Terms and Conditions
Definitions of Terms

"Agent" or "Real Estate Agent" means a real estate broker, salesperson, agent, associate broker, or similar state licensed real estate professional.

"Buyer" or "Home Buyer" means a person who is buying or considering purchasing a property.

"Seller" or "Home Seller" means a person who is selling or considering the sale of a property.

"Client" is a User that has completed the registration process and has agreed to these Terms of Use.

"Prospective Purchaser or Seller" is an individual that expressed an immediate and genuine interest in the sale or purchase of real property.

“Our” means Zeuks and Zeuks approved agents involved in the transaction.

"User" means a person who is either a Buyer or a Seller who accesses the Website and otherwise utilizes the services of Zeuks.

"Website" means the Zeuks Internet website currently located at the URL address www.zeuks.com.

Terms of Use

1.    Registration. To register as a Client, the User must be eighteen (18) years of age or older.

2.    Use of Website. Users of the Zeuks Website agree to the following:
     2.1 The User must be a prospective purchaser or seller of real property in the geographic areas where Zeuks is operating with a bona fide interest in the purchase or sale of such real property.
     2.2 The User must (a) provide true, accurate, and current information; (b) maintain and update this information and ensure that it remains true, accurate, and current. By registering, the User consents to receive personalized emails, telephone calls and/or faxes from Zeuks.
     2.3 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 Zeuks by telephone, facsimile, email or chat before that User may access any password protected material including house listing data   or other data compilations. Zeuks reserves the right to deny or terminate access to any Real Estate Agent at its discretion.

3.    Client Agreements and Representations. Zeuks Clients agree to the following:
     3.1 Client agrees to provide his/her own access to the World Wide Web ("www") and pay any fees associated with such access.
     3.2 Client represents and warrants that he/she has not signed any agreement with a real estate broker or agent that would prevent the client from using a Zeuks approved agent as his or her sole and exclusive agent. Client does not have a contract or agreement with any third party that would interfere with Zeuks approved agent representation of client.
     3.3 Client agrees to limit their online search to houses or properties within their anticipated purchase ability or price range and to the properties that meet their other criteria.
     3.4 Client can contact the owner/seller of any property from information gained through the website. The Client may attend open houses & attempt to enter the property or speak with an owner/seller without an appointment set by Zeuks.
     3.5 Client agrees to abide by all copyright restrictions placed on the content of the Zeuks site including, but not limited to, any material or data compilations where Zeuks or others hold the copyright.
     3.6 The Client agrees that Broker may also represent other prospective buyers seeking to purchase properties that may meet Client's criteria.
     3.7 Client authorizes Zeuks and Zeuks approved agents 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.
     3.8 Client agrees to immediately notify Zeuks in the event that the Client enters into agreement with another broker.

4. Home Data. All home data provided is for the personal, sole and private, non-commercial use of the Client and not available for redistribution, retransmission or copying. The Client may not sell or use the website data for any purpose, other than the purpose of attempting to evaluate houses or properties for sale or purchase. User acknowledges that the individual multiple listing service (MLS), which supplies the listing data, owns such data and User acknowledges the validity of the MLS's copyright to such data.

5. Termination. Zeuks employees and Zeuks approved agents reserve the right to terminate User and/or Client access to the Website and/or cease doing business with any person who uses profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortious, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any Zeuks employee, agent, contractor or customer, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, Zeuks employees and Zeuks approved agents reserved the right to refuse to do business with any person at their discretion, consistent with local, state and federal fair housing and other laws.

6. Use of Website Content. You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the Zeuks website and any other content appearing on the Zeuks website, will remain the exclusive property of Zeuks and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Zeuks website, or any other content appearing on the Zeuks website. You may not copy or modify the HTML code used to generate web pages on the Zeuks website. You may not use the Zeuks website, or any other content appearing on the Zeuks website, on or in connection with any other website, for any purpose.

