. Any personally identifiable information included in Your Content is governed by Entera's Privacy Notice. Your Content will be confidential except for any information that (i) was lawfully known by Entera before receipt of it from you; (ii) is or becomes generally known to the public through no omission of Entera; (iii) is rightfully provided to Entera by a third party, without restriction on disclosure or use; iv) is independently developed by Entera; or (v) is made available by you to a third party, without restriction concerning use or disclosure. In addition to any of Your Content that is made available through the Services, we may share Your Content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services. Notwithstanding anything in these Terms of Use to the contrary, Entera does not have any obligation to store or display Your Content. Entera may, but are not obligated to, monitor, modify, or remove Your Content at any time in its sole discretion. You agree that Entera may promote and market Your Content in connection with the Services. You understand and acknowledge that you are responsible for any of Your Content you submit or contribute, and you, not the Entera, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

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Aggregated Data. You authorize us to compile Aggregated Data, and such Aggregated Data shall be proprietary to Entera. To the extent necessary, you hereby assign to Entera all right, title, and interest in, to, and under the Aggregated Data. “Aggregated Data” means any non-personally identifiable, technical, statistical, or analytical data, gathered or generated directly by the Site or the Services or by use of the Site or Services that Entera collects, gathers, and aggregates periodically as part of its ordinary business operations. Aggregated Data is de-identified data that Entera (and its affiliates, licensors, and Entera Agents) may use on a non-attributed basis to monitor and improve its products and services, for benchmarking purposes, or to provide customized services or technologies to its Users. Entera collects and uses this data in accordance with its Privacy Notice and in accordance with applicable data protection laws.

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Feedback. You may give Entera suggestions, enhancement requests, feedback, or recommendations (“Feedback”). You hereby assign to Entera all of your right, title, and interest in, to, and under the Feedback. To the extent applicable law does not permit assignment of the Feedback, you hereby grant Entera a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner in which Entera sees fit. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to your Feedback.

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10. PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To impersonate or attempt to impersonate Entera, an Entera employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Entera or users of the Site or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

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11. YOUR REPRESENTATIONS

You represent and warrant that: (i) you have the ability to give consent to these Terms of Use and grant all assignments, licenses, and permissions contemplated or contained herein; (ii) your use of the Services will be in compliance with all laws, regulations, the Terms of Use, any Entera's policies, and third party policies, if and as applicable to you; (iii) Your Content and any Feedback are original to you and do not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; and (iv) our use of Your Content and any Feedback you provide will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person.

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12. INDEMNIFICATION

You agree to defend, indemnify, and hold Entera and its respective Entera Agents, employees, directors, officers and representatives harmless from and against all claims and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of (a) your failure to comply with applicable laws, regulations, the Terms of Use, any Entera's policies, and third party policies, if and as applicable to you; (b) Your Content and Feedback; (c) Entera’s use of Your Content and Feedback as contemplated or permitted under the Terms; (d) any activity in which you engage on or in the Services; or (e) your use of any information or materials obtained from the Site.

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13. DISCLAIMERS

THE INFORMATION PRESENTED ON OUR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. ENTERA PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. ENTERA DOES NOT CONTROL OR VET THIRD-PARTY CONTENT FOR ACCURACY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ENTERA DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE SERVICES AND ENTERA AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. ENTERA MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

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ENTERA IS NOT RESPONSIBLE FOR ANY ERRORS IN DISPLAYED INFORMATION OR DELAYS IN DISPLAYING INFORMATION ON THE SITES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT. ENTERA DOES NOT TAKE RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY THIRD PARTY CONTENT. ANY USE OR RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER INFORMATION ON THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN RISK, INCLUDING INFORMATION PROVIDED BY OR FOR ENTERA. ENTERA IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR ANY CONTENT OR INFORMATION PROVIDED BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, A MULTIPLE LISTING SERVICE.

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YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE, SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENTERA OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.

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14. LIMITATIONS OF LIABILITY

IN NO EVENT WILL ENTERA OR ANY OF ITS ENTERA AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THE TERMS OF USE, OR YOUR USE OF THE SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, (D) THE USE OF INABILITY TO USE THE SITE, (E) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE, (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

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IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ENTERA, ENTERA AGENTS, OR ENTERA’S EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES WITH RESPECT TO THE TERMS OF USE OR THE SERVICES, THEN EXCEPT AS SPECIFICALLY PROVIDED IN THE TERMS OF USE OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT FOR SUCH SERVICES, IF APPLICABLE, AND/OR DISCONTINUE USING THE SERVICES.

