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Terms Of Use - Home Buyers and
Home Sellers
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.
PARTICIPATION
A. Home Sellers and Home Buyers
ViewMyDreamHome.com currently provides Home Seller and
Home Buyer participation at no charge.
RESPONSIBILITIES OF HOME
SELLERS
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 Sellers 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.
RESPONSIBILITIES OF HOME
BUYERS
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 Buyers 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.
INFORMATION
Each User agrees to be solely responsible for the Users
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.coms
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.coms
own business purposes and/or profit.
NO RESALE OF SERVICES
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.
A User may not otherwise copy, distribute or create
derivative works without express ViewMyDreamHome.com
permission.
DISPUTES
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:
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.
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.
MODIFICATION OR DISCONTINUATION
OF SERVICE
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.
SYSTEM INTEGRITY
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.
WEB LINKS
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.
PRIVACY POLICY
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.
INDEMNIFICATION
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.
DISCLAIMER AND WARRANTY
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.
LIMIT ON
LIABILITY
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.comS LIABILITY,
AND THE LIABILITY OF ViewMyDreamHome.comS 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.
GENERAL COMPLIANCE WITH LAWS
Each User, agrees to comply with all applicable laws,
statutes, ordinances and regulations.
NO AGENCY
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.
NOTICES
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.
CHANGES
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.
GENERAL
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.coms
failure to act with respect to a breach by a User or
others does not waive ViewMyDreamHome.coms right
to act with respect to subsequent or similar breaches.
DISCLOSURES
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 Toll Free: 866.632.2757.
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.
ENTIRE AGREEMENT
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.
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) "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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