Terms & Conditions

Last Updated: 1/25/2022

The following Terms & Conditions ("Terms of Use") govern your use of this website. If you do not acknowledge, accept and agree to be bound by and comply with these Terms of Use, you may not access or otherwise use this website.

Please be advised that this website contains hyperlinks to visit websites that may or may not be affiliated with BCAdobeRealty.com ("Broker"), and may be governed by different terms and conditions and/or terms of use. Access to and use of the information contained within any third-party websites are governed and regulated by the terms and conditions, terms of use and privacy policies of each respective website, rather than by these Terms of Use or the privacy policy of this website.

By Accepting the Terms of Use, all registrants ("Registrant" or "User"), including you, understand that these Terms of Use do not create or impose any financial obligation on such Registrants, and Broker shall not be deemed to represent such Registrants in the sale, purchase, development, investment or lease of an individual real property solely by virtue of their acceptance of these Terms of Use.

Privacy.

All Users (including you) accept our Privacy Policy, which is incorporated by reference herein.

Relationship.

All Registrants acknowledge and agree that they are entering into a lawful consumer-broker relationship with Broker. All Registrants (including you) also acknowledge and agree that they are at least eighteen (18) years of age and will act in accordance with these Terms of Use at all times.

Copyright.

All Registrants (including you) and other users of this website acknowledge and agree that all databases, website design, page layouts, graphic and other designs, HTML code, trademarks, trade secrets, website content, services, functions, and other intellectual property incorporated in, appearing on or accessed through this website (collectively, "Our Content") are proprietary, original works that are owned by Broker, BC Adobe Realty ("BCAR"), or their respective officers, members, directors, brokers, employees, agents, vendors, contractors, affiliates, or content or service providers. All other website content, including (without limitation) the property listings provided by cooperating members of Las Vegas REALTORS® ("LVR") and related text, data, photographic images, floor plans, video clips and/or illustrations, are owned by the applicable brokerage firms, LVR, vendors, suppliers, third-party content providers or others (collectively, "Third Party Content") (Third Party Content, together with Our Content, is hereinafter collectively referred to as "Content"). Your use of this website, the Content, and all information incorporated in, appearing on or accessed through, acquired by or through this website, together with all related information, content and/or materials (collectively, the "Website") does not grant to you ownership of or a license to use or distribute any Content or any portion of the Website. The Website and all of its Content are protected by and subject to all applicable United States and international copyright, trademark, patent, trade secret and intellectual property laws, and your use of the Website is subject at all times thereto. BC Adobe Realty respects the intellectual property rights of others, and intends to comply with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers at all times. If you believe that anything appearing on, incorporated in or accessed through the Website violates any applicable United States or international copyright laws, please notify the Broker at the following address:

BC Adobe Realty
Attn: Rhonda Sledge
406 Nevada Way
Boulder City, NV 89005

Usage.

This Website is solely intended for the personal, non-commercial use of individual users who have a legitimate interest in the purchase or sale of the type of real estate depicted on, accessed through, or incorporated in the Website. No person or entity, including (without limitation) any real estate broker or other real estate professional, may market, sell, copy, re/distribute, export, license, transfer, re/publish, display, re/transmit, download, store, post, modify, enter into any database or in any way use or exploit the Content or any other portion of the Website, in whole or in part, other than in connection with a User's potential purchase, sale, development or investment of an individual property. No Registrant or other user of the Website may use the Website for any purpose that is prohibited by applicable law or these Terms of Use, including (without limitation) any discriminatory, defamatory or obscene use.

No Registrant or other user of the Website (including you) may: (a) take, facilitate, cause or allow any action that imposes an unreasonable load on the Website's infrastructure, including (without limitation) "spam" or any other such unsolicited mass e-mailing techniques; (b) disclose, use, facilitate, or cause or allow to be disclosed or used, any user names and/or passwords for any unauthorized purpose; (c) use, facilitate or cause or allow to be used any robot, spider, intelligent agent, or other automatic device or manual process to search all or any portion of the Content. Any such action may result in civil and/or criminal penalties, and Broker and BCAR expressly reserve all of their respective rights, remedies, claims and defenses in connection therewith. Each Registrant (including you) and all other users of the Website acknowledge and agree that duly authorized representatives of LVR may access portions of the Content in order to verify compliance with (i) applicable LVR rules and policies; and (ii) the provisions of certain agreements by which Broker and LVR are bound.

Liability.

In no event shall Broker, BC Adobe Realty, or their respective officers, members, employees, brokers, agents, vendors, contractors, affiliates, other representatives, content or email service providers be liable under any legal argument (whether in contract or otherwise) for any direct or indirect, incidental, special, punitive or other damages whatsoever arising out of or in any way connected to the use or performance of any portion of the Website, nor any other damages arising out of or in any way connected with your use of any portion of the Website and/or any information incorporated in, appearing on, accessed through, or acquired by or through the Website or your use thereof, including (without limitation) search and other results, third party links, content or other features or information that may be obtained via the Website, even if such party has been advised that such party may suffer such damages, costs or fees.

Warranty.