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15. GOVERNING LAW AND JURISDICTION

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These Terms of Use, any related matters, and any dispute, controversy or claim (a “Claim”) arising between you and Entera arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Texas, without reference to its conflicts of law principles. The exclusive jurisdiction for all Claims that you and Entera are not required to arbitrate will be the state and federal courts of Dallas County, Texas.

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You and Entera agree to first attempt to negotiate any Claim (except those Claims expressly excluded as set out below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your business address, if provided by you, with an email copy to the email address you may have provided to Entera. If necessary to preserve a Claim under any applicable statute of limitations, you or Entera may initiate arbitration while engaging in the informal negotiations.

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16. DISPUTE RESOLUTION

THIS SECTION 16 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IS VOID WHERE PROHIBITED BY LAW. This arbitration provision shall survive termination of these Terms of Use.

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16.1. Binding Arbitration and Class Action Waiver. Subject to Section 16.2, you and Entera agree that any Claim between you and Entera will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. This Section 16.1 is governed, in all respects, both procedurally and substantively, by the United States Federal Arbitration Act. You and Entera agree that you are each waiving the right to a trial by jury or to participate in a class action.

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YOU AND ENTERA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Claim is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding (the two foregoing sentences shall constitute the "Class Action Waiver". If this Class Action Waiver is found to be unenforceable, then the entirety of this Section 16.1 shall be null and void.

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SUBJECT TO THE ABOVE THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS COVERED BY THESE TERMS OF USE.

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If any other provision of this Section 16 requiring that Claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular Claim, then that Claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction subject to Section 15. If that happens, however, the arbitration provisions in this Section 16 will still be fully enforceable as to all other Claims, which must be resolved in arbitration on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, which the parties will jointly request to be stayed pending the conclusion of arbitration.

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16.2. Exceptions and Opt-Out. Nothing in this Section 16 precludes any party from filing or participating in administrative proceedings before state, provincial/territorial, or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a Claim in court, the party must do the same before submitting a Claim to arbitration under these Terms of Use. Upon receipt of a right-to-sue letter or similar administrative determination, however, the Claim can only be resolved in individual arbitration pursuant to these Terms of Use.

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This Section 16 also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This Section 16 further does not prevent any party from filing any Claim that otherwise qualifies in small claims court on an individual basis.

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16.3. Equitable Remedies. Except for individual Claims brought in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or Entera, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. To the extent that you or Entera prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction, subject to Section 15 and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.

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16.4. Rules and Logistics Governing Arbitration. The arbitration will be conducted in Harris County, Texas, by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”) then in effect, except as modified by these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

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If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

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16.5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Entera initially will pay for all filing, administration and arbitrator fees and expenses if your Claim is for less than $10,000. If Entera is the successful party in the arbitration, Entera shall be entitled to an award of its reasonable attorneys’ fees and the reimbursement of all fees and expenses it incurred. If you are the successful party in the arbitration, you will be entitled to an award of your reasonable attorneys' fees and a reimbursement of all fees and expenses you incurred.

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16.6. Delivery of Demand for Arbitration. A demand for arbitration must be in writing and delivered by hand or first-class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to Entera pursuant to Section 17.4. Any demand for arbitration made by Entera shall be provided to the last address on file with Entera. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.

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16.7. Effect of Changes on Arbitration. If we change any of the terms of this Section 16 after the date you first accepted these Terms of Use or any updates to these Terms of Use, you may reject any such change by sending us written notice (including by email to legal@entera.ai within thirty (30) days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Entera in accordance with the terms of this Section 16 as of the date you first accepted these Terms of Use or any updates to these Terms of Use.

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17. GENERAL TERMS

17.1. Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms of Use. Any purported assignment or delegation by you shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, a company for any third party that assumes our rights and obligations under these Terms of Use.

‍17.2. No Waiver. Our failure to act with respect to a breach of these Terms of Use or any term or condition herein by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

17.3. Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to affect the intention of the provision.

17.4. Notices. You may contact Entera by sending any correspondence to 12645 Memorial Dr Ste F1 PMB 456, Houston, Texas, 77024-4979 or emailing legal@entera.ai.

17.5. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.

17.6. Entire Agreement. You agree that these Terms of Use constitutes the entire, complete, and exclusive agreement between you and Entera regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Use. You also may be subject to additional terms and conditions that may apply when you use or receive certain Services which are communicated to you by Entera.

17.7. Equal Housing Opportunity. Entera is pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity throughout the areas in which we offer the Services and to compliance with all applicable human rights legislation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.

