TERMS OF USE

 

Welcome.  This is a legal contract between you, the User , and DreamHomesInAz so read it carefully.  DreamHomesInAz  is the same as DreamHomesInAz, DreamHomesInAzAZ., DreamHomesInAz.com, and DreamHomesInAz.com- all of which are wholly owned subsidiaries of Pamela L Stevenson, PLC.  Pamela L Stevenson, PLC is affiliated with Liberty Properties and Associates, Inc.  DreamHomesInAz is willing to establish and/or maintain a relationship with you, the User, only on the condition that you, the User accept this contract.

 

THESE TERMS OF USE ("TOU") ESTABLISH THE OBLIGATIONS, PROMISES, AND TERMS TO WHICH YOU, THE USER, AGREE AND ARE BOUND.  BY COMPLETING THE SIGN UP FORMS FOR DreamHomesInAz OR USING THE DreamHomesInAz  WEBSITE OR BECOMING A DreamHomesInAz  MEMBER OR VENDOR, YOU, THE USER, ACCEPT ALL ASPECTS OF THE TOU.  EACH TIME YOU, THE USER, ACCESS OR USE THE DreamHomesInAz WEBSITE OR REQUEST OR ACCEPT ANY INFORMATION, GOOD, SERVICE, PRODUCT OR CONTENT FROM DreamHomesInAz, YOU, THE USER, UNDERSTAND AND AGREE THAT YOU, THE USER, ARE ACCEPTING, AFFIRMING OR RE-AFFIRMING THE THEN EXISTING TOU.  EXCEPT AS OTHERWISE PROVIDED THERIN, THE TOU APPLIES TO EVERY USER.  CAPITALIZED TERMS ARE DEFINED IN APPENDIX 1 WHICH IS INCORPORATED BY REFERENCE, AS IF FULLY SET FORTH HEREIN.

 

If you, the User, have any questions please send an email message to:  info @DreamHomesInAz.com

 

DreamHomesInAz.com and DreamHomesInAz.com  are websites that give free information concerning savings and free gifts given from  Realtors, Mortgage Professionals and/or Vendors.  Also provided to home buyers and home sellers is information concerning buying and/or selling a home.  A service is provided to show home values, homes available for sale, mortgage calculators, and valuable information to help Consumers make the most of their sale or purchase.  The information content, goods, products and services available from DreamHomesInAz are continuously reviewed and enhanced for the benefit of DreamHomesInAz Members and Users.

 

Links to other Internet sites that are not maintained by DreamHomesInAz are provided solely for your convenience and information.  DreamHomesInAz makes no warranties or representations about the contents of or any products or services offered in such third-party sites and recommends that you read the privacy and security policies of those sites. 

 

2.  PARTICIPATION

 

     A.  HOME SELLERS AND HOME BUYERS

                DreamHomesInAz currently provides that Home Sellers and Home Buyers can  participate  in  the

                Communications Services at no charge.  

               

                RESPONSIBILITIES OF HOME SELLERS

                By completing a property Profile on DreamHomesInAz, you as a Home Seller represent, warrant   and agree that: a) You are of legal age and are otherwise capable of forming a legally binding contract:  b) You are an owner of the property and have the legal right to offer it for sale; c) The property is located in a state of the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico; d) Your purpose in filling out the Free Appraisal Form  is to locate an Agent to represent you in selling property;  e) You are not an Agent and will not work on behalf of an Agent; f) The property is not currently listed with any Agent: g) DreamHomesInAz may request, receive, copy and review your real property transaction and/or settlement documents;  h) Any information or Endorsements given to you by an Agent  and/or Vendor is the sole responsibility of the Agent.  DreamHomesInAz  disclaims any liability arising from and the accuracy of any endorsements posted by an Agent and/or Vendor. 

               

                It is the Home Sellers responsibility to evaluate the nature of any Endorsement posted by any Agent and/or Vendors and to be aware that endorsements might not reflect the actual  quality of service that he/she receives from an Agent and/or Vendors.

 

                RESPONSIBILITIES OF HOME BUYERS

                By filling out a Profile for your Dream Home, you as a Home Buyer represent, warrant and agree that: a) You are of legal age and are otherwise capable of forming a legally binding contract; b) You are interested in purchasing property;  c) You are interested in purchasing property located in a state of the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico; d) Your purpose in filling out the form for a Dream Home is to locate an Agent to represent you in purchasing real property; e) You are not an Agent and will not act on behalf of an Agent; f) You do not have a contractual or other arrangement with an Agent;  g) DreamHomesInAz  may request, receive, copy and review your real property transaction and/or settlement documents;   h) Any Endorsements posted by an Agent and/or Vendors through DreamHomesInAz are the sole responsibility of the Agents and/or Vendors.  DreamHomesInAz disclaims any liability arising from and the accuracy of any Endorsements posted by Agents and/or Vendors.  It is the Home Buyer’s responsibility to evaluate the nature of any Endorsement posted by and Agent and/or Vendors and to be aware that Endorsements might not reflect the actual quality of service that he/she receives from an Agent and/or Vendors. 

