ENRG Realty Terms of Use

Last Updated: March 1, 2025

1. Welcome to ENRG Realty

  1. Agreement to Terms
    These Terms of Use (together with our Privacy Policy and any other terms expressly referenced herein, the “ENRG Agreements”) form a legally binding contract between you and ENRG Realty. By accessing or using our websites, mobile applications, real estate services, or any other products and services we offer (collectively, the “Services”), you agree to all of these Terms. If you do not agree, you must stop using our Services immediately.

  2. Who We Are
    ENRG Realty LLC (collectively, “ENRG,” “we,” “us,” or “our”) is a technology-powered real estate brokerage. We operate through a network of independent contractor real estate agents (each, an “Agent”), subsidiaries, and affiliated entities.

  3. Modifications
    We may revise these Terms at any time. If we make material changes, we will notify you (e.g., by posting a notice on our website or sending you an email if we have your contact details). Your continued use of the Services after such notice confirms your acceptance of the revised Terms.

2. ENRG Realty Services

  1. Nature of Our Services
    ENRG offers real estate brokerage services, including facilitating the purchase, sale, and lease of real property. We also provide online platforms where you can view listings, request tours, engage with an Agent, or otherwise explore real estate information.

  2. Independent Contractor Agents
    Our licensed real estate Agents are independent contractors. Unless expressly stated, nothing in these Terms should be interpreted to create an agency, partnership, or joint venture relationship between ENRG and its Agents beyond standard brokerage affiliation. If you choose to work with one of our Agents, the specifics of that relationship will be governed by separate agreements (e.g., listing agreements, buyer representation agreements, etc.).

  3. No Guarantee
    We do not guarantee any specific result, such as the sale or rental of a property at a particular price or within a particular time, or the success of any transaction. All transactions are subject to market conditions, third-party involvement (e.g., lenders, inspectors, appraisers), and other factors.

3. Eligibility; Access to the Services

  1. Age and Authority
    By using our Services, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction), and that you have the legal capacity to enter into these Terms.

  2. Territorial Restrictions
    The Services are directed to individuals and entities in the United States where ENRG is licensed or otherwise permitted to conduct real estate brokerage activity. If you access our Services from outside the U.S., you agree to comply with all local rules and regulations regarding online conduct and acceptable content.

  3. Account Registration
    Certain features (e.g., saving property searches, scheduling showings, posting comments) may require you to create an account (“Account”). You agree to:

    • Provide accurate and complete registration information,

    • Maintain and update such information as needed,

    • Protect your login credentials and promptly notify us if you suspect unauthorized access, and

    • Take responsibility for all activities under your Account, whether authorized by you or not.

  4. Account Suspension/Termination
    We may suspend or terminate your access or Account at any time, with or without notice, for any violation of these Terms or if we believe your actions may cause harm or liability.

4. Intellectual Property

  1. Ownership
    Unless otherwise indicated, ENRG (or our licensors) owns all content, software, text, logos, graphics, designs, images, photographs, video, audio, data compilations, and other materials available on or through our Services (collectively, the “Content”).

  2. License to You
    We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Content and Services solely for your personal, non-commercial real estate needs. Any unauthorized reproduction, distribution, modification, or derivative use of the Services or Content is prohibited.

  3. Trademarks
    ENRG’s logos, service marks, and any other brand identifiers are trademarks of ENRG. You may not use them without our prior written permission. Other trademarks that appear on the Services may belong to third parties.

  4. User-Provided Content

    • Definition: “User Content” refers to any text, images, data, reviews, feedback, or other materials that you submit or post using the Services.

    • License: By submitting User Content, you grant ENRG an unrestricted, worldwide, royalty-free, perpetual, and irrevocable license to host, use, copy, distribute, modify, and publicly display such User Content in connection with operating and improving our Services.

    • Your Warranty: You represent and warrant that you own or have the necessary rights to upload or share such User Content, and that posting it does not violate any law or third-party rights.

5. Property Listings and MLS Data

  1. MLS and Third-Party Data
    Many property listings on our Services come from third-party sources such as multiple listing services (MLS), property owners, or other brokers. While we strive to keep such information accurate, we do not guarantee its correctness or completeness. Property listings may be subject to changes or withdrawal without notice.

  2. Use of Listing Information

    • The listing data provided is for personal, non-commercial use by consumers searching for property.

    • You agree not to reproduce, sell, or otherwise misuse MLS listing information.

    • Specific MLS disclosures and disclaimers may apply; your use of such listings may be subject to MLS rules.

  3. Fair Housing Compliance
    We are committed to Equal Housing Opportunity. We do not discriminate based on race, color, religion, sex, handicap/disability, familial status, national origin, or any protected class under federal, state, or local law. You agree to comply with all fair housing laws and refrain from discriminatory practices when using the Services.

6. Prohibited Uses

By using our Services, you agree not to:

  1. Interfere with Operations

    • Tamper with security measures, circumvent authentication, or disrupt the normal flow of data in any manner.

    • Attempt unauthorized access to our servers, databases, or services.

  2. Scrape or Harvest Data

    • Employ bots, spiders, or other automated tools to extract data from the Services without our express written permission.

    • Collect personal data of other users (including email addresses) without authorization.