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18. MLS® TERMS OF USE

These MLS Terms of Use are incorporated in and supplement the Entera Terms of Use. Capitalized terms used throughout have the meaning assigned in the Entera Terms of Use.

Before we can show you pictures and prices of sold homes and active listings, our MLS® data providers require you to acknowledge that you consider any of Entera’s registered broker affiliates to be your real estate agent, broker or salesperson. For purposes of clarification, you have no obligation to work with an Entera Agent to buy or sell a home. You can always choose to work with us or not. The relationship described herein does not create a financial obligation for you and any such obligation would be pursuant to a separate written or electronic agreement expressly agreed between you and Entera. Before proceeding to view the content made available through the Services, you must acknowledge all of the following:

You are entering into a lawful consumer-broker, seller/buyer-brokerage, or similar relationship with Entera (as defined by applicable state or territorial law). You have no obligation to work with Entera and you can terminate your account with Entera at any time. Any information you obtain from the Sites is intended for your personal internal business non-commercial use.

You have a bona fide interest in the purchase, sale, or lease of one or more Subject Properties through the Services.

You acknowledge that the individual MLS® that supplies the listing data is the owner of such data and you acknowledge the validity of the MLS®'s system, and MLS®'s proprietary rights and copyright to such data and any related data.

Entera also explicitly authorizes MLS® employees, MLS® members, or their duly authorized representatives to access Entera’s website for the purposes of verifying compliance with MLS® rules and monitoring the display of participants' listings on Entera’s website.

Entera makes no guarantees as to the reliability, accuracy, or up to date nature of any information from MLS® sources.

Additional disclosures apply to residents of Colorado, Kansas, Missouri, North Carolina, South Carolina, and Texas.

Location-Specific Agreements and Disclaimers for MLS®s and other Data Providers. Entera receives the home listing information from many listing sources. The following disclaimers apply to listings only from that particular data source. To the extent there are defined terms in the disclaimers below, such definitions shall only apply to the use of those terms in such particular disclaimer.

All third party product, company names, and logos are trademarks™ or registered ® trademarks and remain the property of their respective holders.

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18.1. MLS TERMS AND DISCLAIMERS

Indicates a property listed by a real estate brokerage other than the web site owner. Information Deemed Reliable But Not Guaranteed. All information should be verified by the recipient and none is guaranteed as accurate by ARMLS. Copyright 2023 Arizona Regional Multiple Listing Service, Inc. All rights reserved.

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Austin Board of Realtors (ACTRIS)

The information being provided by ACTRIS is for the consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumer may be interested in purchasing. Any information relating to real estate for sale referenced on this web site comes from the Internet Data Exchange (IDX) program of the ACTRIS. Real estate listings held by brokerage firms other than this site owner are marked with the IDX/MLS logo. Information deemed reliable but is not guaranteed accurate by ACTRIS.

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Greater Fort Lauderdale Multiple Listing Service (GFLMLS)

All listings featuring the BMLS logo are provided by BeachesMLS Inc. This information is not verified for authenticity or accuracy and is not guaranteed. Copyright 2023 Beaches Multiple Listing Service, Inc

Canopy MLS

The data relating to real estate on this website derive in part from the Internet Data Exchange program. Brokers make an effort to deliver accurate information, but buyers should independently verify any information on which they will rely in a transaction. All properties are subject to prior sale, change or withdrawal. Neither Entera nor any listing broker shall be responsible for any typographical errors, misinformation, or misprints, and they shall be held totally harmless from any damages arising from reliance upon this data. This data is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties they may be interested in purchasing. © 2019 Canopy MLS.

The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our website or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. Notices must be sent in writing by email to DMCAnotice@MLSGrid.com.

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Columbus & Central Ohio (CBRMLS)

The information is being provided by Columbus and Central Ohio Regional Multiple Listing Service. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2023 Columbus and Central Ohio Regional Multiple Listing Service. All Rights Reserved.

First Multiple Listing Service (FMLS)

Listings identified with the FMLS IDX logo come from FMLS and are held by brokerage firms other than the owner of this website. The listing brokerage is identified in any listing details. Information is deemed reliable but is not guaranteed. If you believe any FMLS listing contains material that infringes your copyrighted work please click here to review our DMCA policy and learn how to submit a takedown request. ©2023 First Multiple Listing Service, Inc.

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Florida Gulf Coast MLS (SWFLMLS)

The information is being provided by Southwest Florida Multiple Listing Service. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2023 Southwest Florida Multiple Listing Service. All Rights Reserved.

