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Welcome.
This is a legal contract between you, the User, and ViewMyDreamHome.com, so read
it carefully. ViewMyDreamHome.com 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 ViewMyDreamHome.com OR USING THE ViewMyDreamHome.com
SITE YOU, THE USER, ACCEPT ALL ASPECTS OF THE TOU. EACH TIME YOU, THE USER, ACCESS
OR USE THE ViewMyDreamHome.com WEB SITE OR REQUEST OR ACCEPT ANY INFORMATION,
GOOD, SERVICE, PRODUCT OR CONTENT FROM ViewMyDreamHome.com, YOU, THE USER, UNDERSTAND
AND AGREE THAT YOU, THE USER, ARE ACCEPTING, AFFIRMING OR RE-AFFIRMING THE THEN
EXISTING TOU. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE TOU APPLY 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@ViewMyDreamHome.com
For Buyers and Sellers finding an Agent can be arbitrary
and inefficient. Normally, comparing Agents is very difficult. Agents are often
frustrated too, because they spend a large part of their time marketing, rather
than assisting Consumers in the property transaction process. ViewMyDreamHome.com
is a communication venue that allows Real Estate Agents to market their services
to Sellers and Buyers using the Internet. In addition
to providing Sellers or Buyers and Agents a venue to communicate, ViewMyDreamHome.com
also offers tools, checklists, calculators, and valuable information to help Consumers
make the most of their sale or purchase. The information, content, goods, products
and services available from ViewMyDreamHome.com are continuously reviewed and
enhanced for the benefit of ViewMyDreamHome.com visitors.
ViewMyDreamHome.com
currently provides Home Seller and Home Buyer participation at no charge.
By initiating a Membership
and/or completing a property Profile on ViewMyDreamHome.com, 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
to locate an Agent to represent you in selling property;
e) You are not an
Agent and will not act on behalf of an Agent;
f) The property is not currently
listed with any Agent;
g) You will post only one Seller Profile for each
property that you own;
h) ViewMyDreamHome.com may request, receive, copy
and review your real property transaction and/or settlement documents; i) You
will independently use appropriate government, public, consumer and other agencies
or sources to verify Agent license status and background.
As a Home
Seller, you are not bound to accept any of the Proposals submitted. Proposals
are not binding offers and are not intended to create a contractual or agency
relationship between Home Sellers and Agents. The Proposals and Profiles are for
information only and further negotiations are expected between Home Seller and
Agent.
ViewMyDreamHome.com disclaims any liability arising from and
the accuracy of any endorsements posted by an Agent. It is the Home Seller’s
responsibility to evaluate the nature of any Endorsement posted by any Agent and
to be aware that endorsements might not reflect the actual quality of service
that he/she receives from an Agent. By initiating a Membership and/or
completing a Profile on ViewMyDreamHome.com, 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 creating a Buyer Profile 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 an exclusive contractual or other
arrangement with any Agent;
g) You will complete only one Buyer Profile;
h) ViewMyDreamHome.com may request, receive, copy and review your real property
transaction and/or settlement documents;
i) You will independently use appropriate
government, public, consumer and other agencies or sources to verify Agent license
status and background.
As a Home Buyer,
you are not bound to accept any of the Proposals submitted. Proposals are not
binding offers and are not intended to create a contractual or agency relationship
between Home Buyers and Agents. The Proposals and Profiles are for information
only and further negotiations are expected between Home Buyer and Agent. ViewMyDreamHome.com
disclaims any liability arising from and the accuracy of any Endorsements posted
by Agents. It is the Home Buyer’s responsibility to evaluate the nature of
any Endorsement posted by any Agent and to be aware that Endorsements might not
reflect the actual quality of service that he/she receives from an Agent.
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 ViewMyDreamHome.com to act as a
conduit of said Information without incurring liability of any kind or nature.
