Terms of Use

1. Acceptance of These Terms

These Terms of Use ("Terms") govern your access to and use of the website located at https://www.moyeraz.com (the "Site") and any content, features, tools, and services offered through the Site (collectively, the "Services"). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site.

You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. About Us; No Agency Relationship Created by Site Use

Moyer Realty Services is a real estate brokerage licensed by the Arizona Department of Real Estate. Designated Broker: James Moyer, License #: LC669123000.

Use of the Site does not create an agency, fiduciary, or client relationship between you and Moyer Realty Services or any of its agents. An agency relationship is formed only through a separately executed written agreement (such as a buyer-broker agreement or listing agreement) as required by Arizona law.

Content on the Site is provided for general informational purposes only and does not constitute legal, tax, financial, investment, appraisal, or other professional advice. Automated valuation estimates, market statistics, and similar tools are estimates only and are not appraisals. You should consult appropriate licensed professionals before making real estate decisions.

3. Listing Data, IDX/MLS Content, and Accuracy

Property listing information displayed on the Site may be provided through Internet Data Exchange ("IDX") feeds from one or more multiple listing services ("MLS"), including the Multiple Listing Service of Southern Arizona (MLSSAZ). IDX/MLS content is owned by the applicable MLS and/or listing brokers and is protected by copyright.

Listing information is deemed reliable but is not guaranteed to be accurate, current, or complete. Listings may be modified, sold, or withdrawn without notice. Information is provided for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Square footage, lot size, school assignments, and similar details should be independently verified.

4. Fair Housing

Moyer Realty Services is committed to compliance with the federal Fair Housing Act, the Arizona Fair Housing Act, and all applicable fair housing and equal opportunity laws. We do not discriminate on the basis of race, color, religion, sex, disability, familial status, national origin, or any other protected class. Equal Housing Opportunity.

5. License to Use the Site

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. All content on the Site, including text, graphics, logos, images, video, market reports, and software, but excluding MLS/IDX content owned by third parties, is owned by or licensed to Paniolo Arizona LLC and is protected by copyright, trademark, and other intellectual property laws. "Moyer Realty Services" and associated logos are trademarks or trade names of Paniolo Arizona LLC.

6. Prohibited Uses

You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms
• Scrape, harvest, crawl, index, or copy listing data, contact information, or other Site content by automated means without our prior written consent
• Use Site content or data to train, fine-tune, or develop machine-learning or artificial-intelligence models without our prior written consent
• Reverse engineer, decompile, or interfere with the operation or security of the Site
• Introduce viruses, malware, or other harmful code
• Impersonate any person or misrepresent your affiliation
• Submit false, misleading, or fraudulent inquiries or information
• Use the Site to send spam or unsolicited commercial communications
• Frame, mirror, or republish Site content without authorization
• Circumvent any access restrictions or consent mechanisms on the Site

We may suspend or terminate your access to the Site at any time, with or without notice, for any conduct we reasonably believe violates these Terms or applicable law.

7. User Submissions

If you submit reviews, testimonials, questions, or other content to us or through the Site ("Submissions"), you grant Paniolo Arizona LLC a non-exclusive, worldwide, royalty-free, perpetual, transferable license to use, reproduce, display, and distribute those Submissions in connection with our business, including marketing, subject to our Privacy Policy. You represent that your Submissions are accurate, that you own or control the rights to them, and that they do not violate any law or third-party right. We may remove any Submission at our discretion.

8. Communications Consent

By providing your contact information through the Site, you consent to receive communications from us by email, phone, and, where you have provided the separate express consent described in our Privacy Policy, text message. You may opt out of marketing emails via the unsubscribe link and opt out of texts by replying STOP. Standard message and data rates may apply. Consent to marketing communications is not a condition of receiving brokerage services.

If you use a chat feature on the Site, you acknowledge and consent that chats may be routed through, recorded, and stored by a third-party service provider, as described in our Privacy Policy.