               

     B.  REAL ESTATE AGENTS

                There are no monthly fees for Realtors to receive leads from this service but this is subject to change if deemed necessary by DreamHomesInAz. 

 

                RESPONSIBILITIES OF REAL ESTATE AGENTS

 

                By  accepting Referrals from DreamHomesInAz,  you as a Real Estate Agent  represent, warrant and agree that: a) You are of legal age and are otherwise capable of forming a legally binding contract;  b) You  will  always submit true, current and complete Endorsements,  advertising, proposal(s), and bid(s) to DreamHomesInAz,  its Seller(s),  Buyer(s)  or  other  User(s).  c) You  are  an  individual  or a single-shareholder  professional  corporation  or  similar  entity;   d) You  have acquired  and  will  maintain appropriate  insurance  coverage  and  have  complied  with  all  real  estate licensing  and  regulatory requirements  applicable  to Real Estate Agents  in  the area for  which  you  have  requested  E-mail Notifications;   e) You will  not use  information obtained  through   DreamHomesInAz  to  locate,  identify or directly contact a Home Seller or Home Buyer in any manner unless permission is given in writing from DreamHomesInAz;  f) You will not submit information to a Home Seller or Home Buyer for services that you  i) do not offer,  ii) are not permitted or licensed to offer based on  the applicable laws and regulations, or  iii) do not intend in good faith to contract with a Home Seller or Home Buyer to provide;  g) You will not take any action that may undermine the integrity of the User through DreamHomesInAz, including, without limitation; leaving positive feedback for  yourself  using secondary accounts or third parties; or leaving  negative feedback if  a User  fails to perform some action outside the scope of the Proposal submitted to Home Sellers, Home Buyers and Users (feedback extortion).   DreamHomesInAz reserves the right to terminate the participation of any Agent whose net feedback rating falls below a minimum level set by DreamHomesInAz, at DreamHomesInAzs  sole discretion;  h)  (i) You have secured and will maintain any required supervising Broker's authorization and payment of a fee that may be incurred by virtue of your participation with DreamHomesInAz, if you are a licensed Real Estate Salesperson, Broker associate or other non-supervising  Broker  real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but  subject to  broker oversight;  (ii) do not contain links to other web pages, pictures or java script; I) (I) You will not use any  service provided by DreamHomesInAz to impersonate or portray another person or entity; to communicate a false name or name you are not authorized to use, or otherwise engage in false or fraudulent practice(s) (ii) recognize fraudulent use(s) of any service provided by DreamHomesInAz may subject you to liability;  (iii) will be responsible for setting your own fees and commissions in compliance with applicable laws and regulations.  Any Agent failing to comply with the obligations set forth in these TOU will be immediately subject to administrative and/or legal action including, but not limited to termination of  participating in  the  Liberty Properties and Associates, Inc.  referral  program. Agents will give a referral  fee of 25%   (minimum of 2%  commission received) to Pamela L Stevenson PLC with Liberty Properties and Associates, Inc. for each referral at time of closing. Referral fees are subject to change as needed.  Applicable referral fees are calculated on the entire gross commission remitted to the side of the transaction concerning a DreamHomesInAz consumer, prior to any split between the Agent and his or her Broker, or allocation of a payment to another source (including, but not limited to, the referral fee payments to others).  Each agent also agrees to ensure that the closing agent for the transaction is instructed to pay Liberty Properties and Associates, Inc. the applicable  referral fees directly from  settlement proceeds (unless closing agent is prohibited from doing so, in which case payment to Liberty Properties and Associates, Inc. should be made within (14) days of sale/purchase), to make reports in  compliance with procedures, forms and instructions that Liberty Properties and Associates, Inc.  may adopt from time to time, and to permit DreamHomesInAz to audit in any manner deemed necessary by DreamHomesInAz, the status of a transaction.  An Agent  given a referral by DreamHomesInAz agrees to comply with DreamHomesInAz's procedures for payment of the  applicable referral fees and to ensure that the applicable referral fees are paid to Liberty Properties and Associates, Inc., regardless of  any original  dispute.   Any such  origination  dispute will  be adjudicated and resolve exclusively between DreamHomesInAz and  the Agent.  Terms  are subject to change without notice.