7. Rebate. A Rebate is available only to buyers who close escrow, proceed to final settlement with a Zeuks approved agent acting as their sole and exclusive selling agent in the purchase of real estate. Zeuks assigned agent's minimum fee is $4,000 for each real estate transaction.  Based on a 3% buy side commission, rebate breakdown is as follows:

Price of property        Rebate*
$49,999 or under       $0
$50,000-$99,999       $250**
$100,000-$149,999    $500**
$150,000-$249,999    1.00%
$250,000-$309,999    1.25%
$310,000-and above   1.50%
 
*The rebate amount is calculated on a 3% commission received by your appointed Zeuks agent and derived from the final closing setlement in the hud-1 statement. If the listing has a lower commission than 3% given to the Zeuks assigned agent the difference will be split between you and the Zeuks assigned agent, and deducted from the rebate amount (e.g. if a listing of $500,000  with a rebate of $7,500 only offers a compensation of 2% commission to your Zeuks assigned agent upon closing, you will split the 1% difference from $500,000 by half, which equals $2,500 and deduct the amount from the rebate, leaving you with a $5,000 rebate).
 
**Cash rebate applies only when your Zeuks assigned agent's commission is 3% or higher, if your assigned agents commission is lower than 3%, a cash rebate amount will not be given.

Note that the commission rebate that is shown on the Listing Search or Details page for a home assumes that the commission is 3%. Most commonly, commissions are 3%, but in many cases they might be lower. Because of MLS rules, we aren't allowed to display the real commission amount until you make an offer on the home. Occasionally, the seller and/or listing broker in a transaction will offer the broker representing the buyer a bonus or other additional incentive over and above the cooperating brokerage commission. Any such bonuses or other additional incentives are separate and apart from the cooperating brokerage commission actually received by the Zeuks assigned agent. Buyer is not entitled to a rebate on any bonus or other additional incentive monies paid to the Zeuks assigned agent over and above the cooperative broker commission. The rebate will be paid or credited to the party or parties named as the "buyer(s)" or "borrower(s)" on the HUD-1 Closing Statement or equivalent official closing statement. In the case of an IRC §1031 Tax Deferred Exchange ("Exchange"), the party named as the "buyer or borrower" is the Qualified Intermediary (the "Exchange Company") and the rebate will be paid or credited to the Exchange Company for the benefit of the party conducting the exchange (the "Exchanger"). All buyers, or in the case of any Exchange, the Exchanger must sign a Rebate Agreement before any rebate will be issued. This rebate program is only available where permitted under state and federal law and when not otherwise prohibited by the buyer's lender(s). There may be tax consequences to the rebate. If you need legal or tax advice, you should consult with the appropriate professional. Offer subject to conditions, limitations, exclusions, modifications, and/or discontinuation without notice.

8. Other Rules. You agree to comply with Zeuks’ Site Rules, which are incorporated into this Agreement, and with all laws and regulations applicable to your access and use of Zeuks’ website and publishing your content. You may not harvest personal data (including email addresses) from the Zeuks website, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Zeuks has no obligation to monitor your access to or use of the Zeuks website, but has the right to do so for the purpose of operating the Zeuks website, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Zeuks website or collect information from it.

9. No Warranty. Zeuks disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortuous behavior, negligence or any other cause of action.

10. Limitation of Liability. To the extent permitted by applicable law, neither Zeuks nor any of its directors, employees, contractors,approved agents, successors, assigns, affiliates, or content or service providers shall be liable to Client, User or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this service or inability to gain access to or use this service or out of any breach of any warranty, even if Zeuks has been advised of the possibility of such damages.

11. Indemnity. By choosing to use the Zeuks website, you agree to indemnify Zeuks, its approved agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through Zeuks; or of your use of or connection to the Zeuks website; your violation of the User Agreement; or, your violation of any rights of another.

12. Integration. This Agreement, Zeuks Site Rules (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.

13. Acknowledgement of Consumer-Broker Relationship. By agreeing to these Terms of Use, Client acknowledges entering into a lawful consumer-broker relationship as may be defined under state law.

14. Agreement to Terms. By agreeing to these Terms of Use, User acknowledges that they have read this Agreement and the Zeuks Site Rules and agree with the terms set forth therein.