Effective Date: July 19, 2026
These Terms of Service (“Terms”) govern all access to and use of the website located at davidhamilton.com (“Site”), operated by David Hamilton, REALTOR®, licensed affiliate broker in the State of Tennessee with Weichert, Realtors® – Advantage Plus, an independently owned and operated franchisee of Weichert Co. By accessing or using any portion of this Site — including its property search tools, market data resources, and editorial content — the user agrees to be fully bound by these Terms. If the user does not agree to these Terms in their entirety, they must discontinue use of this Site immediately.
1. Acceptance of Terms
Access to and use of this Site constitutes the user’s unconditional acceptance of these Terms of Service, the Site’s Privacy Policy, and all applicable East Tennessee Realtors® Multiple Listing Service (MLS) IDX participation rules. These Terms apply to all visitors, registered users, and any other individuals who access or interact with the Site in any capacity.
David Hamilton, REALTOR® and Weichert, Realtors® – Advantage Plus reserve the right to modify, update, or replace any portion of these Terms at any time without prior notice. The “Effective Date” displayed at the top of this page will reflect the date of the most recent revision. Continued use of the Site following any posted modification constitutes the user’s acceptance of the revised Terms.
2. Permitted Use of This Site and IDX Property Search Tools
This Site and all property search tools, IDX listing data, market reports, neighborhood guides, and editorial content are made available strictly for the user’s personal, non-commercial use only. Users are expressly permitted to:
- Search active property listings for personal home purchase or sale research purposes.
- Save or print individual property listing pages for personal reference during an active home search.
- Contact David Hamilton, REALTOR® directly through the Site’s contact tools to request representation, schedule showings, or request market analysis.
- Access and read market intelligence articles, neighborhood guides, and educational content published on the Site for personal informational purposes.
Any use of this Site or its data beyond the personal, non-commercial scope described above is strictly prohibited without the express prior written consent of David Hamilton, REALTOR® and the East Tennessee Realtors® MLS.
3. Prohibited Uses and Anti-Scraping Policy
The property listing data, photographs, virtual tours, pricing information, and all associated MLS content displayed on this Site are the intellectual property of their respective listing brokers and the East Tennessee Realtors® Multiple Listing Service. This content is protected under applicable copyright law, MLS Rules and Regulations, and these Terms of Service.
The following activities are strictly and expressly prohibited:
- Automated Data Collection: The use of any automated tool, software program, robot, spider, scraper, crawler, script, browser extension, or any other automated mechanism to access, extract, copy, index, harvest, or monitor any portion of this Site’s content — including IDX listing data, property photographs, pricing data, or MLS feed records — is strictly prohibited.
- Bulk Data Downloading: Systematically downloading, exporting, or reproducing any volume of property listing data, MLS records, or associated media from this Site for any purpose — commercial or otherwise — is prohibited without the express written authorization of the East Tennessee Realtors® MLS and David Hamilton, REALTOR®.
- Data Redistribution: Republishing, retransmitting, reselling, sublicensing, or otherwise redistributing any IDX listing content, property data, or MLS records obtained from this Site to any third party, platform, or database is strictly prohibited.
- Commercial Aggregation: Using any content from this Site to populate, train, feed, or supplement any competing real estate search platform, commercial property database, artificial intelligence training dataset, or automated valuation model (AVM) is prohibited.
- Circumvention of Technical Controls: Attempting to bypass, disable, or circumvent any technical security measure, access control, rate-limiting mechanism, or data protection system implemented on this Site is prohibited and may constitute a violation of applicable state and federal computer fraud statutes.
Violations of this Section may result in immediate termination of Site access, referral to the East Tennessee Realtors® MLS compliance department, and pursuit of all available legal remedies including injunctive relief and recovery of damages under applicable copyright and computer fraud law.
4. IDX Listing Data — “As-Is” Disclaimer and Limitation of Liability
Property listing data displayed on this Site is sourced from the IDX data feed of the East Tennessee Realtors® Multiple Listing Service and is updated on a periodic basis. Real estate market data — including list prices, property status, square footage, lot dimensions, tax assessments, HOA fees, school zone assignments, and listing availability — is subject to rapid and frequent change without notice.
