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 ConsumerReferral 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 contemporaneousagreements, 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.