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Greater Alabama MLS

The information is being provided by Greater Alabama Multiple Listing Service, Inc. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2023 Greater Alabama Multiple Listing Service, Inc. All Rights Reserved.

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Georgia MLS (GAMLS)

The data relating to real estate for sale on this web site comes in part from the Broker Reciprocity Program of Georgia MLS. Real estate listings held by brokerage firms other than Entera are marked with the Broker Reciprocity logo and detailed information about them includes the name of the listing brokers. Information deemed reliable but not guaranteed. Copyright 2023 Georgia MLS. All rights reserved.

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Greater Las Vegas Association of Realtors (GLVAR)

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The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange program of the Greater Las Vegas Association of Realtors MLS. Real estate listings held by brokerage firms other than this site owner are marked with the IDX logo. GLVAR deems information reliable but not guaranteed. Information provided for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Copyright 2023 of the Greater Las Vegas Association of Realtors MLS.

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Houston Association of Realtors

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Any estimate of value was prepared using automated processes and should not be considered a comparative market analysis (CMA) or appraisal. You may contact Entera to provide additional information and analysis for a more accurate estimate of the property's value.

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Heartland MLS

The information is being provided by Heartland Multiple Listing Service, Inc. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2023 Heartland Multiple Listing Service, Inc. All Rights Reserved.

As consideration for the right to search this website operated by (name of HMLS Participant) for properties for sale or lease, I/We ("User") agree to the following terms and conditions:

1. All data displayed on this website about properties for sale or lease are the proprietary asset of the Heartland Multiple Listing Service, Inc. ("HMLS"). HMLS owns all Intellectual Property Rights in and to such data, or the compilation of such data, including all copyright, patent, trade secret, or trademark rights. User will not contest HMLS' Intellectual Property Right claims, nor assist others in doing so. User agrees that in the event User infringes upon HMLS' Intellectual Property Rights in the property data displayed on this website, HMLS' remedies at law are inadequate, and that HMLS is entitled to temporary and permanent injunctive relief to prohibit such an infringement.

2. User agrees that User is a bona fide potential purchaser or lessee of property in the market area served by HMLS and (name of broker). User agrees that any search performed by User of properties available for sale or lease utilizing this website is solely for the purpose of identifying properties in which User has legitimate and bona fide interest in buying or leasing.

3. User agrees that User shall not use this website, or any of the property data accessible on this website, for any commercial or business purpose. User shall not sell, loan, exchange, or license, or otherwise retransmit the property data accessible on this website to any third party without the express written permission of HMLS and (name of broker).

4. User waives any and all claims for damages of any kind against HMLS or (name of broker) by reason of Users’ use of this website, or the property data available at this website, including, but not limited to actual, punitive, special, or consequential damages, or lost profits or unrealized savings.

5. This Agreement shall be governed by the laws of Kansas. User agrees that any suit to enforce this Agreement shall be brought in the state or federal courts having jurisdiction over Johnson County, Kansas. User waives any objection to the personal jurisdiction of such courts.

6. In the event a judgment is entered against User in any action by or against User to enforce the parties’ obligations under this Agreement, User shall pay the prevailing parties' attorney’s fees and costs incurred in the prosecution or defense of such action.

7. User acknowledges and agrees that HMLS is a third party beneficiary of this Agreement and both (name of broker) and HMLS shall each have the authority to enforce its terms against User.

Memphis MLS

Copyright© 2023 Memphis Area Association of REALTORS®. This information is provided exclusively for consumers’ personal, non-commercial use, and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing, and the data is deemed reliable but is not guaranteed accurate by the MLS. Some or all of the listings displayed may not belong to the firm whose website is being visited.

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Mid America Realty Information Service (MARIS)

The information is being provided by Mid America Regional Information Systems MLS. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2023 Mid America Regional Information Systems MLS. All Rights Reserved.

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Martin County Realtors of the Treasure Coast (MCRTC) (South Florida)

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The data relating to real estate for sale on this web site comes in part from a cooperative data exchange program of the Martin County REALTORS® of the Treasure Coast, Inc. Real estate listings held by brokerage firms other than Entera are marked with the IDX logo or name and detailed information about such listings includes the name of the listing brokers. Data provided is deemed reliable but is not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2023 Martin County REALTORS® of the Treasure Coast, Inc. All Rights Reserved.

Metropolitan Indianapolis Board of Realtors (MIBOR)

The information is being provided by Metropolitan Indianapolis Board of REALTORS®. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. © 2023 Metropolitan Indianapolis Board of REALTORS®. All Rights Reserved.