 

C.  VENDORS AND MORTGAGE PROFESSIONALS

                By  accepting  leads from  DreamHomesInAz.com, you as a Vendor represent, warrant and agree that: This Contract  between  DreamHomesInAz  and  each Vendors and Mortgage Professionals is  a one  year contract and can be terminated by either party at the end of each year.  Any Vendor and Mortgage Professional,  in  good  standing with  DreamHomesInAz,  will have the first right to maintain their  position for the following year.  Payment will be due the beginning of each year and paid annually as directed by DreamHomesInAz.  Fees are subject to change at any time.  Each Vendor and Mortgage Professional participating in the  lead  program  with  DreamHomesInAz  agrees  to  comply  with  procedures,  forms  and instructions that DreamHomesInAz  may adopt from time to time, and to permit DreamHomesInAz to audit and/or contact the Endorser in any manner deemed appropriate by DreamHomesInAz and without additional permission.  DreamHomesInAz reserves the right to remove an  Endorsement  without additional  prior  notice or permission if it appears to have been posted in violation of these TOU.  The Fee Amount although not written in these the ,TOU, once signed and executed will become an addendum to the TOU of this Agreement.

 

RESPONSIBILITIES OF THE MORTGAGE PROFESSIONALS/VENDORS

     

                a) You are of legal age and are otherwise capable of forming a legally binding contract;  b) You  will always submit true, current and complete Endorsements,  advertising, proposal(s), and bid(s) to DreamHomesInAz,  its Seller(s),  Buyer(s)  or  other  User(s).  c)  You  are  an  individual or a single-shareholder  professional  corporation  or  similar  entity;   d) You  have acquired  and  will  maintain appropriate  insurance  coverage  and  have  complied  with  all  licensing  and  regulatory requirements  applicable  to Your Profession and in  the area for  which  you  have  requested  E-mail Notifications;  e) You will  not use  information obtained through  DreamHomesInAz  to  locate, identify or directly contact a Home Seller or Home Buyer in any manner unless permission is given in writing from DreamHomesInAz; f) You will not submit information to a Home Seller or Home Buyer for services that you  i) do not offer,  ii) are not permitted or licensed to offer based on  the applicable laws and regulations, or iii) do not intend in good faith to contract with a Home Seller or Buyer for services that you  i) do not offer,  ii) are not permitted or licensed to offer based on  the applicable laws and regulations, or  iii) do not intend in good faith to contract with a Home Seller or Home Buyer to provide;  g) You will not take any action that may undermine the integrity of the User through DreamHomesInAz, including, without limitation; leaving positive feedback for  yourself  using secondary accounts or third parties; or leaving   negative  feedback  if  a User fails to perform  some  action  outside the scope of the Information submitted to Home Sellers, Home Buyers and Users (feedback extortion). DreamHomesInAz reserves the right to terminate the  participation  of any Vendor whose net feedback  rating falls  below a  minimum  level  set by  DreamHomesInAz , at DreamHomesInAz's  sole discretion;    h)  do not contain links  to  other  web pages , pictures or java script without written permission from DreamHomesInAz;  i) (i) You will not use any service provided by  DreamHomesInAz  to  impersonate or  portray  another person or entity; to communicate a false name or name you are not authorized to use, or otherwise engage in false or fraudulent practice(s)  (ii) recognize fraudulent use(s)  of  any  service provided  by DreamHomesInAz may subject you to liability;  (iii) will be responsible for setting your own fees and commissions in compliance  with  applicable  laws  and  regulations.   Any  Vendor  failing to  comply  with the obligations set forth in these TOU will be immediately subject to administrative and/or legal action  including, but not limited to termination of  partictipating in  the  DreamHomesInAz  coupon  program.   Terms  are subject to change without notice.


Each User agrees to be solely responsible for the User's own Information, and understands, accepts and/or provides advance consent to the full extent necessary to allow DreamHomesInAz to act as a conduit of said Information without incurring liability of any kind or nature. Notwithstanding the foregoing, Information: (a) shall not infringe DreamHomesInAz's or any third party's contract, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing or include threats, hate speech, vulgarity, obscenity, pornography, adult or otherwise inappropriate material; (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (e) shall not promote information, good, content, service or any product that you do not have a right to link to or include. Furthermore, a User may not post on DreamHomesInAz's websites or offer through our DreamHomesInAz any: (f) information, good, content, service or product that could cause DreamHomesInAz to interfere with any contract or rights of any person or violate any applicable law, statute, ordinance or regulation or otherwise incur liability of any type or nature, or (g) any information, good, content, service or other product that you are not legally or contractually permitted to perform, provide or promote under applicable laws or regulations, or any impermissible activity, including practices or promotions that might or do compete with DreamHomesInAz  now or in the future. To the full extent necessary to enable DreamHomesInAz  to access or otherwise use Information without liability, the submitting User grants DreamHomesInAz a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right (or waiver) to exercise the copyright, publicity or any other rights that exist anywhere in the world in or with respect to the Information, in any media now known or not currently known. This provision does not entitle DreamHomesInAz to any ownership or exclusivity rights to the Information but shall be deemed to allow DreamHomesInAz to freely use, modify and exploit the Information for DreamHomesInAz's own business purposes and/or profit.

