Terms of
Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. By accessing or using byrybicki.com (the “Site”), you agree to be legally bound by these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, you must immediately cease use of the Site.

These Terms constitute a legally binding agreement between you and Matthew Rybicki PLLC d/b/a By Rybicki (“Company,” “we,” “us,” or “our”). We reserve the right to modify these Terms at any time in our sole discretion. Changes will be posted on this page with an updated effective date. Your continued use of the Site after any changes constitutes acceptance of the revised Terms.

You must be 18 years of age or older to use this Site. By accessing the Site, you represent that you meet this requirement. The Site is intended for personal, non-commercial use only.

byrybicki.com provides real estate information and marketing services for informational purposes only, including:

• McDowell Mountain Ranch (MMR) market data and bi-weekly market updates
• Home evaluation (CMA) request forms
• Buyer and seller consultation scheduling
• Real estate newsletter and educational content
• Community event information

Matt Rybicki is a licensed Arizona real estate salesperson (ADRE License SA712773000) operating under GO BIG, LLC d/b/a Keller Williams Arizona Realty (Broker License LC534270000). All real estate brokerage services are conducted through and supervised by Keller Williams Arizona Realty and are subject to Arizona real estate law and the rules of the Arizona Department of Real Estate (ADRE).

Use of this Site is free of charge. However, formal real estate representation services — including listing agreements, buyer broker agreements, and transaction services — require separate, written agreements executed outside of this website.

This Site is not a licensed real estate brokerage platform, MLS system, or transaction management service. No real estate transaction can be initiated, executed, or completed through this Site alone.

By using this Site, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• All information you submit through the Site is true, accurate, current, and complete
• You will promptly update any information you have provided if it changes
• You will not use the Site for any fraudulent, illegal, or unauthorized purpose
• Your use of the Site will not violate any applicable law or regulation
• You are not located in a country subject to a U.S. government embargo or sanctions

If any information you provide is untrue, inaccurate, or incomplete, we reserve the right to terminate your access to the Site and refuse any current or future service. You acknowledge that we may rely on the accuracy of your representations.

Under Arizona law (A.R.S. § 32-2151.01 et seq.), real estate licensees must disclose their agency relationship. Your use of this Site does not create an agency relationship. A formal agency relationship requires a separate, signed written agreement.

• Seller's Agent: When representing a seller, Matt Rybicki owes fiduciary duties exclusively to the seller, including duties of loyalty, disclosure, confidentiality, obedience, reasonable care, and accounting
• Buyer's Agent: When representing a buyer, Matt Rybicki owes fiduciary duties exclusively to the buyer under the same standard
• Transaction Broker / Limited Representation: In limited circumstances, Matt Rybicki may act as a transaction broker without owing fiduciary duties to either party. This arrangement requires written disclosure and agreement
• Dual Agency / In-House Transaction: Where Matt Rybicki or another agent at Keller Williams Arizona represents both buyer and seller in the same transaction, written consent from all parties is required. Dual agency limits the duties owed to each party

Arizona law requires agents to present the Agency Disclosure Form (ADRE Form LI-214) at or before the first substantive contact with a prospective buyer or seller. Nothing on this Site constitutes substantive contact for agency purposes without a formal written agreement.

No attorney-client, fiduciary, or professional relationship of any kind is created by your use of this Site.

ALL MARKET STATISTICS, CHARTS, TREND DATA, AND ANALYSIS PUBLISHED ON THIS SITE — INCLUDING BI-WEEKLY MARKET UPDATES AND THE McDOWELL MINUTE — ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL REAL ESTATE, FINANCIAL, LEGAL, OR INVESTMENT ADVICE.

