Terms of Use
Last updated: 3 September 2026.
These terms govern your use of ellensrealtyguam.com, operated by Ellen’s Realty, LLC (“Ellen’s Realty”, “we”, “us”, “our”), a licensed real estate brokerage at 315 S. Marine Corps Drive, Ste. 201 & 202, Tamuning, GU 96913. By using the site you agree to them. If you do not, please do not use the site.
Section 11 contains an arbitration agreement and a waiver of your right to bring or join a class action. Please read it.
1. What this site is
This site advertises properties for sale and for rent on Guam and describes the services of Ellen’s Realty. It is an advertisement and an information resource. Nothing on it is an offer to sell or a solicitation of an offer to buy any property, and nothing on it is legal, tax, financial, appraisal, engineering or inspection advice.
2. No agency relationship
Browsing this site, saving a listing, or sending us an enquiry does not create a real estate agency, brokerage or fiduciary relationship between you and Ellen’s Realty. That relationship is created only by a written agreement signed by you and by us. Until then, no duty of agency is owed in either direction.
3. Listing data and the Guam MLS
Listing information on this site is provided courtesy of the Guam Multiple Listing Service. Where a property is listed by another brokerage, that brokerage is identified on the listing page.
Information is deemed reliable but not guaranteed and should be independently verified. Prices, availability, measurements, lot sizes, zoning, boundaries, permitted uses, taxes, association dues, school assignments and photographs may be inaccurate, out of date or withdrawn without notice. Square footage and lot dimensions are supplied by third parties and are approximate. Verify anything you intend to rely on before you act on it. A listing appearing here does not mean the property is still available.
Listing data is licensed to us for display and comes with conditions we must pass on to you:
- The data is for consumers’ personal, non-commercial use.
- It may not be used for any purpose other than identifying prospective properties you may be interested in buying or renting.
- You may not copy, redistribute, republish, sell or licence it.
- You may not scrape, crawl, harvest or bulk-download listing data, photographs or any other content from this site, or use automated means to access it, other than a recognised search engine indexing public pages in the ordinary way.
We may remove, change or stop displaying any listing at any time, and we must do so when the MLS or the listing brokerage requires it. Listings that are no longer on the market are not displayed.
4. Photographs, video and third-party media
Photographs, video tours and 3D walkthroughs are supplied by listing brokerages, their photographers and their media providers, and are hosted by those providers. They remain the property of their owners and are displayed under the licence the MLS grants for this purpose. Do not reproduce them.
If you own copyright in material displayed on this site and believe it is being used without authorisation, write to us at the address above or email info@ellensrealtyguam.com identifying the material and the page it appears on. We will investigate promptly and remove anything we are not entitled to display.
5. Our own content
The design, text, market analysis, photographs we took ourselves, and the software behind this site belong to Ellen’s Realty or our licensors and are protected by copyright and trademark law. You may view, print and share pages for your own personal, non-commercial use. Anything beyond that needs our written permission.
6. Acceptable use
Do not use this site to break the law, to impersonate anyone, to interfere with its operation or security, to gain unauthorised access to any system, to submit false contact details, to send spam, or to collect other people’s information. Do not submit anything to us that you do not have the right to send.
7. Enquiries you send us
When you send us an enquiry, you confirm the contact details you give are yours or that you are authorised to use them, and you agree we may contact you about it. What we do with those details is set out in our Privacy Policy, which forms part of these terms. Marketing calls and texts are optional and are governed by the separate consent described there.
8. Fair housing
Ellen’s Realty is an Equal Housing Opportunity brokerage. We comply with the Fair Housing Act and will not discriminate on the basis of race, colour, religion, sex, national origin, familial status or disability, and will not honour any request that we do.
9. Disclaimer of warranties
The site is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the site will be uninterrupted, error-free or secure, or that listing data is accurate, complete or current. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
10. Limitation of liability
To the fullest extent the law allows, Ellen’s Realty and its agents and employees will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, arising out of your use of this site or your reliance on any information displayed on it. Our total liability for any claim relating to this site is limited to one hundred United States dollars (US$100). Nothing in these terms limits liability that cannot lawfully be limited, and nothing here limits or affects our obligations to you as a brokerage under any signed agreement between us or under Guam real estate law.
11. Dispute resolution — arbitration agreement and class action waiver
Read this section carefully. It affects how disputes between you and us are resolved. If a claim is arbitrated, neither you nor we will have a judge or jury decide it, discovery will be more limited than in court, neither of us may bring or join a class or representative action, and rights of appeal are narrower.
