ARTICLE I- PRINCIPLES:
Section 1.01 — Information Submitted:
Notice: We may gather and use information as follows:
(a) Volunteered Information:
We will receive and store any information you enter on the Web Site or give us in any other way that personally identifies you to improve your experience at the Web Site, to get a better general understanding of the type of individuals visiting the Web Site, and to enable us to contact you when needed. Typically, you will provide information such as name, email address, postal address, telephone number, and information about your home on the Web Site to receive services from SITE and our advertisers. By submitting this personally identifiable information to SITE you agree to receive email and postal mail from SITE, real estate service providers, and other advertising partners. You further understand and agree that by using our services, you are extending an express invitation for SITE, real estate service providers, and other advertising partners 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 federal, state or other Do Not Call lists. We are able to offer all of the real estate and other services on the site by your willingness to accept this communication. We believe in 100% permission based marketing. Members always have the option to unsubscribe from these emails by clicking on the simple unsubscribe link at the bottom of these emails.
To enable us to provide content that users need and desire, we collect aggregated site-visitation statistics using cookies. A Cookie is simply a small data file we place on your computer’s hard drive when you first visit the Web Site (“Cookie”). This file contains a unique number that helps us identify you when you return to the Web Site. Cookies are employed by thousands of web sites to enhance users’ web viewing experience. Cookies can neither damage user files nor can they read information from users’ hard drives. We combine all usage information provided by such Cookies and we do not monitor your use of the Web Site. Allowing us to create a Cookie on your hard drive will not give us or any other site access to the rest of your computer’s hard drive, and only we will be able to read the Cookie that the Web Site creates.
We give you a choice as to the type and amount of private information we have, as follows:
(a) Volunteered Information:
You can always choose not to provide certain information to us, however, you will not be able to take advantage of many of our offers. If you have previously provided certain information to us and you desire to remove such information from our databases, or if you do not wish for your information to be disclosed to third parties.
(b) Automatic Information:
Most web browsers automatically accept Cookies, but if you prefer, you can edit your browser options to block Cookies in the future. The “Help” portion of the toolbar on most browsers will explain how you can prevent your browser from accepting new Cookies, how to set the browser to inform you when you receive a new Cookie, or how to reject Cookies altogether.
We protect the security of your personal information. We take steps to protect your data from loss, misuse, alteration, destruction, or unauthorized access. While we use security technologies to secure users’ information, we cannot guarantee that any electronic communications is totally secure.
Section 2.01 — Children:
Users of the Web Site must be at least 13 years old. If a child has provided us with personal information, that child’s parent or guardian should visit us at http://unsubscribe.nexthousenow.com to delete such information from our records.
Section 3.01 — Third Party Web Sites:
Please be aware that the Web Site may have links to third party web sites that may collect personally identifiable information about you. When you click on one of these third party links, you are entering another web site for which we have no responsibility. This Notice does not cover the information practices or policies of such third party web sites. We encourage you to read the privacy statements of all such web sites since their privacy policies may be materially different from our Notice.
Section 4.01 — Agreement and Modification:
This Web site is offered to you, the “User,” conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of this Web site and your agreeing to “Accept” the terms constitutes your agreement to all such terms, conditions, and notices. The terms, conditions and notices contained in this agreement shall be governed by the laws of the State of Missouri, and the “User” submits to the laws and jurisdiction in the State of Missouri concerning its use of this website.
REAL ESTATE SERVICES
All of the information you have provided in this referral form is true and complete. You authorize SITE to forward your information to its network of real estate professionals. You understand that these real estate professionals may keep this information, whether or not you complete a real estate transaction with them. 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 federal, state or other Do Not Call list.
Your use of this Web site constitutes your agreement with this compensation arrangement.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 2017 SITE and its suppliers or real estate professionals.
DISCLAIMERS AND LIMITATIONS
SITE 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 SITE at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” SITE AND ITS SUPPLIERS 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, NONINFRINGEMENT AND PRIVACY. USE OF THIS WEB SITE IS AT YOUR OWN RISK. SITE AND ITS SUPPLIERS 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 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 SITE AND ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
As a condition of use of this Web site, you agree to indemnify SITE and its suppliers and 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.
You hereby represent, acknowledge and affirmatively state that they are in compliance with the Telephone Consumer Protection Act (“TCPA”) and other State and Federal regulations as currently in effect and as may be amended from time to time (“Regulations”). Such compliance shall include but not be limited to those amendment and/or changes to the TCPA which take effect as of October 16, 2013.
You agree to indemnify and hold harmless SITE and its officers, directors, employees and agents from any and all claims, damages, fees and costs brought against or incurred by SITE as a result of any administrative, legal or other proceeding or action arising as a result of your breach or failure to comply with any Regulations. This provision shall survive the expiration or termination of any Agreement between you and SITE.
SITE is in no way providing any legal or financial advice relating to the sale or purchase of your property. SITE highly recommends seeking the advice of a licensed real estate agent or broker before selling or buying a house.
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. SITE does not operate or control in any respect any information, software, products or services available on such Web sites. SITE 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. Any real estate broker or agent referred to you from this website shall not be construed as an agent of SITE.
ERRORS AND DELAYS
SITE is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems.
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by SITE, or to any acts or omissions for which you may contend SITE is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Greene County, Missouri. 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 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 SITE. In any arbitration, SITE 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. 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 Greene County, Missouri. 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. The agreement to arbitrate shall not be construed as an agreement to the joiner 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 SITE 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 SITE’s 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 SITE, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Greene County, Missouri. In the event SITE employs attorneys to enforce any right in connection with any Dispute or lawsuit, SITE shall be entitled to recover reasonable attorneys’ fees.