• Data is sourced from the Arizona Regional Multiple Listing Service (ARMLS) and is deemed reliable but not guaranteed
• Market data represents a snapshot in time for a defined geographic area and may not reflect current or future conditions
• Data may contain errors, omissions, or inaccuracies; it has not been independently audited
• Past market performance does not guarantee, predict, or imply future results
• This data is not a substitute for a professional appraisal, formal market analysis, or legal advice
• All parties should independently verify material facts before making any real estate decision
• Market conditions in McDowell Mountain Ranch and the greater Scottsdale market can change rapidly and without notice

We expressly disclaim any and all liability arising from reliance on market data, statistics, or commentary published on this Site.

Home valuations provided through this Site are Comparative Market Analyses (CMAs) — an agent's opinion of value based on comparable sales data and current market conditions. THEY ARE NOT FORMAL APPRAISALS AND SHOULD NOT BE TREATED AS SUCH.

• CMAs are estimates only and are not USPAP-compliant formal appraisals
• A CMA must not be used for financing, mortgage lending, refinancing, tax, legal, estate, insurance, or any other official purpose requiring a formal appraisal
• Only a state-licensed, certified appraiser can provide a formal USPAP-compliant appraisal
• Estimated values may differ materially from formal appraisals, automated valuation models (AVMs), or tax assessed values
• Any valuation provided represents a point-in-time estimate that may become outdated rapidly as market conditions change
• We make no representation or warranty that any CMA reflects the price at which a property will actually sell

BY REQUESTING AND/OR RELYING ON A CMA, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ THIS DISCLAIMER AND THAT THE CMA IS NOT A FORMAL APPRAISAL.

We make absolutely no representations, warranties, or guarantees regarding real estate outcomes, market performance, investment returns, or any other results that may arise from information obtained through this Site.

• We do not guarantee that any property will sell at, above, or near any estimated value
• We do not guarantee that any buyer will find a suitable property or that any purchase will close
• We do not guarantee the accuracy of neighborhood, school, HOA, or community information
• We do not guarantee the accuracy of property tax information, zoning classifications, or permit records
• We do not guarantee that historical market trends will continue
• Real estate transactions involve inherent risks, including but not limited to market risk, financing risk, title risk, property condition risk, and environmental risk

All decisions regarding real estate transactions should be made in consultation with qualified professionals including, as appropriate, licensed real estate agents, attorneys, accountants, appraisers, inspectors, and financial advisors. Nothing on this Site constitutes legal, financial, tax, or investment advice.

By submitting any form on this Site — including contact, home evaluation, or newsletter signup forms — you consent to be contacted by By Rybicki Real Estate regarding your inquiry and related real estate services.

This consent language complies with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and applicable FCC regulations. You may revoke your consent to receive communications at any time by:

• Replying STOP to any SMS/text message to opt out of text messages immediately
• Clicking the unsubscribe link in any marketing email
• Contacting us directly at info@byrybicki.com or (480) 910-4422

Opting out of marketing communications will not affect transactional communications related to an active, written real estate representation agreement. Submitting a form does not establish an agency relationship; it only constitutes a request for contact.

All content on this Site — including without limitation text, market updates, the McDowell Minute newsletter, graphics, photography, video, logos, trade names, and code — is the property of Matthew Rybicki PLLC or its licensors and is protected by applicable copyright, trademark, and intellectual property laws. All rights reserved.

• Market update articles, the McDowell Minute, and all original content are protected by copyright and may not be reproduced, distributed, or commercially exploited without prior written permission
• The “By Rybicki” name, brand, and logo are proprietary marks of Matthew Rybicki PLLC
• MLS data displayed on this Site is licensed from ARMLS for personal, non-commercial use only and may not be reproduced or redistributed
• Photography and video content is protected by copyright and may not be reused without written authorization

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view Site content for personal, non-commercial purposes only. This license does not include any right to: (a) modify or create derivative works; (b) publicly display or perform; (c) reproduce, distribute, or commercially exploit; or (d) sublicense or transfer any content. Any unauthorized use will result in immediate termination of this license and may subject you to legal liability.

