Terms of service
Terms of Service
Effective Date: January 7, 2025
Last Updated: March 23, 2026
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• Listings may contain errors or become outdated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
16. DIGITAL TOOLS AND AI-GENERATED CONTENT
Effective Date of This Section: March 23, 2026
Last Updated: March 23, 2026
This Section governs your use of all interactive digital tools, calculators, assessments, and AI-assisted features offered by Aerie Realty LLC, including but not limited to the Seller Pricing Tool, Property Wealth Score, Home Buying Readiness Assessment, and any other tools hosted on aerierealtycompany.com or affiliated pages (collectively, "Digital Tools").
16.1 Acceptance — Clickwrap Requirement
By clicking "I Agree" or clicking the designated acceptance button displayed on the Digital Tool entry screen, you acknowledge that you have read, understood, and agree to be bound by this Section 16 in its entirety. By clicking "I Agree," you also represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you do not agree, do not use the Digital Tools.
Use of a Digital Tool without affirmative acceptance does not constitute agreement to these Terms for purposes of the limitation of liability, class action waiver, or TCPA consent provisions of this Section.
If Aerie Realty LLC materially amends this Section 16, continued use of the Digital Tools following notice of such amendment will require a new affirmative acceptance. Aerie Realty LLC will provide notice of material amendments by email and website notification at least 14 days before the amendment takes effect.
16.2 Nature of Digital Tool Outputs
All outputs generated by the Digital Tools — including estimated price ranges, readiness scores, wealth scores, ADU opportunity flags, and property analyses — are provided for informational and educational purposes only.
These outputs:
• Do NOT constitute an appraisal, broker price opinion (BPO), or comparative market analysis (CMA) under O.C.G.A. § 43-40-1 et seq.
• Do NOT constitute legal, financial, tax, or investment advice
• Do NOT represent a formal market evaluation or professional property assessment
• Are NOT guaranteed to be accurate, complete, or current
• Are based in part on self-reported information and publicly available data that may be outdated or incomplete
A clear and conspicuous summary of this disclaimer appears on every tool output screen, with a link to these complete Terms. The accuracy of any output is directly dependent on the accuracy of user-submitted inputs. Aerie Realty LLC is not responsible for inaccuracies in Digital Tool outputs that result from false, incomplete, or misleading information submitted by the user.
You acknowledge that all Digital Tool outputs require independent verification by qualified professionals before any real estate decision is made.
16.3 AI-Assisted Outputs
Certain Digital Tools utilize artificial intelligence (AI) to generate personalized analysis, narrative summaries, or recommendations based on user-submitted data. You acknowledge that:
• AI-generated content may contain errors, omissions, or inaccuracies
• AI outputs do not reflect the professional judgment of a licensed real estate agent or broker
• Aerie Realty LLC does not warrant the accuracy, completeness, or fitness for purpose of any AI-generated content
• AI-generated outputs should not be relied upon as the sole basis for any real estate, financial, or legal decision
• Where AI is used, the tool output screen will identify that AI assistance was used in generating the output, consistent with FTC guidance on AI disclosure adequacy under 15 U.S.C. § 45
Aerie Realty LLC reserves the right to review, modify, or withhold any AI-generated output prior to delivery to the user. The decision to deliver, modify, or withhold an output is made at Aerie Realty LLC's sole discretion and does not create any obligation to deliver a specific result or output.
16.4 Pricing Estimates and Market Data
Estimated price ranges produced by the Digital Tools are derived from publicly available market data including county tax records, publicly available sales data, and general market averages, and are updated no less frequently than every 90 days. These estimates:
• Do not reflect real-time MLS data or current listing activity
• May not account for property-specific conditions not disclosed by the user
• Represent directional ranges only — not binding offers, valuations, or guarantees of sale price
• May differ materially from an independent appraisal or formal CMA
• Should be verified against current market conditions if generated from data older than 90 days
Marketing language used by Aerie Realty LLC to promote the Digital Tools — including on aerierealtycompany.com, affiliated pages, social media accounts, email marketing, and third-party advertising platforms — will not use the words "accurate," "precise," "professional," or "market value" without appropriate qualification, consistent with GREC Rule 520-1-.09 and the FTC's net-impression standard under 15 U.S.C. § 45.
Aerie Realty LLC expressly disclaims liability for any loss, damage, or adverse outcome arising from reliance on estimated price ranges generated by the Digital Tools.
16.5 No Broker-Client Relationship
Use of any Digital Tool does not create a broker-client relationship between you and Aerie Realty LLC. No fiduciary duty, agency relationship, or obligation of representation is created by accessing or completing any Digital Tool. Formal representation requires a signed brokerage engagement agreement as required under Georgia law.
If you subsequently enter into a formal brokerage engagement agreement with Aerie Realty LLC, the terms of that agreement will govern the representation relationship. Prior use of the Digital Tools does not create, modify, or affect any term of a subsequent brokerage engagement. Agency disclosures required under O.C.G.A. § 43-40-25 will be provided at the time of formal engagement.
