Terms of Use

Welcome to the HECK Real Estate website.

These Terms of Use (“Terms”) govern your access to and use of heck.realestate and the content, information, features, and services made available through the website.

By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with them, please discontinue use of the website immediately.

About HECK Real Estate

HECK Real Estate (“HECK”) is a real estate brokerage based in Lawrence, Kansas, providing brokerage and related real estate services for residential, rural, land, agricultural, recreational, commercial, and other property types.

Information provided on this website is intended primarily for individuals seeking information regarding HECK Real Estate, our services, properties we represent, and general real estate matters.

Website Information Is Not a Contract

Information presented on this website is provided for general informational and marketing purposes.

Nothing on this website constitutes a binding offer, contract, representation, warranty, guarantee, appraisal, legal opinion, tax advice, financial advice, engineering opinion, environmental assessment, survey, title opinion, or other professional advice.

A binding real estate relationship or transaction is established only through the appropriate written agreements and documents.

Website content does not replace independent investigation, inspections, due diligence, professional advice, contractual disclosures, or the terms of a fully executed real estate agreement.

Property Information

HECK makes reasonable efforts to present accurate property information. However, property information may be obtained from sellers, public records, county records, surveys, inspections, third parties, or other sources believed to be reliable. HECK does not guarantee the accuracy or completeness of information obtained from these sources and assumes no liability for errors, omissions, or changes in such information.

Property information is subject to change and should be independently verified when material to a purchasing, selling, leasing, development, financing, or investment decision.

Without limitation:

• Prices and availability may change.
• Properties may be sold, withdrawn, placed under contract, or otherwise become unavailable.
• Acreage represented as approximate, “m/l,” “more or less,” or similar language is not a representation of surveyed acreage.
• Property boundaries shown in photographs, maps, aerial imagery, diagrams, or marketing materials may be approximate unless specifically identified as survey information.
• Measurements, square footage, dimensions, taxes, zoning, land use, utility availability, school information, improvements, and other property details should be independently verified.
• Maps, aerial images, and boundary graphics are provided primarily for reference and marketing purposes and should not be relied upon as substitutes for a professional survey.
• Photographs, videos, virtual staging, renderings, maps, or other visual materials may not depict current conditions exactly.

Prospective buyers should conduct whatever inspections, investigations, surveys, title review, zoning review, environmental review, financing review, or other due diligence they consider appropriate.

The terms of an executed purchase agreement and associated transaction documents control over website or marketing content.

HECK Listings and Website Content

HECK controls the property content published on this website. The website does not function as a public MLS database or IDX feed containing listings automatically supplied by other MLS participants.

Properties displayed on this site may include current HECK listings, selected prior transactions, company projects, or other content HECK has chosen to publish.

The absence of a property from this website does not necessarily indicate that the property is unavailable in the broader real estate market.

No Brokerage Relationship Created by Website Use

Visiting this website, viewing a property, submitting a website form, subscribing to communications, or communicating with HECK through the website does not by itself establish a broker-client relationship, agency relationship, transaction-brokerage relationship, fiduciary relationship, or representation agreement.

Any brokerage relationship will be established and governed by applicable law and appropriate written agreements or disclosures.

Equal Housing Opportunity

HECK Real Estate supports equal opportunity in housing and conducts its residential real estate activities in accordance with applicable federal, state, and local fair housing laws.

HECK does not discriminate in providing real estate services on any basis prohibited by applicable law.

No Legal, Tax, Financial, or Other Professional Advice

Real estate transactions can involve legal, tax, financial, environmental, agricultural, zoning, insurance, lending, construction, and other considerations.

Information on this website should not be treated as advice in any of those disciplines.

Users should consult appropriate licensed or qualified professionals regarding matters outside the scope of real estate brokerage services.

Intellectual Property

Unless otherwise identified, the website and its original content are owned by or licensed to HECK Real Estate.

This includes, as applicable:

• Website copy
• Property descriptions
• Photography
• Videography
• Graphics
• Maps and custom mapping
• Branding
• Logos
• Marketing materials
• Page design
• Written articles and educational content
• Other original media and creative materials

These materials are protected by applicable copyright, trademark, and intellectual property laws. HECK reserves all rights not expressly granted herein and may seek injunctive or other equitable relief for any unauthorized use of its intellectual property.

You may view and use the website for personal, noncommercial purposes related to evaluating HECK or properties and services offered by HECK.

You may not reproduce, republish, distribute, modify, scrape, systematically download, sell, license, commercially exploit, or create derivative works from website content without permission from HECK or the applicable rights holder.

HECK's names, logos, slogans, and other brand identifiers may not be used in a manner that implies sponsorship, endorsement, affiliation, or authorization without written permission.

Limited Permission to Share Property Content

HECK welcomes appropriate sharing of links to property pages and other publicly available HECK website pages.

Unless expressly authorized, sharing a link to our website does not grant permission to download HECK photography, remove branding or attribution, republish complete property descriptions, create competing marketing materials from HECK content, or commercially reuse our intellectual property.

Third-Party Content and Links

The website may contain links, embeds, maps, videos, tools, or information supplied through third-party services.