THE SITE AND ALL CONTENT, INFORMATION, SERVICES, AND MATERIALS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MATTHEW RYBICKI PLLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Site will be uninterrupted, error-free, secure, or free of viruses, malware, or other harmful components
• Any warranty regarding the accuracy, reliability, completeness, currency, or timeliness of any content or information on the Site
• Any warranty that defects will be corrected
• Any warranty arising from a course of dealing or usage of trade

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY DECISIONS MADE IN RELIANCE ON INFORMATION OBTAINED FROM THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MATTHEW RYBICKI PLLC, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business, or goodwill
• Personal injury or property damage arising from your use of the Site
• Unauthorized access to or alteration of your data
• Conduct of any third party on the Site or linked from the Site
• Any other damages arising from your use of or inability to use the Site

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE SITE IS LIMITED TO THE GREATER OF: (A) $100; OR (B) THE TOTAL FEES PAID BY YOU TO MATTHEW RYBICKI PLLC IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow exclusion or limitation of certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law. The limitations above are a fundamental element of the basis of the bargain between you and us.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Matthew Rybicki PLLC and its officers, members, employees, contractors, agents, licensors, affiliates, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your access to or use of the Site
• Your violation of any provision of these Terms
• Your violation of any third-party right, including any intellectual property, privacy, or contractual right
• Any claim that your use of the Site caused damage to a third party
• Any information or content you submit to the Site that is false, misleading, or inaccurate
• Your violation of any applicable law, regulation, or rule

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such matter. You agree not to settle any such matter without our prior written consent.

You agree not to use this Site in any way that:

• Violates any applicable federal, state, local, or international law or regulation
• Involves scraping, crawling, harvesting, or automated collection of any data or content from the Site
• Reproduces, redistributes, or commercially exploits MLS data obtained from the Site
• Impersonates Matthew Rybicki, By Rybicki, Keller Williams, or any other person or entity
• Submits false, misleading, fraudulent, or inaccurate information through any form
• Transmits or uploads any malware, spyware, viruses, Trojan horses, worms, or other harmful or disruptive code
• Interferes with, disrupts, damages, or gains unauthorized access to the Site's servers, infrastructure, or connected systems
• Collects or harvests personal information about other users without consent
• Uses the Site to send unsolicited communications (spam)
• Engages in any activity that is abusive, harassing, threatening, or defamatory toward our staff or other users
• Attempts to reverse engineer, decompile, or disassemble any software component of the Site
• Removes or alters any copyright, trademark, or other proprietary notice

Violation of these prohibitions may result in termination of your access to the Site, referral to law enforcement, and/or civil legal action.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND INCLUDES A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

Informal Resolution First: Before initiating any formal proceeding, you agree to contact us in good faith at info@byrybicki.com and attempt to resolve the dispute informally. We will attempt to respond within 30 days. Many disputes can be resolved this way.

Binding Arbitration: If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or our services — including disputes about the existence, validity, or enforceability of this arbitration agreement — shall be resolved by final and binding arbitration administered under the American Arbitration Association (AAA) Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in Maricopa County, Arizona, and governed by the Federal Arbitration Act (FAA) and Arizona law.

Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND MATTHEW RYBICKI PLLC EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to us at 15333 N Pima Rd. Ste 130, Scottsdale, AZ 85260 within 30 days of first using this Site or first agreeing to these Terms. Opting out does not affect any other provision of these Terms.

Exceptions: Nothing in this section prevents either party from seeking emergency injunctive or equitable relief in court to prevent imminent harm, or from filing claims in small claims court for matters within that court's jurisdiction.

Governing Law: These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any arbitration or court proceeding shall take place in Maricopa County, Arizona.

• Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices posted on the Site, constitute the entire agreement between you and us with respect to the Site and supersede all prior agreements
• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect
• No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision
• Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government actions, internet outages, or power failures
• No Agency or Partnership: Your use of this Site does not create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and us
• Electronic Communications: By using the Site and submitting forms, you consent to receive communications from us electronically. 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
• Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction
• Headings: Section headings are for convenience only and have no legal or contractual effect

Questions about these Terms? Contact us: