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Terms Of Use:
Please read this Terms of Use Agreement
("Agreement") carefully. By accessing this Web site and any pages hereof, you
agree to be bound by the terms and conditions below. This Agreement contains an
agreement to arbitrate all Claims and disclaimers of warranties and liability.
These provisions form an essential basis of our bargain. If you do not agree to
these terms and conditions, do not access this Web site.
RealEstateVoyager.com operates this Web site. For
purposes of this Agreement, “RealEstateVoyager.com” means
RealEstateVoyager.com.
SECURITY POLICY
RealEstateVoyager.com uses extensive and
sophisticated secure technology to protect your data and transmissions between
you, RealEstateVoyager.com, banks, lenders, loan brokers, moving companies and
real estate professionals participating in this web site. Here are the
highlights:
- Transmission between browsers and our web server
is implemented using Secure Sockets Layer (SSL) technology. This technology
requires an SSL-capable browser such as MS Internet Explorer 3.0 (or later) or
Netscape Navigator 2.0 (or later).
- Our database is physically separated from our web
server and is protected by a physical firewall.
Although RealEstateVoyager.com has taken these
reasonable and appropriate measures to ensure that your personal information is
delivered and disclosed only in accordance with your instructions,
RealEstateVoyager.com cannot and does not guarantee that the personal
information you provide will not be intercepted by others and
decrypted.
REAL ESTATE SERVICES
You certify that all of the information you have
provided in this referral form is true and complete. You authorize
RealEstateVoyager.com to forward your information to its network of real estate
professionals. You further understand and agree that by selecting a real estate
company or professional, you are extending an express invitation for them to
contact you by telephone at the numbers you have provided, and you hereby
consent to any such calls even if your phone number is on any Do Not Call list.
In addition, by completing and submitting a request for more information
regarding a real estate listing or requesting contact with a real estate
professional, you understand and agree that you are extending an express
invitation to real estate professionals to call you by telephone at the numbers
you have provided, and you hereby consent to any such calls even if your phone
number is on any Do Not Call list. You understand that these real estate
professionals may keep the information you submit whether or not you communicate
with them regarding a real estate listing and whether or not you complete a real
estate transaction with them. Real estate programs are administered by
RealEstateVoyager.com.
REGISTRATION
By completing and submitting a pre-approval form or
otherwise registering with this site, you hereby understand and agree that you
have established a business relationship between you and RealEstateVoyager.com
which is the owner of this site. As such, you agree that RealEstateVoyager.com
may contact you using information you provided with information and offers of
services available through RealEstateVoyager.com and any of its Web sites. You
hereby consent to any such communication or phone calls even if your phone
number is on any Do Not Call list.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: © 2008 Real
Estate Voyager, Inc. All Rights Reserved. All rights reserved.
RealEstateVoyager.com is a service mark of RealEstateVoyager.com. Other product
and company names mentioned herein, including the names of participating
lenders, may be the trademarks of their respective owners.
DISCLAIMERS AND LIMITATIONS
RealEstateVoyager.com intends that the information
contained in its Web site be accurate and reliable; however, errors sometimes
occur. In addition, changes and improvements to the information provided herein
may be made by RealEstateVoyager.com at any time. THIS WEB SITE AND THE
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS
IS." REALESTATEVOYAGER.COM AND/OR ITS SUPPLIERS, PARTICIPATING
LENDERS, MOVING COMPANIES OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO
THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED
HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB
SITE AND/OR REALESTATEVOYAGER.COM’S SERVICES IS AT YOUR OWN RISK. REALESTATEVOYAGER.COM
AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, MOVING COMPANIES OR REAL ESTATE
PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS WEB SITE AND/OR REALESTATEVOYAGER.COM’S
SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR
IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF REALESTATEVOYAGER.COM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY
As a condition of use of this Web site and/or
RealEstateVoyager.com services, you agree to indemnify RealEstateVoyager.com and
its suppliers, participating lenders, moving companies or real estate
professionals from and against any and all liabilities, expenses (including
attorneys' fees) and damages arising out of claims resulting from your use of
this Web site, including without limitation any claims alleging facts that if
true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
This Web site may contain links to Web sites
maintained by third parties. Such links are provided for your convenience and
reference only. RealEstateVoyager.com does not operate or control in any respect
any information, software, products or services available on such Web sites.
