Terms of Service

By accessing, browsing, or using the InsooRealty website ("Site") or any of its services ("Services"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of the Site and Services. Your continued use of this Site following any modifications to these Terms constitutes your acceptance of such modifications. We reserve the right to update, amend, or modify these Terms at any time without prior notice.

InsooRealty operates a digital platform that facilitates the listing and sale of residential real estate. Our Services include, but are not limited to, collecting property and personal information from Users, performing Comparative Market Analyses (CMA), listing properties on the Multiple Listing Service (MLS), and syndicating listings to third-party real estate websites. InsooRealty is a platform and facilitator. We are not a party to any real estate transaction and do not guarantee the sale, purchase, or closing of any property listed on the Site.

You must be at least eighteen (18) years of age and possess the legal authority to enter into a binding agreement to use this Site. By using this Site, you represent and warrant that you meet these requirements and that all information you provide is truthful, accurate, and complete.

In order to use certain Services, you may be required to submit personal information, including but not limited to your full name, phone number, home address, email address, and property details (collectively, "User Data"). You acknowledge and agree that: (a) You are voluntarily providing this information; (b) You are solely responsible for the accuracy and completeness of all User Data submitted; (c) InsooRealty shall not be held liable for any errors, omissions, or inaccuracies in User Data, including but not limited to incorrect addresses, listing prices, or property descriptions; (d) You consent to InsooRealty using your User Data to provide its Services and conduct its business, as further described in our Privacy Policy.

By submitting User Data through the Site, you expressly consent to InsooRealty collecting, storing, processing, sharing, and using such data as necessary in the course of business. This includes but is not limited to sharing your information with title companies, mortgage lenders, licensed real estate agents, and other third-party service providers as reasonably necessary to facilitate your transaction or refer you to appropriate services. InsooRealty further reserves the right to commercialize, monetize, license, transfer, or otherwise make available User Data to third parties for business purposes, including but not limited to marketing, analytics, lead generation, and partnership arrangements. If our data practices materially change, we will make reasonable efforts to notify you. You may request deletion of your data at any time as described in our Privacy Policy. Your use of this Site constitutes acknowledgment that a separate Privacy Policy governs the specific handling of your personal information and is incorporated into these Terms by reference.

By providing your phone number, email address, or other contact information through the Site, you expressly consent to receive communications from InsooRealty, including but not limited to phone calls, text messages (SMS/MMS), and emails related to your inquiry, listing, transaction, or our Services. You acknowledge that message and data rates may apply and that you may opt out of text messages at any time by replying STOP. You agree that such communications may be made using automated systems, pre-recorded messages, or manual dialing. This consent is not a condition of purchasing any goods or services. You may revoke this consent at any time by contacting us directly.

InsooRealty acts solely as a facilitator and technology platform. InsooRealty does not and cannot: (a) Guarantee the sale of any property listed through the Site; (b) Guarantee the accuracy of any listing, property valuation, or market analysis; (c) Vet, verify, or guarantee the qualifications, creditworthiness, or intent of any buyer or interested party; (d) Guarantee that any transaction will close, or that closing will occur on any particular timeline; (e) Provide legal, tax, or financial advice. All real estate transactions carry inherent risks. Users are strongly advised to seek the counsel of independent legal, tax, and financial professionals before entering into any real estate transaction.

Your use of the Site does not create a fiduciary, agency, advisory, or client relationship between you and InsooRealty. No agency or client relationship is formed until both parties have executed a formal written listing agreement or other binding contract. Browsing the Site, submitting an inquiry, or providing User Data does not obligate InsooRealty to represent you or act on your behalf in any capacity. InsooRealty reserves the sole and absolute discretion to accept or decline any prospective client for any lawful reason.