Northeast Florida MLS (NEFLMLS)

The information is being provided by Northeast Florida Multiple Listing Service, Inc. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. © 2023 Northeast Florida Multiple Listing Service, Inc. All Rights Reserved.

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North Texas Real Estate Information Systems (NTREIS)

Listing information provided in part by the North Texas Real Estate Information Systems, Inc, for personal, non-commercial use by viewers of this site and may not be reproduced or redistributed. All information is deemed reliable but not guaranteed. Copyright © NTREIS 2023. All rights reserved.

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Memphis & Jackson (MLS United)

Listing information provided in part by MLS United for personal, non-commercial use by viewers of this site and may not be reproduced or redistributed. All information is deemed reliable but not guaranteed. Copyright © MLS United 2023. All rights reserved.

Realtracs MLS

The information is being provided by MTRMLS, Inc. Properties marked with the MTRMLS logo are provided courtesy of the RealTracs Internet Data Exchange Program. Information Is Believed To Be Accurate But Not Guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2023 MTRMLS, Inc. All Rights Reserved.

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Metrolist, Inc. (REColorado)

The content relating to real estate for sale in this Web site comes in part from the Internet Data eXchange (“IDX”) program of METROLIST, INC., DBA RECOLORADO® Real estate listings held by brokers other than Entera are marked with the IDX Logo. This information is being provided for the consumers’ personal, non-commercial use and may not be used for any other purpose. All information subject to change and should be independently verified.

This publication is designed to provide information with regard to the subject matter covered. It is displayed with the understanding that the publisher and authors are not engaged in rendering real estate, legal, accounting, tax, or other professional services and that the publisher and authors are not offering such advice in this publication. If real estate, legal, or other expert assistance is required, the services of a competent, professional person should be sought.
The information contained in this publication is subject to change without notice. METROLIST, INC., DBA RECOLORADO MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THIS MATERIAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. METROLIST, INC., DBA RECOLORADO SHALL NOT BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR ANY DAMAGES IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF THIS MATERIAL.
PUBLISHER'S NOTICE:
All real estate advertised herein is subject to the Federal Fair Housing Act and the Colorado Fair Housing Act, which Acts make it illegal to make or publish any advertisement that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.
METROLIST, INC., DBA RECOLORADO will not knowingly accept any advertising for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

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ALL RIGHTS RESERVED WORLDWIDE. No part of this publication may be reproduced, adapted, translated, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. The information contained herein including but not limited to all text, photographs, digital images, virtual tours, may be seeded and monitored for protection and tracking.

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San Antonio Board of REALTORS® (SABOR MLS)

The information is being provided by SABOR MLS. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. The SABOR does not guarantee or is in any way responsible for its accuracy. All data is provided ‘AS IS’ and with all faults. Data maintained by the SABOR MLS may not reflect all real estate activity in the market. Copyright 2010 San Antonio Board of REALTORS©. All Rights Reserved.

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Space Coast MLS (SCMLS)

© 2023 Space Coast Association REALTORS®. All rights reserved. The data relating to real estate shown on this website comes in part from the Internet Data Exchange (IDX) program of Space Coast Association of REALTORS®, Inc. IDX information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. All data is deemed reliable but is not guaranteed accurate.

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Southeast Florida MLS (SEFMLS)

The information is being provided by Southeast Florida Multiple Listing Service. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2023 Southeast Florida Multiple Listing Service. All Rights Reserved.

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My Florida Regional MLS DBA Stellar MLS

The information being provided by My Florida Regional MLS DBA Stellar MLS is for the consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties the consumer may be interested in purchasing. Any information relating to real estate for sale referenced on this web site comes from the Internet Data Exchange (IDX) program of My Florida Regional MLS DBA Stellar MLS. Real estate listings held by brokerage firms other than this site owner are marked with the IDX/MLS logo. Information deemed reliable but is not guaranteed accurate by My Florida Regional MLS DBA Stellar MLS.

Triangle Multiple Listing Service (TMLS)

© 2023 Triangle MLS, Inc. of North Carolina. All rights reserved. The data relating to real estate for sale on this web site comes from the Internet Data Exchange™ Program of the Triangle MLS, Inc. of Cary. Real estate listings held by brokerage firms are marked with the Internet Data Exchange™ logo or the Internet Data Exchange™ thumbnail logo (TMLSIDX) and detailed information about them includes the name of the listing firms.

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Realtor Association of Greater Fort Myers and the Beach, Inc (FORTMLS)