 

PAYMENT OF CHARGES

A. On Time Payment
A User is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. User may pay by check and possibly by credit card in the future. Credit card transactions require an acceptable and currently working credit card number. If the credit card expires or otherwise declines payment access to DreamHomesInAz  can be modified or suspended. If payment is more than thirty (30) calendar days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount of the late payment, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The User shall pay all costs of collection, including legal fees, incurred by DreamHomesInAz. The User is responsible for any premium Charges incurred in connection with the use of and/or by requesting or accessing DreamHomesInAz information, content, goods, product or services that are provided at an extra cost. Each time DreamHomesInAz.com is accessed or used, the User affirms and re-affirms that DreamHomesInAz is authorized to obtain payment from through a selected payment method. All fees are quoted and payable in United States dollars. The User is also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to DreamHomesInAz including Charges incurred on your account by the User, or anyone the User allows to use the User's account, even if in violation of these TOU, including, but not limited to, professional colleagues, former DreamHomesInAz Members, family or friends.

 

B. Payment Methods
Your exact billing address and telephone number must be provided to properly process payments. DreamHomesInAz  may accept major credit cards including Visa and MasterCard and for some Charges may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods DreamHomesInAz may not credit the applicable Membership account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. DreamHomesInAz may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.  All  monies collected through DreamHomesInAz must be made payable to Pamela L Stevenson, PLC.

C. Account Discrepancies
A User may always contact DreamHomesInAz customer service by e-mail or telephone concerning Charges or other questions regarding the status of a Membership account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the User must write to the Customer Service Department, DreamHomesInAz, 2201 E. Tahitian Way  Gilbert, AZ  85234 delivered by United States mail or by fax to 480-237-5447. Failure to write within these time frames waives the right to question Charges.

D. Links
DreamHomesInAz.com and DreamHomesInAz.com  provide links to other sites on the World Wide Web. Some of the Internet sites assess fees for the information, content, goods, products or services they provide, separate from any DreamHomesInAz.com Charges. Any costs, taxes or other fees a User incurs when visiting these websites are that User's sole and exclusive responsibility.

 

E.  Schedule of Fees

A separate SCHEDULE OF FEES to be provided to User/Vendor in writing.  The SCHEDULE OF FEES will be an Addendum to this, the TOU. DreamHomesInAz reserves the right to change fees at any time.

 

NO RESALE OF SERVICES


DreamHomesInAz is protected by U.S. and international laws related to intellectual property. DreamHomesInAz, the DreamHomesInAz logo, and the names of other products and services are trade and service marks of DreamHomesInAz under Pamela L Stevenson, PLC and are protected under federal and international laws. Each User agrees not to resell, reproduce, modify, display, transmit, distribute or copy goods, content, products, services or information obtained from DreamHomesInAz nor exploit Membership or association with DreamHomesInAz for a commercial or advertising purpose without the express written permission of DreamHomesInAz.

For the limited purpose of promoting DreamHomesInAz or identifying oneself as DreamHomesInAz Agent Member participating in the Consumer Referral Plan and/or Referral Maximizer Network, DreamHomesInAz  may allow a User to link to DreamHomesInAz and use DreamHomesInAz's logo, provided the appropriate trademark and copyright notices are used, as DreamHomesInAz may instruct. Permissions requests should be directed to DreamHomesInAz by email sent to info@DreamHomesInAzAZ..com. A User may not otherwise copy, distribute or create derivative works without express DreamHomesInAz's permission.

