Terms of Use

1. Acceptance of Terms

By using this Site, you confirm that you have read, understood, and agree to these Terms, as well as our Privacy Policy. We may update these Terms at any time. Continued use of the Site after changes indicates acceptance of the revised Terms.

2. User Eligibility

You represent and warrant that you are:

1. At least 18 years old (or the age of majority in your jurisdiction).

2. Legally able to enter into binding agreements.

3. Using the Site for lawful, legitimate purposes related to real estate research or service inquiries.

3. Use of the Website

You agree not to:

• Interfere with the proper functioning of the Site.

• Attempt to access restricted areas of the Site or its servers.

• Scrape, harvest, or collect data for unauthorized purposes.

• Upload malicious code or attempt to disrupt operations.

• Misrepresent your identity or use false information.

We may suspend or terminate your access if you violate any part of this Agreement.

4. Intellectual Property Rights

All content—including text, branding, images, logos, layouts, property photos, videos, and software—is owned by Onyx or licensed to us. You may not copy, reproduce, distribute, or modify any part of the Site without our explicit written permission.

5. Third-Party Links and Multiple Listing Service/Data Use (MLS or External Providers)

The Site may contain links to third-party websites. We are not responsible for the content, privacy practices, or policies of those external sites. Access them at your own risk.

The Site may display real estate listings sourced from Multiple Listing Services (“MLS”) or third-party data providers. By accessing MLS-related content, you agree to the following:

5.1 MLS Data Restrictions

• MLS data is provided for personal, non-commercial use only.

• You may not copy, redistribute, display, scrape, or otherwise use MLS data for commercial purposes without authorization.

• All MLS information is deemed reliable but not guaranteed and may be subject to change without notice.

5.2 Copyright & Ownership

MLS organizations and their licensors retain all intellectual property rights in the listings and related content.

5.3 Accuracy of Listings

We do not guarantee the accuracy, completeness, or timeliness of MLS information.
Users should verify all information independently before making any real estate decisions.

Some property information may originate from MLS services, brokers, or third-party data partners. We do not guarantee:

• Accuracy

• Availability

• Update frequency

• Compliance of third-party data

All properties are subject to prior sale, change, or withdrawal.

6. Fair Housing & Equal Opportunity Statement

Onyx Real Estate Enterprises complies with all federal, state, and local Fair Housing Laws.
We do not discriminate based on race, color, religion, gender, disability, familial status, national origin, sexual orientation, or gender identity.

7. Accessibility Statement

Onyx is committed to ensuring that our Site is accessible to individuals with disabilities.
If you encounter accessibility barriers, please contact us at mjohnson@RealEstateWithOnyx.com and we will work to address the issue promptly.

8. User Conduct

You agree not to:

• Engage in unlawful or fraudulent activity;

• Attempt to gain unauthorized access to the Site;

• Use automated systems (bots, scrapers, crawlers) to extract data;

• Interfere with the Site’s security or functionality.

9. Digital Communications Consent

By using our Site or submitting a form, you consent to receive:

• Emails

• Text messages

• Calls (including automated or recorded)

You may opt out at any time following the instructions provided in communications.   No mobile opt-in data will be shared with third-parties or affiliates.

10. Privacy Policy

This section describes how we collect, use, and protect your information.

10.1 Information We Collect

We may collect:

a. Information You Provide

• Name

• Email address

• Phone number

• Property preferences

• Inquiry details

• Documents or forms submitted for real estate services

b. Automatically Collected Data

• IP address

• Browser type

• Device type

• Pages visited

• Click and interaction data

• Cookies and tracking technologies (see Cookie Policy)

c. Third-Party Information

We may receive information from advertising partners, MLS data feeds, analytics tools, or social platforms.

10.2 How We Use Your Information

We use personal information to:

• Respond to property inquiries

• Provide real estate services

• Improve website functionality

• Deliver marketing communications

• Comply with legal obligations

• Prevent fraud or misuse

We do not sell your personal information.

10.3 Sharing Your Information

We may share your information with:

• Licensed real estate agents or brokers affiliated with Onyx

• Service providers (hosting, analytics, email delivery)

• MLS systems when required

• Legal authorities when required by law

We do not share your data with unaffiliated marketers.

10.4 Data Security

We implement reasonable security measures to protect your information, though no digital system is 100% secure.

10.5 Children’s Privacy

The Site is not intended for children under 13.
We do not knowingly collect information from children under 18. If we discover such data, we delete it promptly.

10.6 Your Privacy Rights

Depending on your jurisdiction, you may have rights such as:

• Access to collected data

• Correction of inaccuracies

• Request for deletion

• Opt-out of marketing communications

To make a request, contact mjohnson@RealEstateWithOnyx.com.

11. Intellectual Property

All content, graphics, logos, text, images, videos, and other materials on the Site are owned by or licensed to Onyx Real Estate Enterprises and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works without prior written consent.

12. Cookie Policy

12.1 What Are Cookies?

Cookies are small text files stored on your device to enhance your browsing experience and gather usage analytics.

12.2 Types of Cookies We Use

• Essential Cookies – Required for core functionality.

• Analytics/Performance Cookies – Measure usage and traffic patterns.

• Functionality Cookies – Remember preferences and settings.

• Advertising Cookies – Provide personalized ads (if used).

Third-party providers (e.g., Google Analytics, Meta Pixel) may place their own cookies.

12.3 Managing Cookies

You can disable cookies via your browser settings. Doing so may affect website functionality.

13. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• FITNESS FOR A PARTICULAR PURPOSE

• NON-INFRINGEMENT

• ACCURACY OR RELIABILITY OF INFORMATION (INCLUDING MLS DATA)

We do not guarantee that the Site will be error-free, secure, or continuously available.

14. Website Disclaimer

14.1 No Professional Advice

Site information is not legal, financial, tax, or real estate advice.
Consult licensed professionals before making decisions.

14.2 No Guarantee of Accuracy

Onyx does not guarantee:

• Accuracy of listings or property data

• Pricing correctness

• Availability status

• Timeliness of updates

Use information at your own risk.

14.3 No Warranty

The Site is provided “as is”, without warranties of any kind (express or implied).

15. Limitation of Liability

To the fullest extent permitted by law, Onyx Real Estate Enterprises is not liable for:

• Errors or omissions

• Lost profits, damages, or data

• Decisions made based on Site content

• Site downtime or technical failure

Your sole remedy is to stop using the Site.

16. Indemnification

You agree to indemnify and hold harmless Onyx, its affiliates, employees, and partners from all claims or damages arising from:

• Your use of the Site

• Your violation of this Agreement

• Your infringement of third-party rights

17. Copyright & DMCA

If you believe content on our Site infringes your copyright, submit a DMCA Notice to:

Walter Jones

 
Two Bala Plaza

Suite 300

Bala Cynwyd, PA 19004

Walter@trustjoneslaw.com

We will respond in accordance with applicable copyright laws.

18. Modifications to This Agreement

We may update these policies at any time. Updated terms become effective once posted. Continued use of the Site indicates acceptance.

19. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the State of Pennsylvania.

19.1 Dispute Resolution

You agree to:

1. Attempt informal resolution first.

2. Submit unresolved disputes to binding arbitration, unless prohibited by law.

3. Waive participation in class-action lawsuits.

20. Contact Information

For questions, concerns contact:

Onyx Real Estate Enterprises
63 N. Pennsylvania Ave
Suite C
Morrisville, PA 19067

mjohnson@RealEstateWithOnyx.com

(215) 486-2993