You acknowledge and understand that the licensed real estate agent(s) operating on behalf of InsooRealty may be individually licensed under and affiliated with a separate, independent real estate brokerage. As of the effective date of these Terms, InsooRealty's agent(s) are licensed under Keller Williams Realty ("Brokerage of Record"), whose logo appears at the bottom of this Site. The Brokerage of Record is the licensed entity under which all listing agreements are executed, and all property listings facilitated through InsooRealty are technically held by and under the supervision of the Brokerage of Record. Each Keller Williams office is independently owned and operated. InsooRealty may engage a variety of individuals to provide Services on its behalf, including but not limited to full-time employees, part-time staff, independent contractors, temporary agents, freelance professionals, and third-party service providers. These individuals may or may not be direct employees of InsooRealty. InsooRealty shall not be held liable for any harm, loss, damage, or misconduct caused by any individual acting on behalf of or in connection with InsooRealty, whether such individual is an employee, contractor, or otherwise. By using this Site and engaging InsooRealty's Services, you acknowledge and consent to this brokerage and staffing arrangement and agree that InsooRealty's agent(s) and personnel may fulfill their obligations through and under the authority of the Brokerage of Record or as independent parties. This arrangement does not diminish or alter the Services provided to you by InsooRealty.

The commission rate advertised on this Site (currently 1%) refers solely to the listing agent commission charged by InsooRealty at closing. This rate does not include, and shall not be construed to include: (a) Any buyer's agent commission or compensation offered to a cooperating brokerage; (b) Title company fees, closing costs, or settlement charges; (c) Property inspection, appraisal, or survey costs; (d) Any other fees, taxes, assessments, or expenses associated with the sale of real property. InsooRealty reserves the right to modify its commission structure at any time. Any agreed-upon commission rate will be documented in a formal listing agreement between the parties.

InsooRealty is committed to compliance with the Federal Fair Housing Act, the Indiana Civil Rights Act, and all applicable federal, state, and local fair housing laws. All decisions regarding whether to accept or decline a client are based solely on legitimate business criteria and are made without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, familial status, age, ancestry, veteran status, or any other characteristic protected by applicable law. Any User who believes they have experienced discrimination may file a complaint with the U.S. Department of Housing and Urban Development (HUD) or the Indiana Civil Rights Commission.

By submitting any content through the Site — including but not limited to property photographs, descriptions, videos, floor plans, and other media (collectively, "User Content") — you grant InsooRealty a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, display, distribute, and create derivative works from such User Content for the purposes of listing, marketing, advertising, and promoting the property or InsooRealty's Services. Additionally, you grant InsooRealty the right to photograph, film, or otherwise capture media of your property for listing purposes. All media created by InsooRealty in connection with a listing shall remain the property of InsooRealty and may be used for marketing and promotional purposes even after a listing has expired or been terminated.

To the maximum extent permitted by applicable law, InsooRealty, its owners, officers, directors, employees, agents, affiliates, and licensors (collectively, the "Company Parties") shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of, or inability to use, the Site or Services. This limitation applies to, without limitation: (a) damages arising from the accuracy or inaccuracy of property listings; (b) damages arising from the failure of a property to sell or a transaction to close; (c) damages arising from unauthorized access to or alteration of your data; (d) damages arising from third-party conduct, including but not limited to other users, buyers, agents, or service providers; (e) any loss of data, profits, revenue, business, or goodwill. In no event shall the total aggregate liability of the Company Parties exceed the amount actually paid by you to InsooRealty in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100.00), whichever is less. You expressly agree that you shall not bring any claim, lawsuit, or legal proceeding — whether in tort, contract, or otherwise — against any individual owner, officer, director, employee, agent, independent contractor, temporary worker, freelancer, or any other person acting on behalf of or in connection with InsooRealty, in their personal or individual capacity. All claims, if any, shall be directed solely against InsooRealty as a business entity and shall be subject to the limitations, disclaimers, and arbitration provisions set forth in these Terms. For the avoidance of doubt, "InsooRealty" refers exclusively to the business entity operating this Site. Any individual person — including but not limited to any person whose name may appear in or resemble the business name — is a separate and distinct party from InsooRealty and shall not be held personally liable for any obligations, representations, damages, or claims arising out of the operation of this Site, the provision of Services, or any transaction facilitated through InsooRealty. You acknowledge and agree that the limitations of liability set forth in this section are fundamental elements of the agreement between you and InsooRealty, and that InsooRealty would not provide the Services without such limitations.