(a) What is covered
“Claim” means any dispute between you and us arising out of or relating to these terms, the Privacy Policy, or your use of this site, whether based in contract, tort, statute or any other theory. In this section, “we”, “us” and “our” also include Ellen’s Realty’s parent, subsidiaries, affiliates and their officers, directors, employees and agents.
Excluded from this section: any claim brought in a small claims court that stays in that court and on an individual basis; any claim arising out of a signed listing agreement, buyer representation agreement, purchase agreement or lease, which is governed by the dispute resolution terms of that agreement; and any claim to protect intellectual property, which either of us may bring in court.
(b) Informal resolution first
Before starting arbitration, the party with the claim must give the other written notice describing it and what they want, and give 30 days to resolve it. Send notice to us at 315 S. Marine Corps Drive, Ste. 201 & 202, Tamuning, GU 96913. Most disputes are settled at this stage, and we would rather settle yours here.
(c) Starting an arbitration
Either party may elect arbitration by written notice, before or after a lawsuit about the Claim is filed. The party bringing the Claim is responsible for commencing the arbitration. The party commencing it selects the administrator: either the American Arbitration Association (120 Broadway, Floor 21, New York, NY 10271, adr.org) or JAMS (1920 Main St Ste 300, Irvine, CA 92614, jamsadr.com). If neither will serve, the parties will agree on an administrator or a court of competent jurisdiction will appoint one. A single arbitrator will be appointed, who must be a lawyer with at least ten years’ experience or a retired judge. The administrator’s rules apply so far as they do not conflict with this section, in which case this section governs. The arbitration will be held on Guam, or remotely, or wherever else we agree.
(d) Costs
The administrator’s rules govern who pays the fees of the arbitration. If you are the claimant and the administrator’s consumer rules would require you to pay a filing fee greater than you would pay to file the same claim in a Guam court, we will pay the difference. Each party otherwise bears its own legal costs, unless a statute or the arbitrator’s award provides otherwise.
(e) Class action waiver
If either party elects to arbitrate a Claim, neither party may: (i) take part in a class action, private attorney general action, or other representative action, in court or in arbitration, as a representative or a member; or (ii) consolidate their Claim with any other person’s. The arbitrator has no authority to conduct any proceeding contrary to this paragraph or to award relief to anyone other than you and us individually.
(f) Award and appeal
Any court of competent jurisdiction may enter judgment on the award. The award is final and binding except as the Federal Arbitration Act provides. An arbitrator’s decision binds only the parties to it and is not precedent in any other arbitration. If the amount of the Claim exceeds US$25,000, either party may appeal the award to a three-arbitrator panel appointed by the same administrator, by written notice within 30 days of the award; otherwise the award becomes final. The panel reconsiders the award afresh, reaching its own findings of fact and conclusions of law without deference to the original arbitrator, and decides by majority. Costs of the appeal are allocated under paragraph (d). Where this section refers to “the arbitrator”, it means the panel once an appeal is taken. The panel’s decision is subject to judicial review only as the Federal Arbitration Act provides.
(g) Your right to opt out
You may reject this arbitration agreement. Send us written notice within 30 days of your first use of this site, stating your name and that you reject the arbitration agreement, to 315 S. Marine Corps Drive, Ste. 201 & 202, Tamuning, GU 96913, or email info@ellensrealtyguam.com with the subject “Arbitration opt-out”. Opting out costs you nothing and affects nothing else in these terms.
(h) Survival and severability
This section survives termination of these terms and any bankruptcy, so far as bankruptcy law allows. If any part of it is held unenforceable, the rest stands, except that: (i) the class action waiver in paragraph (e) is not severable — if it is limited or held unenforceable, then this whole section is void as to that proceeding, subject to the right to appeal that ruling, and no class action will be arbitrated in any circumstances; and (ii) if a court finally holds that a claim for public injunctive relief cannot be waived or arbitrated, that claim will be heard in court and stayed until any individual claims have been arbitrated.
12. Governing law
These terms are governed by the laws of the Territory of Guam, without regard to its conflict of laws rules. Subject to section 11, any dispute not resolved in arbitration will be brought in the courts of Guam, and both parties consent to their jurisdiction. The Federal Arbitration Act governs section 11.
13. Changes
We may update these terms. The date at the top shows when they last changed. Continuing to use the site after a change means you accept it. If you do not, stop using the site.
14. Contact
Ellen’s Realty, LLC, 315 S. Marine Corps Drive, Ste. 201 & 202, Tamuning, GU 96913. Telephone +1 (671) 647-0888, email info@ellensrealtyguam.com. See also our Privacy Policy and our Accessibility Statement.
Questions? Call +1 (671) 647-0888 or contact us.