RealEstateVoyager.com inclusion of a link to a Web site does not imply any
endorsement of the services or the site, its contents, or its sponsoring
organization.
ERRORS AND DELAYS
RealEstateVoyager.com is not responsible for any
errors or delays in responding to a forms or referral form caused by an
incorrect e-mail address provided by you or other technical problems beyond our
reasonable control.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating
to the use of this Web site, to the goods or services provided by
RealEstateVoyager.com, or to any acts or omissions for which you may contend
RealEstateVoyager.com is liable, including but not limited to any claim or
controversy as to arbitrability ("Dispute"), shall be finally, and exclusively,
settled by arbitration. The arbitration shall be held before one arbitrator
under the commercial arbitration rules of the American Arbitration Association
("AAA") in force at that time. The arbitration shall be venued in Riverside
County, California. The arbitrator shall be selected pursuant to the AAA rules.
Should no AAA rule regarding the selection of an arbitrator be in effect, the
consumer shall select an arbitrator from a panel of arbitrators acceptable to
RealEstateVoyager.com. In any arbitration, RealEstateVoyager.com will pay the
filing fee, plus the costs associated with the first day of arbitration, with
the remaining costs of arbitration paid by the non-prevailing party, provided,
however, that in Maine any cost to the consumer shall be limited to the cost of
filing a court case. To begin the arbitration process, a party must make a
written demand therefore.
Any judgment upon the award rendered by the
arbitrators may be entered in any court of competent jurisdiction in Riverside
County, California. The arbitrators shall not have the power to award damages in
connection with any Dispute in excess of actual compensatory damages and shall
not multiply actual damages or award consequential, punitive or exemplary
damages, and each party irrevocably waives any claim thereto, except in Maine
where state law will control all rights and remedies in the arbitration. The
agreement to arbitrate shall not be construed as an agreement to the jointer or
consolidation of an arbitration under this agreement with an arbitration of
disputes or claims of any non-party, regardless of the nature of the issues or
disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN
YOU AND REALESTATEVOYAGER.COM WILL BE RESOLVED BY BINDING ARBITRATION.
YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU
ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS
WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are
entitled to a fair hearing, but the arbitration procedures are simpler and more
limited than rules applicable in court. Arbitrator decisions are enforceable as
any court order and are subject to very limited review by a court. By using
RealEstateVoyager.com goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration
provisions herein become inapplicable or unenforceable, or in any instance of
any lawsuit between you and RealEstateVoyager.com, the parties agree that
jurisdiction over and venue of any suit shall be exclusively in the state and
federal courts sitting in Riverside County, California. If either party employs
attorneys to enforce any right in connection with any Dispute or lawsuit the
prevailing party shall be entitled to recover reasonable attorneys' fees.
OTHER TERMS
This Agreement constitutes the entire agreement
between you and RealEstateVoyager.com and it supersedes all prior or
contemporaneous communications, promises and proposals, whether oral, written or
electronic, between you and RealEstateVoyager.com with respect to this Web site
and information, software, products and services associated with it. This
Agreement shall be subject to and construed in accordance with the laws of the
State of California, excluding its conflict of laws principles. If any part of
this Agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid enforceable provision that most
closely matches the intent of the original provision, and the remainder of the
Agreement shall continue in effect. A printed version of this Agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. All rights not
expressly granted herein are reserved.
PLEASE PRINT AND RETAIN A COPY OF
THIS AGREEMENT FOR YOUR RECORDS.
Last Revised: May 01,
2008 |