This website (www.dwightandrus.com) is owned by Dwight Andrus Real Estate, LLC, a Louisiana limited liability company, located at 500 Dover Boulevard, Suite 110, Lafayette, Louisiana 70503, USA, telephone: 1-337-989-1112, and is made available from servers located in the State of Louisiana, United States of America. The terms and conditions for the use of this site are described below. Your access to or use of this site constitutes your agreement to the terms, conditions, notices and disclaimers contained in this document and elsewhere on the site (the Terms and Conditions), and the Terms and Conditions constitute a legally binding contract between you and Dwight Andrus Real Estate. If you do not wish to be bound by these Terms and Conditions, please do not visit or use the site or any page of the site. If you are unsure whether any contemplated use or action is permitted, please email us for assistance. Please be advised that Dwight Andrus Real Estate intends to exercise its rights under the Terms and Conditions to immediately deny access, without notice, to any person who has used our site in a manner that is disruptive or is otherwise in violation of the Terms and Conditions.

1. Use of Site. You may use our site as either a registered user or an unregistered user. Whether you register or not, you may access, download and print materials on this site solely for your personal and non-commercial use. You may not modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, property listings, databases or other lists, products or services obtained from this site (the Site Materials). Internet Data Exchange (IDX) information and other real estate listing information provided by any multiple listing service or by Dwight Andrus Real Estate through this site is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify properties consumers may be interested in purchasing. The foregoing prohibitions expressly include, but are not limited to, the practices of "screen scraping" or "database scraping" to obtain property listing or other information. If and when requested by Dwight Andrus Real Estate, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Your use of this site is subject to all applicable federal, state and local laws and regulations.

2. Registered Users. As a registered user, you will have access to features of our site that are not otherwise available, including access to our For Sale by Owner advertising program.  If you register as a user of this site, then in consideration of the access to and services made available to you on this site, and in addition to the other Terms and Conditions, you make the following specific representations and warranties and agree to abide by the following specific terms and conditions:

• You are over the age of majority, legally competent to make this Agreement and you are a bona fide buyer or seller of real estate.
• You are not a party to an exclusive brokerage services agreement with any other real estate broker or firm.
• You are responsible for maintaining the confidentiality of your password. You agree to notify Dwight Andrus Real Estate immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Dwight Andrus Real Estate or any other user of the site due to someone else using your password or account. You may not use anyone else's password or account at any time.
• You agree to provide us with accurate, current and complete information about yourself as prompted by the registration process.
• You will use your best efforts to cooperate with Dwight Andrus Real Estate on reasonable terms and conditions in the event Dwight Andrus Real Estate deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials and other data available through this site by a third party, which use may have resulted from your access to the site.

3. Prohibited Activities. You agree not to do any of the following:

• Contact or attempt to contact the seller of any property that you have identified by using this site and you agree that you will not attempt to enter onto any such property except through an appointment arranged by an agent or employee of Dwight Andrus Real Estate or through an agent of a broker to whom you are referred by Dwight Andrus Real Estate. Use the site, Site Materials or any related site for any purpose which is not specifically authorized or which is in any way contrary to applicable law.
• post, upload or otherwise transmit to the site any information, content or data not related to appropriate subject matters.
• post, upload or otherwise transmit to the site any information, content or data which is misleading to others, including consumers.
• post, upload or otherwise transmit to the site any information, content or data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
• post, upload or otherwise transmit any information, content or data that you do not have a right to post and transmit under any law or under contractual relationships.
• post, upload or otherwise transmit any information, content or data, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• post, upload or otherwise transmit any information, content, data or materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act. Misrepresent your identity, affiliation or purpose in using the site or Site Materials or in registering as a user. Without the express permission of Dwight Andrus Real Estate, attempt to obtain access to password protected, secure or non-public areas of this site. Attempt to circumvent user authentication or security of any server, host, network or account ("cracking"). This includes accessing data not intended for the public or any unauthorized user, logging into a server or account the user is not expressly authorized to access or probing the security of other networks. Unauthorized individuals attempting to access prohibited areas of this site may be subject to prosecution. Attempt to interfere with service to any user, host, or network. This includes "denial of service" attacks, "flooding" of networks, deliberate attempts to overload a service and attempts to "crash" a host. Engage in harassment in the use of email, whether through language, frequency, or size of messages. Send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the user must not send that person any further email. Send unsolicited bulk mail messages ("junk mail" or "spam") which, in our sole judgment, is disruptive or generates a significant number of complaints. This includes bulk-mailing of commercial advertising, informational announcements and political tracts. Forward or otherwise propagate chain letters and pyramid schemes through email, whether or not the recipient wishes to receive such mailings. Malicious email, such as "mailbombing" or flooding a user or the site with very large or numerous pieces of email. Forging of email header information.

