LEGAL DISCLAIMER:
Please review the Terms Of Service which has certain legal disclaimers regarding business practices. As far as the individual properties located outside the United States, the following shall apply as per california law: WARNING: THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT EXAMINED THIS OFFERING, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF TITLE, THE STATUS OF BLANKET LIENS ON THE PROJECT (IF ANY), ARRANGEMENTS TO ASSURE PROJECT COMPLETION, ESCROW PRACTICES, CONTROL OVER PROJECT MANAGEMENT, RACIALLY DISCRIMINATORY PRACTICES (IF ANY), TERMS, CONDITIONS, AND PRICE OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS (IF ANY), OR THE AVAILABILITY OF WATER, SERVICES, UTILITIES, OR IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU TO CONSULT AN ATTORNEY OR OTHER BUSINESS AND PROFESSIONS CODE 91 KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE AND DEVELOPMENT LAW IN THE COUNTRY WHERE THIS SUBDIVISION IS SITUATED.
TERMS OF USE
Our services are offered to you, the "User," conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of these services constitutes your agreement to all such terms, conditions, and notices.
SECURITY POLICY
We use extensive and sophisticated technology to secure and protect your data and transmissions between you and these property listings. Although we have taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, we cannot and do not guarantee that the personal information you provide will not be intercepted by others and decrypted.
REAL ESTATE SERVICES
All of the information you have provided in your registration form, should be true and complete. You authorize us, and our services, to begin a sales process on behalf of the homebuilders for whom you registered, and the region for which you have registered, and for our network of salespeople. We may keep the information you entered on the form, whether or not you complete a real estate transaction through us or not. You further understand and agree that by registering on our Web site or making a request on the site, you have established a business relationship with us, and therefore you are extending an express invitation for us, the homebuilders for whom you registered, and our network of real estate professionals, to contact you or your immediate family using methods including but not limited to email, US Mail, and by telephone using the information you have provided during registration, and that you hereby consent to allow such communications or telephone calls even if your phone number is on any Do Not Call list.
We are a marketing and sales organization to help promote properties, and may be licensed real estate agents or brokers. For its services on a completed transaction, we may receive a sales and marketing referral fee from the homebuilder. Your use of this property listing service constitutes your agreement with us for this compensation arrangement. If you are a real estate professional, we may register you as an agent working with us to help promote these properties upon any registration.
NATURE OF USE
The contents of this service are intended for the personal, non-commercial use of its users. All materials provided by us are protected by copyright and owned or controlled by us or the party credited as the provider of the content, software or other materials. Users shall abide by all additional copyright notices, information or restrictions contained in any other content accessed through the service or web site.
User may not store any significant portion of any content owned by or licensed to this property listing service in any form. Copying or storing of any content other than for personal, non-commercial use is expressly prohibited.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are Copyrighted with U.S.A. All rights reserved.
DISCLAIMERS AND LIMITATIONS
This property listing service intends that the information contained in its listings be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by this listing service at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." THIS LISTING SERVICE AND/OR ITS SUPPLIERS, PARTICIPATING BUILDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THESE SERVICES IS AT YOUR OWN RISK. THIS SERVICE AND/OR ITS SUPPLIERS, PARTICIPATING BUILDERS, OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THIS SERVICE OR WEB SITE AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY
As a condition of use of this property listing service, you agree to indemnify us and our suppliers, participating Builders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of these listing services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
We shall not be liable for, and the user hereby waives, any claims user may have against us in any way relating to the property identified, listed or described in the listing service or Web site or the construction of any residence or other improvement constructed thereon by any of the homebuilders. User specifically acknowledges that its rights and remedies with respect to the property, the condition of any home built by any homebuilder or any other aspect of its potential purchase of property listed in the Web site shall be against the homebuilders. We will not be liable for damage by reason of defects in materials or workmanship or for any other representations, warranties, statements or covenants of the homebuilder, whether express or implied (including, without limitation, any implied warranty of merchantability, habitability or fitness for a particular purpose) with respect to the information contained on the listing service or Web site, the property listed or referenced thereon, or the construction of the home on such property.
LINKS TO THIRD PARTIES
We may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. We may not operate or control in any respect any information, software, products or services available on such Web sites. Our inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. .
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of this listing service, to the goods or services provided by it, or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy as to its ability to be arbitrated ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be in Los Angeles, California, except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to this listing service or web site. In any arbitration, we will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Los Angeles, Ca. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using goods and services from this listing service and web site you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and us, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
OTHER TERMS
This Agreement constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of California. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth 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 the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.