The Site and all Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise. The Company Parties expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, usage, or trade practice. The Company Parties do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components. The Company Parties make no representation or warranty regarding the reliability, accuracy, completeness, or timeliness of any content, information, software, text, graphics, or links provided on or through the Site. The information presented on this Site — including but not limited to property data, market analyses, commission estimates, and general real estate guidance — may contain errors, inaccuracies, or omissions. It is the User's sole responsibility to exercise due diligence and independently verify the accuracy, completeness, and validity of any information obtained through the Site before relying upon it. InsooRealty shall not be held liable for any harm, loss, or damage — whether direct or indirect — arising from a User's reliance on information published on or through this Site.

You agree to indemnify, defend, and hold harmless InsooRealty and the Company Parties from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with: (a) Your use of the Site or Services; (b) Your violation of these Terms; (c) Your violation of any applicable law, regulation, or third-party right; (d) Any User Data or content you submit through the Site; (e) Any negligent or wrongful act or omission by you; (f) Any dispute between you and a buyer, seller, agent, lender, title company, or any other third party. This indemnification obligation shall survive the termination of these Terms and your use of the Site.

Any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or the Services — including their interpretation, breach, termination, or validity — shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The location and venue of the arbitration shall be determined at InsooRealty's sole discretion. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and InsooRealty agree that any arbitration shall be conducted on an individual basis only, and not as a class, consolidated, or representative action. You hereby waive any right to participate in a class action lawsuit or class-wide arbitration against InsooRealty. Notwithstanding the foregoing, InsooRealty reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction, at a venue of its choosing, to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.

All content, design, text, graphics, logos, trademarks, software, and other materials on the Site are the property of InsooRealty or its licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, display, or create derivative works based on any content on the Site without the prior written consent of InsooRealty.

You agree not to: (a) Use the Site for any unlawful purpose or in violation of any applicable law; (b) Submit false, misleading, or fraudulent information; (c) Attempt to gain unauthorized access to the Site, its servers, or any associated systems; (d) Interfere with or disrupt the operation of the Site; (e) Scrape, harvest, or collect data from the Site without authorization; (f) Use the Site to transmit spam, malware, or any other harmful material; (g) Impersonate any person or entity.

The Site may contain links to third-party websites, services, or content that are not owned or controlled by InsooRealty. We are not responsible for the content, privacy practices, or terms of any third-party sites. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

InsooRealty reserves the right, at its sole discretion, to modify, suspend, or discontinue the Site or any part of its Services — temporarily or permanently — at any time and for any reason, with or without notice. This includes the right to change pricing, commission structures, service offerings, features, and any other aspect of the platform. InsooRealty shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or Services.

InsooRealty shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics or epidemics, war, terrorism, government actions or regulations, MLS system outages or policy changes, internet or telecommunications failures, cyberattacks, power outages, labor disputes, market disruptions, or any other event that could not have been reasonably foreseen or prevented. During a force majeure event, InsooRealty's obligations shall be suspended for the duration of the event without liability.

InsooRealty reserves the right to suspend or terminate your access to the Site and Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Site shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Limitation of Liability, Disclaimer of Warranties, Indemnification, and Dispute Resolution.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought in a court of competent jurisdiction, with the venue to be determined at InsooRealty's sole discretion.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and InsooRealty with respect to the use of the Site and Services and supersede all prior or contemporaneous communications, understandings, and agreements, whether written or oral.

If you have any questions about these Terms of Service, please contact us: InsooRealty Phone: (317) 360-1868 Email: insoo@kw.com