4. No Warranty. ALL INFORMATION AND CONTENT ON THIS SITE, INCLUDING WITHOUT LIMITATION THE SITE MATERIALS, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. DWIGHT ANDRUS REAL ESTATE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, THE AVAILABILITY OF THE SITE, THE ABILITY OF ANY PERSON TO ACCESS THE SITE, OR THE INFORMATION, CONTENT, DATA, FEATURES AND TOOLS ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND THE LEGAL WARRANTIES AGAINST DEFECTS OR VICES, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES, REPRESENTATIONS AND GUARANTEES. Without limiting the generality of the foregoing, Dwight Andrus Real Estate does not represent, warrant or guarantee that:

• the site content, including the Site Materials, will not cause any damage;
• the functions contained in any feature or service available on or through the site, or your access to the site, will be reliable, uninterrupted or error-free;
• any defects will be corrected; or that the site or the server which stores and transmits content to you are free of computer viruses or any other harmful components, defects or errors. Information may be changed or updated without notice. Dwight Andrus Real Estate may also make improvements and/or changes in the listings, services, products and/or programs contained or offered on this site at any time without notice.

5. Relationship. Dwight Andrus Real Estate does not enter into a fiduciary or real estate brokerage relationship with you or represent you in connection with the purchase or sale of real estate, solely by providing or granting access to the information and services available on this site, or as a result of your use of this site or the services available on this site, whether as a registered user (customer) or as an unregistered user. You understand and agree that no fiduciary or real estate brokerage relationship will exist between Dwight Andrus Real Estate and you unless and until you ask an authorized Dwight Andrus Real Estate salesperson to provide you with specific services or assistance in purchasing or leasing real estate meeting your specified criteria, and such salesperson agrees to do so, or you enter into a listing agreement with Dwight Andrus Real Estate to list your property for sale or lease, or a written buyer representation agreement.

6. No Legal Advice. As a licensed real estate broker, Dwight Andrus Real Estate may provide explanations of certain real estate terms and practices, but Dwight Andrus Real Estate does not give legal advice, and no information on the site should be considered legal advice. If you have any questions about your legal rights or those of any other person based on or arising out of any information, explanations, content, forms, procedures or terminology on this site, please consult an attorney at law.

7. Links to Other Sites. Dwight Andrus Real Estate makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Dwight Andrus Real Estate web site, please understand that it is independent from Dwight Andrus Real Estate, and that Dwight Andrus Real Estate has no control over the content on that web site. In addition, a link to a non-Dwight Andrus Real Estate web site does not mean that Dwight Andrus Real Estate endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

8. Limitation of Liability. IN NO EVENT WILL DWIGHT ANDRUS REAL ESTATE BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES FOR OR ARISING OUT OF ANY USE OF OR RELIANCE ON THIS SITE, OR ANY OF THE SITE MATERIALS OR OTHER INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS SITE OR ON ANY OTHER HYPERLINKED WEB SITE, OR THE INABILITY OF ANY PERSON TO ACCESS THIS SITE OR ANY HYPERLINKED WEB SITE, OR ANY DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, COMPUTER VIRUSES OR COMMUNICATION LINE FAILURES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, FEES OR EXPENSES, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER, NETWORK, INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnity. You agree to defend, indemnify, and hold harmless Dwight Andrus Real Estate, its affiliates, members, officers, managers, employees, agents, representatives and insurers, from and against any and all losses, damages, costs, and expenses, including attorneys fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon your use or display of the site or Site Materials or any information, data, statements, photographs, graphics, or other content placed on or uploaded to the site by you.