The Website, and all portions thereof, is provided on an "as is" basis, without any express or implied warranty of any kind, including (without limitation) title, fitness (for a/any particular purpose), non-infringement, availability, and those arising by statute, or otherwise in law, or usage of trade, all of which are expressly disclaimed by Broker and BCAR. The Website and all of the information it contains is subject to errors, omissions, prior sale, modification, amendment, update, supplement, revision and/or withdrawal without notice to you (or any other Registrant or User) or any obligation of Broker or BCAR. Broker does not make any representations or warranties of any kind, express or implied, regarding the search or other results or information that may be obtained via the Website. Your use of the Website, including (without limitation) any information, content or service incorporated in, appearing on, accessed through, acquired by or through your use of the Website, is always at your own risk. Neither Broker, BCAR, third parties, their respective officers, members, employees, brokers, agents, vendors, contractors, affiliates, or any other representatives, or any other person or entity represents or warrants that the functionality of the Website (or any portion thereof) will be uninterrupted or error-free, that any defects can or will be corrected, that the server on which the Website (or any portion thereof) is hosted or made available, and/or emails are transmitted, will be free of viruses or other harmful components. You hereby expressly agree: (i) to assume all risks in connection with your use of the Website, and (ii) to assume all obligations, responsibility and liability for any servicing, damage or repair of any computer and related system or systems that arises out of or is in any way connected to your use of the Website and any information incorporated in, appearing on, accessed through, or acquired by or through the Website, including (without limitation) responsibility and liability for all costs, damages, fees and other injuries incurred by any person or entity in connection therewith.

Indemnification.

You agree to indemnify, defend and hold harmless Broker, BC Adobe Realty, and their respective officers, members, employees, brokers, agents, vendors, contractors, affiliates, other representatives and vendors from and against all losses, expenses, damages, injuries, fees and costs including (without limitation) attorney's fees arising out of or in any way connected to your use of any portion of the Website and/or any information incorporated in, appearing on, accessed through, or acquired by or through the Website or your use thereof.

Modification.

Broker reserves the right, at its sole discretion, to amend, supplement, alter, update, revise or otherwise modify these Terms of Use at any time, without notice to you or any other Registrant or User of the Website, or any liability, obligation or responsibility in connection therewith. Acceptance of these Terms of Use, you and all Registrants and Users of the Website expressly accept all such modifications, which shall be immediately valid, binding and effective.

Termination.

Broker reserves the right, without notice to you or any other Registrant or User of the Website, or any liability, obligation or responsibility in connection therewith, to restrict, suspend, modify or terminate your account and/or your right to access the Website, at any time and for any reason.

Clauses.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Nevada, without reference to its principles with respect to conflict of laws. You hereby submit to the jurisdiction of the state and federal courts located in the State of Nevada in any action, suit or proceeding. If any provision of these Terms of Use shall be deemed invalid or unenforceable, the remainder of these Terms of Use shall not be affected thereby, and all other provisions of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law.

Disclosures.

NEVADA STATE DISCLOSURES FOR BUYERS AND SELLERS.

THIS IS NOT A CONTRACT.

Nevada state law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales associates. Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with a disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS.

SELLER'S AGENT.

A seller's agent is an agent who is engaged by a seller to represent the seller's interests. The seller's agent does this by securing a buyer for the seller's home at a price and on terms acceptable to the seller. A seller's agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller's agent does not represent the interests of the buyer. The obligations of a seller's agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly and in good faith; and (c) disclose all facts known to the agent that materially affect the value or desirability of property, except as otherwise provided by law.

BUYER'S AGENT.

A buyer's agent is an agent who is engaged by a buyer to represent the buyer's interests. The buyer's agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer's agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer's agent does not represent the interests of the seller. The obligations of a buyer's agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly and in good faith; and (c) disclose all facts known to the agent that materially affect the buyer's ability and/or willingness to perform a contract to acquire seller's property that are not inconsistent with the agent's fiduciary duties to the buyer.

BROKER'S AGENTS.

A broker's agent is an agent that cooperates or is engaged by a listing agent or a buyer's agent (but does not work for the same firm as the listing agent or buyer's agent) to assist the listing agent or buyer's agent in locating a property to sell or buy, respectively, for the listing agent's seller or the buyer agent's buyer. The broker's agent does not have a direct relationship with the buyer or seller and the buyer or seller cannot provide instructions or direction directly to the broker's agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker's agent. The listing agent or buyer's agent do provide direction and instruction to the broker's agent and, therefore, the listing agent or buyer's agent will have liability for the acts of the broker's agent.

DUAL AGENT.

A real estate broker may represent both the buyer and the seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.

DUAL AGENT WITH DESIGNATED SALES ASSOCIATES.

If the buyer and the seller provide their informed consent, in writing, the principals or the real estate broker who represents both parties as a dual agent may designate a sales associate to represent the buyer and another sales associate to represent the seller to negotiate the purchase and sale of real estate. A sales associate works under the supervision of the real estate broker. With the informed consent of the buyer and the seller, in writing, the designated sales associate for the buyer will function as the buyer's agent representing the interests of the buyer and the designated sales associate for the seller will function as the seller's agent representing the interests of the seller. A designated sales associate cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales associate must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales associates before agreeing to such representation.