Notwithstanding the foregoing, Information:
(a) shall not infringe ViewMyDreamHome.com'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 speach, 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 ViewMyDreamHome.com’s
web site or offer through our ViewMyDreamHome.com any:
(f) information, good,
content, service or product that could cause ViewMyDreamHome.com 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 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 ViewMyDreamHome.com now or in the future. To
the full extent necessary to enable ViewMyDreamHome.com to access or otherwise
use Information without liability, the submitting User grants ViewMyDreamHome.com
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 ViewMyDreamHome.com to any ownership or exclusivity rights to the
Information but shall be deemed to allow ViewMyDreamHome.com to freely use, modify
and exploit the Information for ViewMyDreamHome.com’s own business purposes
and/or profit.
ViewMyDreamHome.com is protected by U.S. and international
laws related to intellectual property. Each User agrees not to resell, reproduce,
modify, display, transmit, distribute or copy goods, content, products, services
or information obtained from ViewMyDreamHome.com nor exploit Membership or association
with ViewMyDreamHome.com for a commercial or advertising purpose without the express
written permission of a corporate officer of ViewMyDreamHome.com. For
the limited purpose of promoting ViewMyDreamHome.com or identifying oneself as
ViewMyDreamHome.com Agent Member participating in the Consumer Referral Plan and/or
Referral Maximizer Network, ViewMyDreamHome.com may allow a User to link to ViewMyDreamHome.com
and use ViewMyDreamHome.com's logo, provided the appropriate trademark and copyright
notices are used, as ViewMyDreamHome.com may instruct. Permissions requests should
be directed to ViewMyDreamHome.com by email sent to info@ViewMyDreamHome.com.com.
A User may not otherwise copy, distribute or create derivative works without express
ViewMyDreamHome.com permission.
In
the event that you, a User, has a dispute with one or more other Users and/or
ViewMyDreamHome.com, you release ViewMyDreamHome.com (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:
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. ViewMyDreamHome.com
will take appropriate measures in certain circumstances to address User concerns
regarding unauthorized online use of ViewMyDreamHome.com. 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 ViewMyDreamHome.com
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 ViewMyDreamHome.com
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 (888)505.7516 with original following immediately by
first class U.S. mail addressed as follows: John Olson, 4881 Granite Drive,
Rocklin, CA 95677.
ViewMyDreamHome.com 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.
ViewMyDreamHome.com shall not be liable to any User or any third party should
ViewMyDreamHome.com exercise its right to modify or discontinue service. Each User agrees not to use any device,
software or routine to interfere or attempt to interfere with the proper working
of the ViewMyDreamHome.com 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. ViewMyDreamHome.com
may display URLs or icons that allow Users to link to other web sites, including,
without limitation, sites operated by Real Estate Agents. Any content, representations
or warranties made on such other web sites are the sole responsibility of the
operator of the site, and ViewMyDreamHome.com assumes no liability, obligation,
or responsibility for such content, representations, or warranties of any kind,
whether express or implied. Our
current privacy policies, available at http://www.ViewMyDreamHome.com.com/privacy.htm,
are incorporated herein by reference, as if fully set forth herein. Notwithstanding
the foregoing, ViewMyDreamHome.com 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 ViewMyDreamHome.com of any unauthorized
use of an account or any other breach of security and understand that upon termination
of Membership ViewMyDreamHome.com 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 web site use. Each
User agrees to indemnify and hold ViewMyDreamHome.com 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 ViewMyDreamHome.com
service, any information, good, content, product or service provided by ViewMyDreamHome.com,
or any violation of these TOU or any other policy of ViewMyDreamHome.com, 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. ViewMyDreamHome.com
AND ViewMyDreamHome.com'S SUPPLIERS PROVIDE INFORMATION, CONTENT, PRODUCTS, GOODS,
OR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR
IMPLIED. ViewMyDreamHome.com AND ViewMyDreamHome.com'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 ViewMyDreamHome.com's
exclusion and limitation of liability not apply, each User understands and agrees
that ViewMyDreamHome.com and ViewMyDreamHome.com'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 ViewMyDreamHome.com
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY THESE TOU. Information
available on or through ViewMyDreamHome.com has been obtained from third party
sources and has not been verified by ViewMyDreamHome.com. 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 ViewMyDreamHome.com.