10. Remedies. Dwight Andrus Real Estate shall have all rights and remedies available under applicable law for your breach of these Terms and Conditions. We also have the right to deny access, without notice, to any person who has used our site in a manner that is disruptive or is otherwise in violation of the Terms and Conditions. Further, you agree that your unauthorized use of the Site Materials will cause injury to Dwight Andrus Real Estate that cannot adequately be remedied by money damages, and that Dwight Andrus Real Estate shall be entitled to preliminary or permanent injunctive relief to enjoin your unauthorized use of the site or Site Materials, which injunctive relief shall be in addition to any other remedies available to Dwight Andrus Real Estate at law. If Dwight Andrus Real Estate is successful in securing a preliminary injunction order against you, you waive any obligation of Dwight Andrus Real Estate to post a security bond in conjunction therewith. In the event that Dwight Andrus Real Estate is required to enforce or seek any other relief under these Terms and Conditions arising out of or relating to your use of the site or the Site Materials or any services rendered by Dwight Andrus Real Estate in any legal or other proceeding, then Dwight Andrus Real Estate shall be entitled to an award recover from you its legal fees and expenses incurred in any successful action to enforce the Terms and Conditions. You agree that we also have the right at any time, without notice, to remove from the site any information, data, statements, photographs, graphics or other content or media of any kind or description posted, uploaded or transmitted to the site by you, which in our discretion is deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, scandalous, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

11. IDX Data. The data relating to real estate for sale on this site comes in part from the IDX program of the Realtor Association of Acadiana. Real Estate listings held by brokerage firms other than Dwight Andrus Real Estate, and made available through the IDX programs, are marked with IDX logo (a little black house).

12. Patent, Trademarks and Copyright. This site and the systems and methods used by Dwight Andrus Real Estate are the subject of a pending patent application. Dwight Andrus Real Estate is a registered trademark and other Dwight Andrus Real Estate, L.L.C. logos, product and service names are trademarks owned by or licensed to Dwight Andrus Real Estate, L.L.C., or its affiliates (the "Marks"). Without the prior written permission of Dwight Andrus Real Estate, or its appropriate affiliates, you agree not to display or use in any manner, the Marks. The site content, including text, graphics, layout, design is protected by copyright. All rights in the pages, site content and arrangement of the site are owned by Dwight Andrus Real Estate, L.L.C. or its licensors, including, without limitation, the Realtor Association of Acadiana Multiple Listing Service.

13. No Waiver of Rights. Failure by Dwight Andrus Real Estate, or its affiliates to insist upon strict enforcement of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

14. Time Limit for Bringing Actions. You agree that regardless of any statute or law to the contrary, any claim or cause of action which you may have or acquire that arises out of or is related to (a) your use of this site or the Site Material, (b) the services provided to you by Dwight Andrus Real Estate, (c) any action, error, negligence or omission of Dwight Andrus Real Estate, or (d) these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Revisions of Terms and Conditions. Dwight Andrus Real Estate may at any time revise these Terms and Conditions without notice by updating this posting, which revisions shall be effective immediately. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.

16. Jurisdiction / Enforceability. Use of this site and the Site Materials shall be governed by and construed in accordance with the laws of the State of Louisiana, United States of America, without giving effect to any principles of conflicts of laws. Any dispute concerning this site shall be subject to the exclusive venue of a state or federal court of competent jurisdiction in Lafayette Parish, Louisiana. Should any provision of these Terms and Conditions be held invalid, unlawful or for any reason unenforceable by any court of competent jurisdiction and venue, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.