  3. Post Unlawful or Harmful Content

    • Upload or share content that is false, defamatory, obscene, abusive, threatening, harassing, or that violates any law or infringes upon another’s rights.

  4. Distribute Malware

    • Transmit viruses, Trojan horses, spyware, or other malicious code through the Services.

  5. Conduct Unauthorized Commercial Activities

    • Resell or exploit any portion of the Services without prior consent.

    • Create derivative services or websites using the Services’ content or look-and-feel.

7. Communications and Electronic Signatures

  1. Consent to Electronic Communications
    By using the Services, you agree that we may send you electronic communications (e.g., email, SMS, in-app messages) regarding your account, transactions, or relevant updates. If you wish to opt out of non-transactional messages, you can follow unsubscribe instructions or adjust preferences in your account settings.

For SMS communications, by agreeing to receive messages from ENRG Realty, you understand that:

  • We send SMS messages to provide you with updates and relay requested information related to our services.

  • Message frequency varies

  • Message/data rates may apply

  • To stop receiving messages, reply with STOP

  • For assistance, reply with HELP

  1. Electronic Signatures
    Certain Services may allow for electronic document signing (e.g., real estate contracts, disclosures). You agree that your electronic signature is legally binding and has the same force and effect as your handwritten signature, subject to applicable law.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INFORMATION PROVIDED (“CONTENT”) ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  • We do not represent or warrant that the Services will be uninterrupted, secure, virus-free, or error-free.

  • We do not guarantee the accuracy or reliability of any listings, data, or third-party information made available through the Services.

  • You assume all responsibility and risk for your use of the Services and reliance on any Content.

9. Limitation of Liability

  1. No Indirect Damages
    TO THE MAXIMUM EXTENT ALLOWED BY LAW    , ENRG (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  2. Cap on Liability
    IN NO EVENT WILL ENRG’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID ENRG, IF ANY, IN THE PRECEDING SIX (6) MONTHSFOR THE APPLICABLE SERVICE GIVING RISE TO THE CLAIM, OR (B) $100.

  3. Some Jurisdictions
    Certain states do not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless ENRG and its officers, directors, employees, agents, and affiliates from and against any third-party claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your:

  • Use of the Services,

  • Violation of these Terms,

  • Violation of any law or regulation,

  • Infringement or misappropriation of the rights of any third party.

11. Dispute Resolution

  1. Informal Resolution
    In the event of a dispute, claim, or controversy, you agree to first contact ENRG at legal@enrg.realty to attempt to resolve the issue informally.

  2. Arbitration Agreement
    Except where prohibited by law    , any dispute arising from or relating to these Terms or your use of the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court.

  3. Class Action Waiver
    All disputes will be conducted on an individual basis, and you hereby waive any right to bring or participate in a class action against ENRG. The arbitrator may not consolidate the claims of multiple parties.

  4. Exceptions
    Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or in cases of unauthorized data use. You or ENRG may also choose to bring a claim in small claims court if that claim qualifies.

  5. Opt-Out
    You may opt out of binding arbitration within 30 days of first agreeing to these Terms by sending a written notice to legal@enrg.realty or mailing us at the address in Section 14. If you do not opt out, you are bound by this arbitration agreement.

12. Governing Law and Venue

These Terms and any related disputes are governed by federal law and, to the extent not preempted, by the laws of the State of Washington, without regard to its conflict-of-law principles. Except for disputes subject to arbitration, the exclusive jurisdiction for any legal action shall be the state and federal courts located in King County, Washington.

13. Termination and Survival

  1. Termination by ENRG
    We may terminate or suspend your access to the Services at any time, with or without notice, for any reason, including but not limited to your breach of these Terms.

  2. Termination by You
    You may stop using the Services at any time. If you wish to delete your Account, you can do so by contacting us at support@enrg.realty.

  3. Surviving Terms
    The provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law (and other provisions that, by their nature, should survive) shall survive any termination of these Terms or your use of the Services.

14. General Provisions

  1. Entire Agreement
    These Terms, together with our Privacy Policy and any additional agreements referenced herein, constitute the entire agreement between you and ENRG regarding your use of the Services and supersede all prior agreements.

  2. Severability
    If any portion of these Terms is deemed invalid or unenforceable, that provision shall be deemed severed, and the remainder shall remain in full force and effect.

  3. No Waiver
    Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

  4. Assignment
    You may not assign these Terms or any rights or obligations hereunder without ENRG’s prior written consent. ENRG may freely assign or transfer these Terms, in whole or in part, without restriction.

  5. Notices

    • To You: We may provide notices or messages by posting on our Services or emailing you at the email address on file.

    • To Us: Except as otherwise stated, you must provide notices to us in writing at ENRG Realty LLC, Attn: Legal Department, 2219 Rimland Drive, Suite 301, Bellingham, WA 98226, or by email to legal@enrg.realty.

  6. Relationship
    Nothing in these Terms creates any agency, employment, or joint venture relationship between you and ENRG. You acknowledge that you do not have authority to bind us in any respect.

  7. Force Majeure
    ENRG will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions.

15. Contact Information

If you have any questions, comments, or concerns about these Terms or the Services, please contact us: legal@enrg.realty