DISPUTES

In the event that you, a User, has a dispute with one or more other Users and/or DreamHomesInAz, you release Liberty Properties and Associates, Inc., DreamHomesInAz, Pamela L Stevenson, PLC  (and our successors, representatives, principals, officers, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees) from claims, liability, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In connection with the foregoing, you, the User, hereby waive any and all rights under California Civil Code section 1542, and any similar federal, state, or local law. The section provides as follows:

Section 1542. General Release - Claims Extinguished. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

DreamHomesInAz will take appropriate measures in certain circumstances to address User concerns regarding unauthorized online use of DreamHomesInAz.   A User that asserts his or her rights in and/or to a copyright or other form of intellectual property ("Material") are being violated, should provide DreamHomesInAz, a signed and duly sworn statement containing: (a) A detailed description of the Material(s) claimed to be infringed, including a description of where that Material is located online and what action by DreamHomesInAz is requested; (b) An explanation of the nature of the alleged infringement, including, at minimum, the form and character of intellectual property in question sufficient to understand the specific legal right(s) asserted related to the Material with a citation to the specific law or authority relied upon, along with the name, street and email addresses and telephone numbers of the Material owner(s); and (c) A certification and explanation that applicable permission has not been granted or is subject to limitations that are not being honored. Send the aforementioned document by facsimile to 480-664-7159.

TERMINATION

Membership and/or Consumer Referral Plan and/or Referral Maximizer Network and/or Preferred Vendor Plan and/or Consumer Feedback Program participation may be canceled or terminated at any time in accordance with these TOU. However, no portion of any outstanding Charges owed to DreamHomesInAz of any kind, including applicable subscription or referral fees, are refundable by DreamHomesInAz and no outstanding referral Charges or other monetary obligations incurred pursuant to these TOU before  fees will be waived or become negotiable. The User will remain liable for any  cancellation or termination of Membership and/or Consumer
Referral Plan and/or Referral Maximizer Network and/or Preferred Vendor Plan and/or Consumer Feedback Program participation. A user may cancel by delivering a written notice requesting cancellation addressed to the Customer Service Department, DreamHomesInAz., 2201 E. Tahitian Way  Gilbert, AZ  85234 by United States mail or by fax to 480-237-5447.  Without limiting any other remedies, DreamHomesInAz  may issue a warning, temporarily suspend, indefinitely suspend or terminate User Membership and/or Consumer Referral Plan and/or Referral Maximizer Network and/or Preferred Vendor Plan and/or Consumer Feedback Program and/or List On MLS Program participation, and delete any of User Proposals or Profiles and any other information placed on the site if, in DreamHomesInAz's sole discretion:
a) The User engages in any fraudulent activity in connection with the DreamHomesInAz website, or DreamHomesInAz suspects such activity; or
b) DreamHomesInAz is unable to verify or authenticate any Information provided to us by the User; or
c) The User breaches the TOU in any manner; or
d) It is necessary to protect DreamHomesInAz's interests.

MODIFICATION OR DISCONTINUATION OF SERVICE

DreamHomesInAz reserves the right to modify or discontinue service or any portion thereof, or the offering of any information, good, content, product or service with or without notice to any User. DreamHomesInAz  shall not be liable to any User or any third party should DreamHomesInAz  exercise its right to modify or discontinue service.

 

SYSTEM INTEGRITY

DreamHomesInAz  offers you, the User, access to DreamHomesInAz's web site solely for your personal, non-commercial use, and except for any use of the web site that is expressly permitted pursuant to these Terms of Use for your business use as a real estate agent Member of DreamHomesInAz, each User agrees not to use the web site for any commercial purpose.

The copyright in all materials on this web site is held by Pamela L Stevenson, PLC and DreamHomesInAz or its content providers. Any unauthorized use of this web site or its content violates federal and state law. Each User agrees not to copy, modify, distribute, display, create derivative works from, decompile, reverse engineer or use on any other web site or otherwise all or any portion of the DreamHomesInAz web site or any information derived therefrom. Each User agrees not to use any robot, spider, other automatic device or manual process to (or to attempt to) monitor, copy, deep link to, or engage in screen or database scraping of any part of the web site or the content contained therein unless first obtaining written permission from authorized DreamHomesInAz  staff . The foregoing shall not prohibit the use of standard search engine technology by Internet search web sites to direct Internet users to this web site. Each User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the DreamHomesInAz site or any Proposal session being conducted on our site. Each User also agrees not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. A User issued a password, agrees not to disclose the password to any third party or use the password for any unauthorized purpose.

WEB LINKS


DreamHomesInAz may display URLs or icons that allow Users to link to other websites, including, without limitation, sites operated by Real Estate Agents. Any content, representations or warranties made on such other websites are the sole responsibility of the operator of the site, and DreamHomesInAz  assumes no liability, obligation, or responsibility for such content, representations, or warranties of any kind, whether express or implied.