All IDX listing data and property information displayed on this Site is provided entirely on an “as-is” and “as-available” basis, without warranty of any kind, express or implied. Neither David Hamilton, REALTOR®, Weichert, Realtors® – Advantage Plus, the East Tennessee Realtors® MLS, nor any listing broker represented in the IDX feed makes any representation or warranty regarding the accuracy, completeness, timeliness, or fitness for any particular purpose of any property data displayed on this Site.
Users are expressly advised to:
- Independently verify all property details — including square footage, legal description, school zone assignment, HOA status and fees, zoning classification, and current list price — directly with the listing broker or through a licensed real estate professional prior to making any financial decision.
- Engage a qualified licensed home inspector, independent appraiser, and real estate attorney prior to executing any purchase contract or closing any real estate transaction.
- Confirm current property availability and listing status directly with a licensed agent, as IDX data may not reflect same-day status changes including price reductions, contract acceptance, or listing withdrawal.
Under no circumstances shall David Hamilton, REALTOR®, Weichert, Realtors® – Advantage Plus, or Weichert Co. be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from a user’s reliance on any property data, market information, or editorial content displayed on this Site. This limitation of liability applies to the fullest extent permitted under applicable Tennessee law.
5. No Agency Relationship Created by Site Use
Access to and use of this Site — including its property search tools, contact forms, and market content — does not establish, create, or imply any agency relationship, fiduciary duty, or contractual obligation between the user and David Hamilton, REALTOR® or Weichert, Realtors® – Advantage Plus. A formal agency relationship is established only through the execution of a written Buyer Representation Agreement or Listing Agreement signed by both parties in accordance with Tennessee real estate law.
Tennessee law requires that the nature of any agency relationship — including buyer representation, seller representation, or dual agency — be disclosed to consumers in writing at the earliest practical opportunity. Users seeking real estate representation are encouraged to contact a licensed real estate agent directly to discuss representation options and agency disclosure requirements prior to touring properties or submitting offers.
6. Intellectual Property and Site Content
All original editorial content published on this Site — including neighborhood guides, market analysis articles, buyer and seller resources, and photography not sourced from the IDX feed — is the intellectual property of David Hamilton, REALTOR® and is protected under applicable United States copyright law. Unauthorized reproduction, distribution, or commercial use of any original Site content without prior written consent is strictly prohibited.
IDX listing content — including property photographs, listing descriptions, and MLS data records — remains the intellectual property of the originating listing broker and the East Tennessee Realtors® MLS. All rights reserved by their respective owners.
The Weichert® trademark, brand marks, and associated intellectual property are the sole property of Weichert Co. and are used on this Site under franchise license by Weichert, Realtors® – Advantage Plus. No trademark rights are transferred to Site users by virtue of access to this Site.
7. Third-Party Links and External Resources
This Site may contain links to third-party websites, government portals, MLS platforms, mortgage calculators, or other external resources provided for the user’s informational convenience. These external sites are operated independently and are governed by their own terms of service and privacy policies. David Hamilton, REALTOR® and Weichert, Realtors® – Advantage Plus exercise no control over third-party sites and assume no responsibility for their content, accuracy, data practices, or availability. The inclusion of any third-party link does not constitute an endorsement of the linked site or its operator.
8. Governing Law and Jurisdiction
These Terms of Service shall be governed by, construed under, and enforced in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms, the use of this Site, or any IDX data dispute shall be brought exclusively in the state or federal courts of competent jurisdiction located in Knox County, Tennessee. By using this Site, the user irrevocably consents to the personal jurisdiction of such courts and waives any objection to venue in Knox County, Tennessee.
9. Indemnification
The user agrees to indemnify, defend, and hold harmless David Hamilton, REALTOR®, Weichert, Realtors® – Advantage Plus, Weichert Co., the East Tennessee Realtors® MLS, and their respective officers, agents, and licensors from and against any claim, liability, loss, damage, cost, or expense — including reasonable attorneys’ fees — arising from the user’s violation of these Terms, misuse of IDX property data, unauthorized automated access to the Site, or any activity conducted through the user’s access to this Site that violates applicable law.
10. Severability
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible. The remaining provisions of these Terms shall continue in full force and effect.
11. Contact Information
Questions, concerns, or legal notices regarding these Terms of Service, IDX data use, or site access disputes should be directed to:
David Hamilton, REALTOR®
Weichert, Realtors® – Advantage Plus
📞 Office: (865) 474-7100
📞 Direct Cell: (865) 284-4663
✉️ Email: David Hamilton
