Terms and Conditions

1. Agreement Between User and bartletthicksrealty.com

Welcome to bartletthicksrealty.com. The bartletthicksrealty.com website (the “Site”) is operated by HDMS & Standard GIS, Inc., an Arkansas corporation. Real estate brokerage services described on the Site are offered under the firm name Bartlett Hicks Realty, Inc., the firm name approved by the Arkansas Real Estate Commission (together, “Bartlett Hicks Realty,” “we,” “us,” or “our”).

bartletthicksrealty.com is a real estate brokerage information site.

Your use of the Site is conditioned on your acceptance of the terms, conditions, and notices contained here (the “Terms”). By using the Site, creating an account, or submitting information through any form on the Site, you agree to these Terms. Please read them carefully and keep a copy for your reference.

2. Licensed Brokerage; Affiliated Businesses; No Professional Services Offered Through the Site

Real estate brokerage services are provided through Jan Bartlett Hicks, a Principal Broker licensed by the Arkansas Real Estate Commission, License No. PB00035482, and licensees affiliated with the Principal Broker. Bartlett Hicks Realty, Inc. is the firm name approved by the Arkansas Real Estate Commission under which that brokerage business is conducted.

Real estate brokerage is the only service offered or provided through this Site.

Affiliated businesses. HDMS & Standard GIS, Inc. conducts other lines of business under other names, including architecture, lidar, and geospatial services. People affiliated with Bartlett Hicks Realty also hold ownership interests in other Arkansas businesses, including a licensed construction company. None of those services is offered, provided, or sold through this Site. Nothing on this Site is an offer to engage in the practice of architecture, interior design, engineering, land surveying, appraisal, or property inspection.

If a Bartlett Hicks Realty licensee ever refers you to a business in which that licensee, the firm, or its owners hold an interest, you will receive written disclosure of that interest before you engage the business. You are never required to use a referred business, and using one is never a condition of listing with us or buying through us.

The Site describes the professional backgrounds, licenses, and credentials of individuals affiliated with Bartlett Hicks Realty. Those descriptions are biographical — they identify who you are working with and what they know. They are not an offer of professional services through this Site. Any licensed professional service is engaged separately, under its own written agreement, with the licensed individual or firm providing it.

3. No Brokerage or Agency Relationship Created

Browsing the Site, submitting a form, saving a search, creating an account, or corresponding with us does not create a brokerage relationship, an agency relationship, or a fiduciary duty between you and Bartlett Hicks Realty or any of its licensees.

Under Arkansas law, a brokerage relationship is created only by a written agreement you have signed. Until such an agreement is in place, no licensee of Bartlett Hicks Realty represents you, and information you provide through the Site is not protected as confidential information under a brokerage relationship. If you are already represented by another brokerage under a written agreement, nothing on this Site is intended as a solicitation of that agreement.

4. Property Information; No Appraisal, Inspection, or Survey

Listing information. Property information on the Site — including square footage, acreage, lot dimensions, year built, school district, tax and assessment figures, zoning, utilities, permitted use, and condition — is compiled from sources including the property owner, public records, and the multiple listing service. It is deemed reliable but is not guaranteed and is not independently verified by Bartlett Hicks Realty. You should independently verify all information, with your own professionals, before relying on it.

Valuations and pricing information. Any price opinion, comparative market analysis, estimated value, automated valuation, or pricing guidance provided through the Site or by a Bartlett Hicks Realty licensee is a broker’s opinion of value. IT IS NOT AN APPRAISAL AND MAY NOT BE USED AS ONE. An appraisal may be performed only by an appraiser licensed or certified for that purpose.

Observations about condition. Statements by a Bartlett Hicks Realty licensee about the condition of a property — including observations distinguishing cosmetic from structural conditions, or about what repairs or improvements may affect market value — are a broker’s observations offered to inform your marketing and pricing decisions. THEY ARE NOT A HOME INSPECTION, AN ENGINEERING EVALUATION, OR A PROFESSIONAL OPINION ON STRUCTURAL ADEQUACY, CODE COMPLIANCE, OR HABITABILITY, and they are not a substitute for any of those. You should obtain your own inspection by a licensed home inspector and, where circumstances warrant, an evaluation by a licensed engineer or architect.

