Terms of Use

Effective Date: September 1, 2025

Last Updated: September 1, 2025

1. Agreement to Terms

Welcome to ENC Pirate Realty, Inc and ENC Pirate Realty-Howard Hanna ("we," "us," "our," or "Company"). These Terms of Use ("Terms") govern your use of our website located at www.encpiraterealty.com (the "Service") operated by ENC Pirate Realty, Inc and ENC Pirate Realty-Howard Hanna.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

ENC Pirate Realty, Inc and ENC Pirate Realty-Howard Hanna provides a comprehensive real estate platform featuring property listings, market insights, and neighborhood details for Eastern North Carolina. Our services include:

  • Property listings for homes, condos, townhomes, manufactured homes, land, and boat slips
  • Advanced search capabilities and property details
  • Market insights and neighborhood information
  • Lead generation and communication services
  • User account creation and saved search functionality

3. User Accounts and Registration

3.1 Account Creation

You may create an account to access certain features of our Service. When creating an account, you must provide accurate, complete, and current information. You are solely responsible for safeguarding your account credentials.

3.2 Account Responsibilities

  • You are responsible for all activities that occur under your account
  • You must immediately notify us of any unauthorized use of your account
  • We reserve the right to suspend or terminate accounts that violate these Terms

4. Acceptable Use

4.1 Permitted Uses

You may use our Service for legitimate real estate research, property searches, and communication with our agents for buying or selling real estate.

4.2 Prohibited Uses

You agree not to:

  • Use the Service for any unlawful purpose or to solicit unlawful activity
  • Attempt to gain unauthorized access to any portion of the Service
  • Use automated systems (bots, spiders, scrapers) to access or collect data from the Service
  • Reproduce, distribute, or create derivative works from MLS data or property listings
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use the Service to harass, abuse, or harm other users
  • Post false, misleading, or fraudulent information
  • Violate any applicable fair housing laws or regulations

5. Property Listings and MLS Data

5.1 Data Sources

Property listings are provided through Multiple Listing Services (MLS) and other authorized sources. All MLS data is used under license and is subject to MLS terms and conditions.

5.2 Data Accuracy

While we strive to provide accurate information, property details, prices, and availability are subject to change without notice. We make no warranties regarding the accuracy, completeness, or timeliness of property information.

5.3 MLS Data Restrictions

You agree not to:

  • Copy, reproduce, or redistribute MLS data
  • Use MLS data for commercial purposes outside of your legitimate property search
  • Modify or alter MLS content or property photos
  • Store or compile MLS data in databases or other systems

6. Intellectual Property Rights

6.1 Our Content

The Service and its original content, features, and functionality are owned by ENC Pirate Realty, Inc and ENC Pirate Realty-Howard Hanna and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 User Content

By submitting content to the Service (reviews, comments, inquiries), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content in connection with our Service.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Communications and Marketing

8.1 Consent to Contact

By using our Service and providing contact information, you consent to receive communications from us and our agents regarding real estate services, including:

  • Phone calls and text messages
  • Email communications
  • Marketing materials about properties and services

8.2 Opt-Out Options

You may opt out of marketing communications at any time by following the unsubscribe instructions in our communications or contacting us directly.

9. Fair Housing and Equal Opportunity

ENC Pirate Realty, Inc and ENC Pirate Realty-Howard Hanna is committed to compliance with all fair housing laws. We provide equal professional service without regard to race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Property Information Disclaimer

We do not warrant the accuracy of property information, including but not limited to:

  • Property descriptions, square footage, or features
  • Pricing information
  • Availability status
  • Property condition or compliance with applicable laws

10.3 Limitation of Liability

IN NO EVENT SHALL ENC PIRATE REALTY-HOWARD HANNA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE.

11. Indemnification

You agree to defend, indemnify, and hold harmless ENC Pirate Realty-Howard Hanna and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

12. Third-Party Services

Our Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party services.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting the new Terms on this page with a new effective date.

15. Governing Law

These Terms are governed by the laws of North Carolina, without regard to its conflict of law provisions.

16. Severability

If any provision of these Terms is held to be unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

17. Contact Information

If you have questions about these Terms, please contact us at:

ENC Pirate Realty, Inc and ENC Pirate Realty-Howard Hanna
Website: www.encpiraterealty.com
Email: [admin@encpiraterealty.com]
Phone: [252-378-2313]

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.