 

PRIVACY POLICY


Our current privacy policies, are incorporated herein as Pamela L Stevenson, PLC, by reference, as if fully set forth herein. Notwithstanding the foregoing, DreamHomesInAz may access Information or take any action with respect to Information that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers. You, the User agree to immediately notify DreamHomesInAz of any unauthorized use of an account or any other breach of security and understand that upon termination of Membership DreamHomesInAz has no obligation to maintain or provide you, the User, with Information or anything previously provided or made available by or to you, the User, in connection with Membership or website use.

INDEMNIFICATION

Each User agrees to indemnify and hold  Liberty Properties and Associates, Inc., DreamHomesInAz, Pamela L Stevenson, PLC and and its successors, representatives, principals, officers, directors, shareholders, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of the use of the DreamHomesInAz service, any information, good, content, product or service provided by DreamHomesInAz, or any violation of these TOU or any other policy of DreamHomesInAz, or any infringement of any intellectual property or other personal or proprietary right of any person, by you, the User, or any other person using your User name and password.

DISCLAIMER AND WARRANTY


DreamHomesInAz AND DreamHomesInAz'S SUPPLIERS PROVIDE INFORMATION, CONTENT, PRODUCTS, GOODS, OR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS  OR IMPLIED.  DreamHomesInAz AND DreamHomesInAz'S SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply. Should DreamHomesInAz's exclusion and limitation of liability not apply, each User understands and agrees that DreamHomesInAz and DreamHomesInAz's suppliers provide information, content, products, goods, or services "as is" and without any warranty or condition, express or implied, to the fullest extent permitted by applicable law. This warranty gives specific legal rights and other legal rights may exist that vary from state to state.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM OR THROUGH DreamHomesInAz SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY THESE TOU.

DreamHomesInAz provides an online User-initiated feedback system to help Users evaluate with whom they are dealing but every User must practice safe usage. Authentication on the Internet is difficult and DreamHomesInAz cannot and does not confirm that Users are who they claim to be. DreamHomesInAz acts as a communications venue, and is not responsible for Users. Specifically, without in any way limiting any other provision of these TOU, DreamHomesInAz does not control, warrant, or guarantee the quality, safety or legality of the subjects of advertising, the truth or accuracy of the information posted on website(s), the ability of Sellers to sell property, Buyers to purchase property, or the ability of Agents to perform. DreamHomesInAz does not control, warrant, or guarantee that Agents will receive any particular number of E-Mail Notifications, that Agents will ultimately honor the Proposals or Bids they provide, that Home Sellers will enter into a listing Agreement, that Buyers will select an Agent through the Communication Service or that Agents will select an Agent though the Agent Matching Service. DreamHomesInAz does not control, warrant, or guarantee that any User is who he or she claims to be or is not acting under false pretenses. If you, the User, have any concerns about an individual, take measures to safeguard yourself. Consumers may contact the real estate regulatory agency in your state or local Association of REALTORS® to verify license or status or affiliation. Real estate professionals should follow safe practices as outlined in the National Association of REALTORS® 10 Safety Tips for the REALTOR®.

Each User participating in the Referral Maximizer Network, and/or Consumer Referral Plan program and/or Preferred Vendor Plan and/or Consumer Feedback Program and/or List On MLS Program does so at that User's own risk. Information provided through the Preferred Vendor Plan is not an endorsement by DreamHomesInAz. Moreover, notwithstanding any statement to the contrary, each User participating in the Referral Maximizer Network process acknowledges, understands and agrees that the tracking of a transaction by DreamHomesInAz in connection with that service is not represented or guaranteed to be effective or error free and that attempting to track a transaction is sufficient to satisfy DreamHomesInAz's obligations hereunder and limiting the obligation to such an attempt is an acceptable allocation of any risk that tracking will not be successful.

Member Agents fully consent to permit User-initiated feedback and agree that DreamHomesInAz has no responsibility for statements that are posted. The feedback rating is not an endorsement or recommendation, actual or implied. Similarly, the feedback rating is not a criticism or disciplinary action for any purpose related to the business practice or licensing status of an Agent.

Information available on or through DreamHomesInAz has been obtained from third party sources and has not been verified by DreamHomesInAz

 

Information supplied by Users could be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Although we may, at our sole discretion, take actions to verify accuracy of information presented by Users of the site, such actions do not affect our rights or obligations under this Agreement. We expect that every User will use caution -- and common sense -- when using DreamHomesInAz.

Website library, tools or functionality, such as the "Home Value", "Dream Home Finder"," Mortgage Calculations", "Get Pre-Approval", "Featured Homes", "Savings & Gifts", "Real Estate News"," Premier Communities", "School Report Card", and "Community Info"  may provide results that are incomplete, outdated, obsolete, incorrect, or inaccurate. Their use is for entertainment and informational purposes only, and no results should be relied upon. Tool results do not replace a professionally prepared report, by an appropriate professional familiar with local market conditions and the subject matter.