16.6 TCPA Consent and Electronic Communications
By submitting your name, phone number, email address, or any other contact information through a Digital Tool, you expressly and specifically consent to:
• Receive calls, text messages, and emails from Aerie Realty LLC — and only from Aerie Realty LLC — regarding your submission and related real estate services. This consent is granted on a one-to-one basis as required by 47 C.F.R. § 64.1200 (as amended effective January 27, 2025) and may not be shared with, sold to, or used by any third party.
• Communications delivered by automated telephone dialing systems, artificial or prerecorded voice messages, and automated text messaging platforms
• Message and data rates may apply depending on your carrier and plan
This TCPA consent is logically and visually separate from acceptance of the general Terms of Service. Checking this consent box constitutes your prior express written consent under the TCPA, 47 U.S.C. § 227.
You may opt out of text communications at any time by replying STOP to any text message from Aerie Realty LLC. SMS opt-out requests will be processed promptly and no later than 10 business days from receipt. You may opt out of email communications by following the unsubscribe instructions in any email from Aerie Realty LLC. All opt-out requests will be recorded in Aerie Realty LLC's internal Do-Not-Call list.
Your consent is NOT a condition of any purchase, service, or real estate transaction.
Aerie Realty LLC maintains records of all TCPA consents including timestamp, IP address, consent language version, and the specific form on which consent was obtained, for a minimum of four (4) years from the date of each consent.
16.7 Data Collection, Use, and Privacy
(a) By using the Digital Tools, you acknowledge that Aerie Realty LLC collects personal information you submit, including your name, contact information, property address, and self-reported financial information, for the purpose of operating the Digital Tools and providing follow-up real estate services.
(b) Your personal information is processed in accordance with Aerie Realty LLC's Privacy Policy, available at aerierealtycompany.com/privacy-policy, which is incorporated herein by reference.
(c) Age Requirement. You represent that you are at least 18 years of age. The Digital Tools are not directed to, and Aerie Realty LLC does not knowingly collect personal information from, individuals under the age of 18 (COPPA, 15 U.S.C. § 6501 et seq.). If you are under 18, do not use the Digital Tools.
(d) Data Breach Notification. In the event of a breach of the security of personal information collected through the Digital Tools, Aerie Realty LLC will provide notification as required by O.C.G.A. § 10-1-910 et seq. within 30 days of discovery.
(e) Third-Party Processors. Aerie Realty LLC may share your information with third-party service providers who assist in operating the Digital Tools, subject to confidentiality obligations. Aerie Realty LLC does not sell your personal information to third parties for their own marketing purposes.
(f) Financial Information. If you submit income, debt, credit, or financing information through the Home Buying Readiness Assessment or any other Digital Tool, such information is subject to applicable federal financial privacy laws including the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq.
16.8 Intellectual Property Protection
All methodologies, scoring frameworks, algorithms, question flows, analytical logic, prompt structures, and output formats used in the Digital Tools are proprietary to Aerie Realty LLC and constitute trade secrets and copyrightable works under applicable law. You may not:
• Reproduce, reverse-engineer, copy, or distribute any Digital Tool or its underlying methodology
• Use any Digital Tool output for commercial purposes without written permission
• Represent Digital Tool outputs as independently derived analysis
Unauthorized use may result in legal action under applicable intellectual property and trade secret laws.
16.9 Limitation of Liability for Digital Tools
(a) Basis of Bargain. You acknowledge that the limitations of liability set forth in this Section 16.9 reflect a reasonable allocation of risk and form an essential basis of the agreement between you and Aerie Realty LLC. The Digital Tools are provided at no charge, and this limitation of liability is part of the consideration for that access.
(b) Liability Cap. To the fullest extent permitted by Georgia law, Aerie Realty LLC's total liability to you for any claim arising from your use of the Digital Tools shall not exceed fifty dollars ($50.00), regardless of the theory of liability and even if Aerie Realty LLC has been advised of the possibility of such damages.
(c) Exclusion of Consequential Damages. Aerie Realty LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or reliance on any Digital Tool output, including without limitation any real estate decision made in whole or in part based on Digital Tool outputs.
(d) Exceptions. Nothing in this Section limits Aerie Realty LLC's liability for gross negligence, fraud, or willful misconduct, or for obligations arising under the Georgia Real Estate License Law.
(e) Class Action Waiver. To the fullest extent permitted by law, you waive any right to bring or participate in a class action, class arbitration, or representative action arising from your use of the Digital Tools. All claims must be brought on an individual basis.
16.10 Governing Law
This Section 16 is governed by the laws of the State of Georgia, consistent with Section 10 of these Terms of Service. Any disputes arising from the use of Digital Tools shall be resolved in the state or federal courts located in DeKalb County, Georgia.