ViewMyDreamHome.com does not guarantee continuous, uninterrupted
or secure access to ViewMyDreamHome.com information, content, products, goods,
or services, and operation of ViewMyDreamHome.com may be interfered with by numerous
factors outside of ViewMyDreamHome.com's control. ViewMyDreamHome.com
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 ViewMyDreamHome.com. ViewMyDreamHome.com
is a Licensed Real Estate Broker. IN
NO EVENT SHALL ViewMyDreamHome.com OR ViewMyDreamHome.com'S 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.
ViewMyDreamHome.com’S LIABILITY, AND THE LIABILITY OF ViewMyDreamHome.com’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 ViewMyDreamHome.com
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.
Each User, agrees to comply with all applicable
laws, statutes, ordinances and regulations. ViewMyDreamHome.com
is completely independent from you and every User. You and ViewMyDreamHome.com
agree ViewMyDreamHome.com is not engaged in any agency, partnership, joint venture,
employee-employer, franchiseor-franchisee or other type of relationship with you
or other Users and no such relationship(s) are intended nor created by this Agreement.
Except as expressly
stated otherwise, any notices shall be transmitted by e-mail to info@ViewMyDreamHome.com
(in the case of notices sent to ViewMyDreamHome.com) or to the e-mail address
you, the User, provide to ViewMyDreamHome.com during the registration process
(in your case). Failure to maintain a current and working e-mail address in your
ViewMyDreamHome.com 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, ViewMyDreamHome.com
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
ViewMyDreamHome.com during the registration process. In such case, notice shall
be deemed given 3 days after the date of mailing.
ViewMyDreamHome.com
may amend the TOU at any time by posting amended TOU. By continuing to use the
ViewMyDreamHome.com 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 ViewMyDreamHome.com and you, the User. The
TOU shall be governed in all respects by the laws of the State of California as
such laws are applied to agreements entered into and to be performed entirely
within California between California residents without giving effect to California
conflict of laws provisions or those of your actual state or country of residence.
Both parties submit to jurisdiction in California and further agree that any cause
of action arising under this Agreement shall be brought exclusively in a court
in Santa Clara County, California. 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. ViewMyDreamHome.com’s failure
to act with respect to a breach by a User or others does not waive ViewMyDreamHome.com’s
right to act with respect to subsequent or similar breaches. The
services hereunder are offered by ViewMyDreamHome.com.com, Inc., a California
corporation, located at 4881 Granite Drive, Rocklin, CA 95677. ViewMyDreamHome.com,
Inc. 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
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
You,
the User, and ViewMyDreamHome.com 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 ViewMyDreamHome.com, and that these TOU
cannot be varied, amended, changed, waived, or discharged except in writing by
the President of ViewMyDreamHome.com. 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. a) "Agent" or "Real
Estate Agent" means a real estate broker, salesperson, agent, associate broker,
or similarly licensed real estate professional.
b) "Buyer" or "Home
Buyer" means a person actively interested in purchasing an interest in real
property.
c) "Charges" mean the ViewMyDreamHome.com 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 ViewMyDreamHome.com providing notice.
d) "Consumer" means
an individual Seller or Buyer.
e) "Endorsement" means any words
or phrases spoken or written by another person and posted on ViewMyDreamHome.com
by an Agent to promote that Agent's services.
f) "Endorser" means
any person providing a written or oral Endorsement.
g) "ViewMyDreamHome.com"
or "ViewMyDreamHome.com.com" mean ViewMyDreamHome.com.com, Inc., a Delaware
corporation.
h) "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 ViewMyDreamHome.com or other ViewMyDreamHome.com 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.
i) "Property Listing" means marketing an interest
in real property through ViewMyDreamHome.com.
j) "Proposal" means
an Agent's description of real estate related services.
k) "Seller"
or "Home Seller" means an individual who owns an interest in real property.
l) "User" means you, or any individual requesting or accepting
information, content, goods, products, or services from or through ViewMyDreamHome.com,
including but not limited to an Agent, Consumer, or an unregistered web site visitor.
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