DreamHomesInAz does not guarantee continuous, uninterrupted or secure access to DreamHomesInAz information, content, products, goods, or services, and operation of DreamHomesInAz may be interfered with by numerous factors outside of DreamHomesInAz's control.

DreamHomesInAz is not licensed to practice law. Each User is therefore advised to contact an attorney licensed to practice in his or her community whenever legal assistance is appropriate. Each User understands and accepts the responsibility to do so without further guidance from DreamHomesInAz.

Liberty Properties and Associates, Inc. is a Licensed Real Estate Broker.  Pamela L. Stevenson works for Liberty Properties and Associates, Inc.

and is a licensed real estate agent.  Pamela L Stevenson, PLC is a company owned and operated by Pamela L. Stevenson .

 

LIMIT ON LIABILITY

IN NO EVENT SHALL HOME  ONE REAL ESTATE SERVICES PROFESSIONALS, PAMELA L STEVENSON, PLC, DreamHomesInAz OR THEIR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. DreamHomesInAz'S LIABILITY, AND THE LIABILITY OF DreamHomesInAzS'S SUPPLIERS, TO YOU, THE USER, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE USER, PAY TO DreamHomesInAz IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100, whichever is less. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

GENERAL COMPLIANCE WITH LAWS


Each User agrees to comply with all applicable laws, statutes, ordinances and regulations.

NO AGENCY

DreamHomesInAz is completely independent from you and every User. You and DreamHomesInAz agree DreamHomesInAz is not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or other type of relationship with you or other Users and no such relationship(s) are intended nor created by this Agreement.

 

NOTICES

Except as expressly stated otherwise, any notices shall be transmitted by e-mail to info@DreamHomesInAz.com (in the case of notices sent to DreamHomesInAz) or to the e-mail address you, the User, provide to DreamHomesInAz during the registration process (in your case). Failure to maintain a current and working e-mail address in your DreamHomesInAz Membership account constitutes a waiver of your right to automatically receive this information through any other means, electronic or otherwise. Notice shall be deemed given 24 hours after e-mail is sent. Alternatively, DreamHomesInAz may give you, the User, notice through posting modified TOU or by sending certified mail, postage prepaid and return receipt requested, to the address provided to DreamHomesInAz during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

CHANGES


DreamHomesInAz may amend the TOU at any time by posting amended TOU. By continuing to use the DreamHomesInAz service you, the User, agree that the amendments are immediately effective unless otherwise provided for in these TOU or applicable law. This Agreement may not be otherwise amended except in a detailed writing between the President of DreamHomesInAz and you, the User.

GENERAL

The TOU shall be governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents without giving effect to Arizona conflict of laws provisions or those of your actual state or country of residence. Both parties submit to jurisdiction in Arizona and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Maricopa County, Arizona. Should any part of the TOU be held invalid or unenforceable as written, that portion shall be reformed and/or construed consistent with applicable law as nearly as possible to reflect the original intentions of the contract and the remaining portions will remain in full force and effect. If the contemplated purpose of any provision of the TOU are held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. DreamHomesInAz's failure to act with respect to a breach by a User or others does not waive DreamHomesInAz's right to act with respect to subsequent or similar breaches.


DISCLOSURES

The services hereunder are offered by DreamHomesInAz, located at 2201 E. Tahitian Way  Gilbert, AZ  85234.   DreamHomesInAz complies with all applicable laws. Pursuant to California Civil Code Section 1789.3 a California resident: a) may have these TOU e-mailed by sending a letter to the foregoing address with your e-mail address and a request for this information;  b) may obtain pricing information by reviewing these TOU, sending a letter to the foregoing address with your e-mail address and a request for this information or by calling 1-480-813-0970;  c) may contact the Division of Consumer Services of the California Department of Consumer Affairs which maintains a complaint assistance unit which accepts correspondence directed to 1020 N. Street, #501, Sacramento, CA 95814, or by telephone by dialing 1-916-445-1254. Similar requests under other state laws will be honored according to the requirements of those laws.  Contact your state’s Attorney General for more information.

ENTIRE AGREEMENT


You, the User, and DreamHomesInAz acknowledge, understand and agree that these TOU constitute the entire and only understanding and agreement between us, that these TOU supersede all prior or contemporaneous
agreements, discussions, or representations, whether oral or written, with respect to DreamHomesInAz , and that these TOU cannot be varied, amended, changed, waived, or discharged except in writing by the President of DreamHomesInAz. You, the User, further acknowledge that no promises, representations, inducements, agreements, or warranties, other than those explicitly set forth in these TOU, have been made to induce your acceptance of these TOU nor have you, the User, agreed to these TOU in reliance on any such promise, representation, inducement, or warranty.