These are provided for convenience. HECK does not control and is not responsible for the availability, security, privacy practices, accuracy, or content of third-party websites or services. You access third-party websites and services at your own risk and release HECK from any claims arising from your use of such third-party resources.

Your use of third-party services may be governed by separate terms and privacy policies.

Prohibited Uses

You agree not to use the website:

• For unlawful or fraudulent purposes
• To interfere with website operation or security
• To attempt unauthorized access to systems or data
• To introduce malware, malicious code, or harmful technology
• To impersonate another person or misrepresent your affiliation
• To scrape, harvest, or systematically extract website data without permission
• To reproduce or commercially exploit HECK content without authorization
• To use website content in a misleading, deceptive, discriminatory, or unlawful manner

Indemnification for Prohibited Use

You agree to indemnify, defend, and hold harmless HECK Real Estate and its owners, brokers, agents, employees, contractors, and representatives (collectively, “HECK Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to (a) your violation of any of the prohibited uses listed above, (b) your infringement or misappropriation of any intellectual property or proprietary right of HECK or any third party through your use of the website, (c) any scraping, systematic extraction, harvesting, or unauthorized reproduction of website content, or (d) any unlawful, fraudulent, or tortious conduct in connection with your use of the website. This indemnification obligation survives termination of your access to the website and any expiration or modification of these Terms. HECK reserves the right to seek injunctive or other equitable relief in addition to any other remedies available at law or in equity, without the requirement of posting a bond or proving actual damages.

Website Availability

We may modify, update, suspend, remove, or discontinue any part of the website at any time. We may also restrict or terminate any user’s access to the website at our sole discretion, including for violation of these Terms, without prior notice or liability.

We do not guarantee that the website will always be available, uninterrupted, error-free, or free of harmful components.

Disclaimer of Warranties

To the extent permitted by law, the website and its content are provided on an “as available” and “as is” basis.

HECK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HECK MAKES NO WARRANTY THAT WEBSITE CONTENT WILL BE COMPLETE, CURRENT, ACCURATE, UNINTERRUPTED, OR ERROR-FREE.

Nothing in this section limits any rights or obligations that cannot legally be waived.

Limitation of Liability

To the extent permitted by applicable law, HECK Real Estate and its owners, brokers, agents, employees, contractors, and representatives will not be liable for any indirect, incidental, special, consequential, punitive, or similar damages arising from or related to use of or inability to use this website. In no event will HECK’s total aggregate liability for any claims arising from or related to the website exceed one hundred dollars ($100).

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited.

Governing Law

These Terms are governed by the laws of the State of Kansas, without regard to conflict-of-law principles.

Any dispute arising from or related to use of this website will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Douglas County, Kansas, and you consent to personal jurisdiction in such courts.

Binding Arbitration

Except as otherwise provided in a separate written agreement between HECK and a client or other party, any dispute, claim, or controversy arising out of or relating to these Terms or the use of the website (“Dispute”) shall first be subject to an informal resolution process. The party raising the Dispute must send a written notice describing the nature of the Dispute and the relief sought to the other party (“Notice of Dispute”). The parties shall attempt in good faith to resolve the Dispute informally for at least thirty (30) days after the Notice of Dispute is received. If the Dispute is not resolved within that period, either party may initiate binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in Douglas County, Kansas. Each party shall bear its own costs and attorneys’ fees in connection with the arbitration, except that the arbitrator may award costs and reasonable attorneys’ fees to the prevailing party if the arbitrator determines the other party’s claim or defense was frivolous or brought in bad faith. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction, including the state and federal courts located in Douglas County, Kansas. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the state or federal courts located in Douglas County, Kansas, to protect its intellectual property rights or to prevent irreparable harm, without first submitting to arbitration and without the requirement of posting a bond.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HECK EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND IN ANY FORUM. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out Right

You may opt out of the binding arbitration and class action waiver provisions by sending written notice to HECK at the contact address listed below within thirty (30) days of your first use of the website after these Terms become effective. The notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms will continue to apply, and disputes will be resolved in accordance with the Governing Law section.

Nothing in these Terms alters dispute-resolution provisions contained in a separate written agreement between HECK and a client or other party.

Changes to These Terms

HECK may revise these Terms from time to time.

Updated Terms will be posted on this page with a revised “Last Updated” date. Your continued use of the website after an update constitutes acceptance of the revised Terms to the extent permitted by law.

Acceptance at Point of Submission

Where the website provides a form or other means to submit information (including any contact, inquiry, property-interest, or subscription form), you will be asked to affirmatively indicate your agreement to these Terms of Use and the Privacy Policy before submitting. By checking the box marked “I have read and agree to the Terms of Use and Privacy Policy” (or by otherwise clicking to accept) and submitting the form, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including the binding arbitration provision and class-action waiver above. If you do not agree, do not submit information through the website.

Contact

Questions regarding these Terms may be directed to:

HECK Real Estate
3200 Haskell Ln, Suite 130
Lawrence, KS 66046
Phone: 785-917-5700
Email: info@heck.realestate