Maps, aerial imagery, terrain models, and geospatial data. The Site may display aerial imagery, elevation and terrain models, contour renderings, parcel overlays, acreage figures, and other geospatial products derived from lidar, publicly available datasets, and other sources. These materials are illustrative. THEY ARE NOT A BOUNDARY SURVEY. NO LINE, OUTLINE, OVERLAY, OR DIMENSION SHOWN ON THE SITE MAY BE RELIED UPON AS A PROPERTY BOUNDARY, EASEMENT, RIGHT-OF-WAY, SETBACK, ENCROACHMENT, OR ACREAGE DETERMINATION. Acreage and dimensions shown are as reported by the source indicated and are not independently measured by Bartlett Hicks Realty. Only a boundary survey prepared by a professional land surveyor licensed in Arkansas establishes the location of a property line. Flood, wetland, soil, timber, mineral, water, and legal access characteristics shown or described are likewise illustrative and must be independently verified.

Renderings and conceptual materials. Site plans, layouts, massing studies, renderings, and similar materials shown on the Site are conceptual illustrations of possible use. They are not construction documents, have not been permitted or approved, do not establish that any depicted use or improvement is allowed under applicable zoning, subdivision, or building codes, and are not a representation that any depicted improvement can be built.

Photographs and images. Photographs may be adjusted for color, exposure, and lighting. Where an image has been virtually staged, materially altered, or generated or enhanced using artificial intelligence, we identify it as such on or adjacent to the image.

5. Multiple Listing Service Data (IDX)

Certain listing content on the Site is provided under an Internet Data Exchange license from Cooperative Arkansas REALTORS® Multiple Listing Services, Inc. (the “MLS”). That content:

• is owned by the MLS and its participants and is provided solely for your personal, non-commercial use in identifying property you may be interested in purchasing;
• is deemed reliable but is not guaranteed accurate by the MLS or by Bartlett Hicks Realty;
• identifies the listing firm as required by MLS rules — listings not identified as Bartlett Hicks Realty listings are the listings of other brokerages;
• is refreshed periodically and may not reflect the current status, price, or availability of a property.

You may not scrape, harvest, copy, republish, redistribute, resell, or create a derivative database from MLS content displayed on the Site, and you may not use any robot, spider, scraper, or other automated means to access it.

6. Equal Housing Opportunity

Bartlett Hicks Realty is committed to the letter and the spirit of United States policy for the achievement of equal housing opportunity. We conduct our business in accordance with the federal Fair Housing Act and the Arkansas Fair Housing Act, and we do not discriminate on the basis of race, color, religion, sex, national origin, familial status, or disability.

Property descriptions on this Site describe property, not the people who may live there. If you believe any content on the Site indicates a preference, limitation, or discrimination, please contact us at the address in Section 27 so that we can correct it.

7. Search Tools and Automated Features

The Site offers a search tool that accepts plain-language queries and uses automated and artificial-intelligence-assisted processing to interpret them and return results. The Site may also use automated processing to draft or summarize property descriptions.

These features are conveniences. They may misinterpret a query, omit properties that match it, return properties that do not match it, or produce summaries containing errors. SEARCH RESULTS ARE NOT A COMPLETE OR AUTHORITATIVE INVENTORY OF AVAILABLE PROPERTY, AND AUTOMATED OUTPUT IS NOT ADVICE. Confirm anything that matters to your decision with a Bartlett Hicks Realty licensee before acting on it.

Search results may include properties listed by Bartlett Hicks Realty and properties listed by other brokerages. Results are ordered by the sort option you select — newest first by default — or, for plain-language searches, by relevance to your query. Results are not ranked according to which brokerage holds the listing.

8. Privacy

Your use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference and describes what information we collect, how we use it, and with whom we share it.

9. Electronic Communications

Visiting the Site or sending email to Bartlett Hicks Realty constitutes electronic communication. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

10. Calls and Text Messages

If you provide a telephone number through the Site, you agree that we may contact you at that number regarding your inquiry.

Where a form on the Site asks separately for your consent to receive marketing calls or text messages sent using an automatic telephone dialing system or an artificial or prerecorded voice, that consent is given at the form and is separate from these Terms. Consent to marketing calls or text messages is never a condition of buying or selling property with us or of using the Site.

You may revoke consent at any time by any reasonable means, including by replying STOP to a text message, by telling any Bartlett Hicks Realty licensee, or by writing to us at the address in Section 27. We will honor a revocation within ten business days. Message and data rates may apply.

