Terms of service

Terms of Service

Effective Date: January 7, 2025
Last Updated: January 7, 2025

These Terms of Service ("Terms") govern your access to and use of services provided by Aerie Realty LLC, a licensed real estate brokerage in the State of Georgia (Firm License #H78871).

Business Address:
2566 Shallowford Rd, Ste 104-131
Atlanta, GA 30345

1. Acceptance of Terms

By accessing our website, using our services, or engaging with our content, you agree to these Terms in full. If you disagree with any part of these Terms, you must discontinue use immediately.

These Terms apply to all users including visitors, clients, prospective clients, and third-party service providers.

2. Eligibility and User Requirements

Age Requirement
• You must be at least 18 years old to use our services
• Users under 18 require parental or guardian consent

Prohibited Uses
You may NOT use our services to:
• Violate any local, state, or federal law
• Engage in fraudulent or deceptive practices
• Infringe on intellectual property rights
• Transmit malicious code or interfere with site functionality
• Harvest or collect user information without consent
• Misrepresent your identity or affiliation

3. Real Estate Services and Relationships

Brokerage Relationship Disclosure
As required by Georgia law, you acknowledge that:

Consultation Services
• Initial consultations do not create a client relationship
• Representation requires a signed brokerage agreement
• We may represent buyers, sellers, or act as transaction brokers

Agency Relationships
• Client relationships are established through written agreement only
• We owe fiduciary duties only to clients under signed agreements
• Information shared before formal engagement may not be confidential

Referrals and Third Parties
• We may refer you to other professionals (lenders, inspectors, attorneys)
• We do not guarantee or warrant third-party services
• You are responsible for vetting all service providers

4. Property Information and Listings

Accuracy Disclaimer
Property information is provided for general informational purposes only:
• Listings may contain errors or become outdated
• Square footage, tax data, and property details are approximate
• Information is derived from sources believed reliable but not guaranteed
• MLS data is subject to errors and omissions
• Property availability changes without notice

Independent Verification Required
You must:
• Verify all information independently
• Conduct due diligence before making decisions
• Obtain professional inspections and appraisals
• Review all documents with qualified legal counsel

5. Intellectual Property Rights

Our Content
• All website content, branding, and materials are owned by Aerie Realty LLC
• You may not reproduce, distribute, or create derivative works without written permission
• Unauthorized use may result in legal action

User-Generated Content
• You retain ownership of content you submit
• You grant us a license to use submitted content for business purposes
• You warrant that submitted content does not violate any rights

6. Limitation of Liability

To the fullest extent permitted by Georgia law:

No Warranties
• Services are provided "as is" without warranties of any kind
• We do not guarantee specific outcomes or results
• Website functionality may be interrupted or contain errors

Damages Limitation
• We are not liable for indirect, incidental, or consequential damages
• Our liability is limited to amounts you paid for services (if any)
• This includes loss of profits, data, or business opportunities

Exceptions
• Nothing limits liability for gross negligence, fraud, or willful misconduct
• Georgia Real Estate License Law obligations remain in effect

7. Indemnification

You agree to indemnify and hold harmless Aerie Realty LLC, its brokers, agents, and employees from:
• Claims arising from your use of our services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your negligent or unlawful conduct

8. Georgia Real Estate Law Compliance

Licensed Activity
As a Georgia-licensed brokerage, we operate under:
• Georgia Real Estate License Law (O.C.G.A. § 43-40-1 et seq.)
• Georgia Real Estate Commission Rules and Regulations
• Federal Fair Housing Act and state fair housing laws
• Equal opportunity and anti-discrimination requirements

Disclosure Requirements
• Material facts about properties must be disclosed when known
• Agency relationships are disclosed in accordance with Georgia law
• All agreements must be in writing to be enforceable

9. Electronic Communications and Signatures

You consent to:
• Receive communications electronically
• Electronic signatures on agreements and disclosures
• Digital delivery of documents and notices

Electronic records satisfy legal requirements for written documents under the E-SIGN Act and Georgia law.

10. Dispute Resolution

Governing Law
These Terms are governed by Georgia law without regard to conflict of law provisions.

Jurisdiction and Venue
Disputes shall be resolved in the state or federal courts located in DeKalb County, Georgia.

Arbitration (Optional)
• Disputes may be resolved through binding arbitration
• Arbitration conducted under American Arbitration Association rules
• You waive the right to participate in class actions

11. Modifications to Terms

We reserve the right to modify these Terms at any time.

Notice of Changes
• Updated Terms will be posted with a new "Last Updated" date
• Material changes will be communicated via email or website notice
• Continued use after changes constitutes acceptance

Your Responsibility
Review Terms periodically to stay informed of updates.

12. Termination

Our Rights
We may terminate or suspend your access immediately for:
• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Any reason at our sole discretion

Effect of Termination
• Your right to use our services ends immediately
• Provisions that should survive termination remain in effect
• Outstanding obligations remain enforceable

13. Severability

If any provision is found unenforceable, remaining provisions continue in full effect. Unenforceable provisions will be modified to the minimum extent necessary to make them enforceable.

14. Entire Agreement

These Terms, together with our Privacy Policy and any signed agreements, constitute the entire agreement between you and Aerie Realty LLC regarding use of our services.

15. Contact Information

Questions about these Terms:

Aerie Realty LLC
Georgia Firm License #H78871
2566 Shallowford Rd, Ste 104-131
Atlanta, GA 30345

Email: [email protected]
Phone: 678-775-8108

Complaints or Licensing Issues:

Georgia Real Estate Commission
Suite 1000, International Tower
229 Peachtree Street NE
Atlanta, GA 30303-1605
Phone: (404) 656-3916