 

APPENDIX 1: DEFINED TERMS

a) "Agent" or "Real Estate Agent" means a Real Estate Broker, Salesperson, Agent, Associate Broker, or similarly licensed Real Estate Professional.
b) "Agent Matching Service" means Email Notification to an Agent participating in the Referral  Network regarding an outbound Buyer or Seller Profile, and the submission of Bid(s) in response to such an outbound Consumer Referral Profile.
c) "Agent Profile" means a description of an Agent's general background and professional experience.
d) "Bid" means an the description of professional services and referral expectations by an Agent participating in the Referral Maximizer Network in connection with a Consumer Referral Profile.
e) "Buyer" or "Home Buyer" means a person actively interested in purchasing an interest in real property.
f) "Fees" or "Charges"  mean the DreamHomesInAz dues, fees (subscription, referral or otherwise), charges, rates, fee structure, or billing method(s), all or any of which are subject to change at any time and for any reason upon DreamHomesInAz providing notice.
g) "Communication Services" means Email Notification to Agents regarding Seller and Buyer Profiles, and the submission of Proposals by Agents, in response to such Seller and Buyer Profiles.
h) "Consumer" means an individual Seller or Buyer.
i) "Consumer Feedback Program" means the ability to post and make available Endorsement(s) to other Users of DreamHomesInAz.
j) "Consumer Referral Plan" means the Communication Services that are provided to Agents maintaining a Membership that complies with the required terms and conditions of participation as determined by DreamHomesInAz.
k) "Consumer Referral Profile" means an outline of Seller or Buyer needs and/or desires and referral expectations, as submitted by an Agent participating in the Referral Network.
l) "E-Mail Notification," if used in connection with Communication Services, means advising an Agent that a Buyer or Seller Profile has been submitted, and may reveal identifying information about the particular

Consumer. If used in connection with Agent Matching Services "Email Notification" means advising an Agent that another Agent has submitted an outbound Consumer Referral Profile, and may reveal identifying information about the particular outbound referring Agent.

m) "Endorsement" means any words or phrases spoken or written by another person and posted on DreamHomesInAz.com by an Agent to promote that Agent's services.
n) "Endorser" means any person providing a written or oral Endorsement.
o) "DreamHomesInAz, DreamHomesInAzAZ, DreamHomesInAz.com, DreamHomesInAzUSA", "DreamHomesInAz.com," is a wholly owned subsidiary of  Pamela L Stevenson, PLC.  Any references in this, TOU, to any of these entities shall be deemed to include all of the other entities.
p) "Information" means any information, content, good, product, service, statement, name, Property Listing, Endorsement, logo, trade name, graphic, media, text, icon, hypertext and/or graphical Internet link, domain name, marketing, computer program, or content, tool, functionality or operation of any kind whatsoever (individually or collectively), that a User provides or makes available to DreamHomesInAz or other DreamHomesInAz Users whether through the Member registration, Profile or Proposal process, Preferred Vendor Program or otherwise, whether or not submitted to in a public or private area, or through any e-mail or communication feature, such as a hypertext and/or graphical Internet link.
q) "List On MLS Referral Fee" means the then current fee announced by DreamHomesInAz (at the time the Agent submits the Proposal in response to a List On MLS Home Seller Profile) as payable by Agents who submit a Proposal in response to that List On MLS Home Seller Profile.
r) "List On MLS Program" means the Communication Services that are provided to Agents maintaining a Membership that complies with the required terms and conditions of participation as determined by DreamHomesInAz.
s) "Member"and  "User" means you, or any individual requesting or accepting information, content, goods, products, or services from or through DreamHomesInAz including but not limited to an Agent, Consumer, or an unregistered website visitor.   A "Member" or "User" is anyone completing the registration procedure or using the website.   It is required for all "Members" and "Users" to read all of the terms and conditions before using the services of DreamHomesInAz.  "Users" and "Members" include, but are not limited to Consumers, Buyers, Sellers, Realtors, Mortgage Professionals, and Vendors.
t) "Preferred Vendor Plan" means a service that allows Agents to provide Consumers Information including but not limited to the names, addresses and contact numbers for mortgage lenders, title companies, insurance companies and other business establishments listed under the Vendor section..
u) "Profile" means an outline of Seller or Buyer needs and/or desires.
v) "Property Listing" means marketing an interest in real property through DreamHomesInAz.
w) "Proposal" means an Agent's description of real estate related services.
x) "Seller" or "Home Seller" means an individual who owns an interest in real property.