11. Your Account

If you create an account on the Site, you are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Keep your password secure and notify us promptly if you believe your account has been accessed without your authorization.

You may create an account with an email address and password, or by signing in with a Google account. If you sign in with Google, Google authenticates you and we receive your name, email address, and profile picture; we never receive your Google password. You remain responsible for activity under your account either way, and for the security of whichever account you use to sign in. Our Privacy Policy describes what we receive and how to disconnect that access.

You may not assign or transfer your account to another person or entity. We are not responsible for third-party access to your account resulting from theft or misappropriation of your credentials. Bartlett Hicks Realty and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

12. Adults Only

The Site is intended for use by adults. Bartlett Hicks Realty does not knowingly collect personal information, online or offline, from any person under the age of eighteen. If you are under eighteen, do not create an account or submit information through the Site. If you believe a person under eighteen has provided us with personal information, contact us at the address in Section 27 and we will delete it.

13. Content You Provide

You retain ownership of the photographs, documents, property details, messages, feedback, and other materials you provide to us or submit through the Site (“Submissions”).

By providing a Submission, you grant Bartlett Hicks Realty and its authorized service providers a non-exclusive, royalty-free, worldwide license to use, copy, store, reproduce, adapt, publish, publicly display, and distribute it in connection with marketing your property, operating the Site, and conducting our real estate brokerage business, including through the multiple listing service and syndicated listing platforms, and to publish your name in connection with it where you have asked us to.

This license does not extend to a profile picture on your account, which we use only to display your account within the Site and do not publish, syndicate, or provide to the MLS.

You represent and warrant that you own or otherwise control all rights necessary to grant that license and that your Submission does not infringe or violate the rights of any third party. No compensation is payable for the use of a Submission. Bartlett Hicks Realty is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.

You agree not to submit anything that is unlawful, infringing, defamatory, obscene, harassing, or that contains viruses or other malicious code, and not to use the Site to harvest or collect information about others without their consent.

14. Copyright Complaints

If you believe content on the Site infringes your copyright, send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to our designated agent:

We will respond to properly submitted notices in accordance with the Digital Millennium Copyright Act. We will remove or disable access to material that is the subject of a valid notice, notify the person who submitted it, and accept counter-notices meeting the requirements of 17 U.S.C. § 512(g)(3).

It is our policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers.

15. Intellectual Property; Permitted Use

Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use in connection with buying or selling real property.

All content included as part of the Site — text, graphics, logos, images, photography, terrain models and other geospatial products, and any software used on the Site, as well as the compilation of all of it — is the property of Bartlett Hicks Realty or its suppliers and licensors and is protected by copyright and other laws protecting intellectual property and proprietary rights. You agree to observe all copyright and other proprietary notices and restrictions contained in that content and to make no changes to it.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. Bartlett Hicks Realty content is not for resale. You will not delete or alter any proprietary rights or attribution notice. You acquire no ownership rights in any protected content, and we grant you no licenses, express or implied, to the intellectual property of Bartlett Hicks Realty or our licensors except as expressly authorized by these Terms.

You will not use the Site for any purpose that is unlawful or prohibited by these Terms, and you will not use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of it. You will not obtain or attempt to obtain any material or information through any means not intentionally made available through the Site, and you will not use any robot, spider, scraper, or other automated means to access, monitor, index, or copy the Site or its content.

16. Third-Party Sites and Services

The Site may contain links to websites operated by others (“Linked Sites”). Linked Sites are not under the control of Bartlett Hicks Realty, and we are not responsible for their contents, for any link contained in them, or for any change or update to them. We provide these links only as a convenience, and the inclusion of any link does not imply endorsement by Bartlett Hicks Realty of the site or any association with its operators.

Certain services made available through the Site are delivered by third-party services and organizations. By using any product, service, or functionality originating from the bartletthicksrealty.com domain, you acknowledge and consent that Bartlett Hicks Realty may share information and data with a third party with whom Bartlett Hicks Realty has a contractual relationship to provide the requested product, service, or functionality.

17. Accessibility

We want the Site to be usable by everyone, and we work to keep it accessible. If you encounter a barrier to accessing any part of the Site or any property information on it, contact us at the address in Section 27 and we will work with you to provide that information or complete the transaction by another means.