9. Third-Party Services and Links

The Site may link to or integrate third-party websites, tools, and services (including MLS portals, mortgage calculators, mapping services, scheduling tools, and social media). We do not control and are not responsible for third-party content, products, services, or privacy practices. Your use of third-party services is at your own risk and subject to their terms.

10. Digital Millennium Copyright Act (DMCA)

We respect intellectual property rights. If you believe content on the Site infringes your copyright, send a notice compliant with 17 U.S.C. § 512(c)(3) to our designated agent:

DMCA Agent: James Moyer
Paniolo Arizona LLC dba Moyer Realty Services
5101 S Greenway Dr
Tucson, Arizona 85706
Email: Email us

Your notice must include:

• identification of the copyrighted work;
• identification and location of the allegedly infringing material;
• your contact information;
• a statement of good-faith belief that the use is unauthorized;
• a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner; and
• your physical or electronic signature.

We may remove allegedly infringing material and, in appropriate circumstances, terminate repeat infringers.

11. Website Accessibility

We are committed to making the Site accessible to all users, including individuals with disabilities, and we strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA. Accessibility is an ongoing effort. If you experience difficulty accessing any part of the Site, or if you need information in an alternative format or assistance with any of our services, please contact us at Email us or 520.222.8226, and we will work with you promptly to provide the information or service you seek through an alternative method. Please see our Website Accessibility Statement for details.

12. Disclaimers

THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY LISTING DATA, VALUATION ESTIMATE, MARKET STATISTIC, OR OTHER INFORMATION ON THE SITE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PANIOLO ARIZONA LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSED REAL ESTATE PROFESSIONALS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Paniolo Arizona LLC dba Moyer Realty Services and its members, managers, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your misuse of the Site, your Submissions, or your violation of any law or third-party right.

15. Dispute Resolution: Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your rights.

15.1 Informal Resolution First

Before filing any claim, you agree to first contact us at Email us with a written description of the dispute and give us 30 days to attempt to resolve it informally.

15.2 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Site, the Services, or your interactions with us, including claims based on federal, state, or local statute (including privacy, wiretapping, consumer-protection, and accessibility statutes), contract, tort, or any other legal theory, and including disputes about the scope or enforceability of this arbitration provision, shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

15.3 Arbitration Procedure

The arbitration shall be conducted by a single arbitrator in Pima County, Arizona, or, at your election for consumer claims, in the county where you reside, or by videoconference or on written submissions where the AAA rules permit. Each party bears its own attorneys' fees except where a statute provides otherwise. We will pay arbitration filing, administration, and arbitrator fees to the extent required by AAA consumer rules or applicable law.

15.4 Class Action Waiver

YOU AND WE EACH AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the waiver shall remain enforceable as to all other claims.

15.5 Exceptions

Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or equitable relief in court to protect intellectual property rights or prevent unauthorized access to or abuse of the Site.

15.6 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to Email us or 5101 S Greenway Dr, Tucson, Arizona 85706 within 30 days of first accepting these Terms, stating your name, contact information, and your intent to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.

15.7 Jury Trial Waiver

To the extent any claim proceeds in court rather than arbitration, YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY to the fullest extent permitted by law.

16. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Arizona and applicable federal law, without regard to conflict-of-laws principles. Subject to Section 15, the state and federal courts located in Pima County, Arizona shall have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

17. Changes to These Terms

We may modify these Terms at any time by posting the revised version on the Site with an updated "Last Updated" date. Material changes will be effective upon posting or as otherwise stated. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

18. General Provisions

• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
• No Waiver. Our failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
• Entire Agreement. These Terms, together with the Privacy Policy and any documents incorporated by reference, constitute the entire agreement between you and us regarding the Site. These Terms do not modify any separately executed brokerage, listing, or buyer-broker agreement.
• Survival. Sections that by their nature should survive termination (including Sections 5, 12 through 16, and 18) survive.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

19. Contact

Paniolo Arizona LLC dba Moyer Realty Services
5101 S Greenway Dr
Tucson, Arizona 85706
Email us · 520.222.8226
Arizona Department of Real Estate License #: LC669123000