18. International Users

The Site is controlled, operated, and administered by Bartlett Hicks Realty from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use Bartlett Hicks Realty content accessed through the Site in any country or in any manner prohibited by any applicable law, restriction, or regulation.

19. Disclaimer of Warranties

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BARTLETT HICKS REALTY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BARTLETT HICKS REALTY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, PROPERTY DATA, GEOSPATIAL PRODUCTS, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, PROPERTY DATA, GEOSPATIAL PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BARTLETT HICKS REALTY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, PROPERTY DATA, GEOSPATIAL PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BARTLETT HICKS REALTY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, PROPERTY DATA, GEOSPATIAL PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BARTLETT HICKS REALTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BARTLETT HICKS REALTY AND ITS SUPPLIERS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO BARTLETT HICKS REALTY FOR ACCESS TO THE SITE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

NOTHING IN THESE TERMS LIMITS ANY OBLIGATION OR LIABILITY OF BARTLETT HICKS REALTY OR ITS LICENSEES ARISING UNDER A SIGNED BROKERAGE AGREEMENT, UNDER THE ARKANSAS REAL ESTATE LICENSE LAW, OR UNDER ANY OTHER LAW THAT MAY NOT BE LIMITED BY AGREEMENT.

21. Indemnification

You agree to indemnify, defend, and hold harmless Bartlett Hicks Realty, its officers, directors, employees, licensees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or its services, any Submission made by you, your violation of any of these Terms, your violation of the rights of a third party, or your violation of any applicable law, rule, or regulation. Bartlett Hicks Realty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bartlett Hicks Realty in asserting any available defenses.

22. Governing Law; Venue; Jury Trial and Class Action Waiver

To the maximum extent permitted by law, these Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Arkansas, without regard to its conflict of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Arkansas for all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section.

Jury trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND BARTLETT HICKS REALTY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.

Class action waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND BARTLETT HICKS REALTY EACH AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION. Unless both you and Bartlett Hicks Realty agree otherwise, no court may consolidate more than one person’s claims or otherwise preside over any form of representative or class proceeding under these Terms.

If the class action waiver in this section is found to be unenforceable as to any claim or any request for relief, that claim or request for relief shall be severed from the remainder of this section and brought in court, and the remainder of this section shall continue in effect.

23. Time Limit on Claims

To the maximum extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the Site or to these Terms must be filed within one (1) year after such claim or cause of action arose, or it is permanently barred. This section does not apply to any claim arising under a signed brokerage agreement or under the Arkansas real estate license law.

24. Termination and Access Restriction

Bartlett Hicks Realty reserves the right, in its sole discretion, to terminate your access to the Site and its related services, or any portion of them, at any time and without notice.

25. General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bartlett Hicks Realty as a result of these Terms or your use of the Site.

Bartlett Hicks Realty’s performance of these Terms is subject to existing laws and legal process, and nothing in these Terms is in derogation of Bartlett Hicks Realty’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or to information provided to or gathered by Bartlett Hicks Realty with respect to such use.

You may not assign or transfer these Terms or any rights under them. Bartlett Hicks Realty may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

These Terms do not confer any rights on any third party, except that the disclaimers and limitations of liability in Sections 19 through 21 apply for the benefit of Bartlett Hicks Realty’s suppliers, licensors, and licensees.

If any part of these Terms is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

Unless otherwise specified, these Terms constitute the entire agreement between you and Bartlett Hicks Realty with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Bartlett Hicks Realty with respect to the Site. These Terms do not modify, limit, or supersede any signed listing agreement, buyer representation agreement, purchase agreement, or other written contract between you and Bartlett Hicks Realty; in the event of a conflict, that signed agreement controls as to its subject matter.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

26. Changes to These Terms

Bartlett Hicks Realty reserves the right, in its sole discretion, to change the Terms under which bartletthicksrealty.com is offered. The most current version of the Terms supersedes all previous versions, and each version carries the effective date shown at the top of this page.

If we make a material change, we will update the effective date and, where you hold an account with us, notify you by email or through the Site before the change takes effect. Your continued use of the Site after a change takes effect constitutes your acceptance of the revised Terms.

27. Contact Us

Bartlett Hicks Realty welcomes your questions or comments regarding these Terms:

Licensed by the Arkansas Real Estate Commission. Equal Housing Opportunity.