Dreamhousing.com provides this internet web site and
the services offered in it under the following terms and conditions of service
and use.
Please read them carefully:
You understand, agree and
acknowledge that your use and the Services provided are exclusively governed by
these Terms which cannot be modified in any manner by the user. By accessing
and using the Services, you agree that you have read and understood the Terms
and that you agree to be bound by them, without limitation or qualification and
that no signatures are required to implement the Terms. As used on this Web
site, the terms “we”, “us”, or “our” refer to dreamhousing.com. “You”
refers to all users of the web site. “Sellers” refers to users who list their
properties for sale, rent or advertisement on the web site.
1. ADDITIONAL TERMS; MODIFICATIONS TO THE TERMS
dreamhousing.com may change the terms from time to time without prior
notification to users. Each time you access the web site you will be governed
by the Terms in effect at the time of access. Each and every change will be
posted on the dreamhousing.com home page. If you object to any such
changes, your sole recourse shall be to cease using our services. Continued use
of our services following any such changes shall indicate your acknowledgement and
agreement to be bound by the terms and conditions present at the time, without
limitation or qualification. In addition, when using particular portions of the
Services, you will be governed by additional terms which will appear when accessing
such Services. All such additional terms are herein incorporated by reference.
In the event of a conflict between such additional terms and these Terms, such
additional terms shall govern when you access such Services.
2. MODIFICATIONS TO THE SERVICES
We reserve the right to modify or discontinue
(temporarily or permanently) the Services (or any part thereof) with or without
notice to you. We shall not be liable to you or any third party if we exercise
our right to modify or discontinue the Services. If you object to any such
changes, your sole recourse shall be to cease using the Services. Continued use
of the Services following our notice for any modifications shall indicate your
acknowledgement and satisfaction with the Services provided as is.
3. PRIVACY
As part of the registration process, Sellers will be asked to provide personal information.
You acknowledge, consent and agree that dreamhousing.com may access,
preserve, and disclose your account information and Content if required to do
so by law or in a good faith belief that such access preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms;
(c) respond to claims if any of the content violates the rights of
third-parties; (d) respond to your requests for customer service; or (e)
protect the rights, property, or personal safety of dreamhousing.com,
its users and the public. All uses of such personal information will be in
accordance with the provisions of our Privacy Policy.
4. YOUR LISTING, PASSWORD AND SECURITY
Sellers will be assigned individual listing numbers and passwords. You are
responsible for maintaining the confidentiality of your listing number and
password and you are solely responsible for all activities that occur under
your listing number and password. You agree to immediately notify us of any
unauthorized use of your listing number and password or any other breach of
security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR LISTING NUMBER
AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
5. YOUR RESPONSIBILITIES
In providing us with your information during the
registration process, you agree to provide true, accurate, current and complete
information as prompted, and to maintain and update such information to keep it
true, accurate, current and complete at all times. If any information you
provide is untrue, inaccurate, not current or incomplete, or if we reasonably
believe so, we may suspend or terminate your access to and use of the Services,
and refuse to provide any current or future Services to you. You acknowledge
that you are over 18 years of age or otherwise are of legal age to form a
binding contract. You are solely responsible for all acts or omissions that
occur under your listing number or password, including the accuracy and
completeness of all content that you (or anyone using your account) submit, post or transmit through this web site.
You agree not to use the Services to do any of the
following:
5.1.1. violate any local, state, national or international law;
5.1.2. Stalk, harass or harm another individual
or communicate with such individual after being advised to cease any such communications;
5.1.3. collect, harvest or store personal data about other users
including email addresses or contact Sellers for any purpose other than
responding to the content posted by such Sellers;
5.1.4. impersonate any person or entity, or otherwise misrepresent
your affiliation with a person or entity;
5.1.5. interfere with or disrupt the Services or servers or
networks connected to the dreamhousing.com Web site or the other
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the dreamhousing.com web site.
5.1.6. upload,
submit, post, store or transmit any (a) content that is unlawful, harmful,
threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
racist, sexist, homophobic, or ethnically or otherwise objectionable; (b)
content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships; (c) content that infringes the intellectual
property rights of a third party; or (d) material that contains software
viruses or any other computer code, files or programs, for example, worms,
Trojan horses, cancel bots, time bombs and the like,
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (d) unsolicited
advertising material, notices or “spam”, “junk mail”, pyramid schemes, chain
letters or the like; surveys that have not been approved or cleared by us; or contests or games of chance.
6. YOUR RESPONSIBILITIES IN REGARD TO PROPERTY LISTINGS (if
applicable):
6.1 Any Seller who
registers for the Monthly Plan is responsible for paying monthly subscription
fees according to the following terms: the cost is $30.00 per month. Users who
choose the monthly plan will be automatically re-billed to their credit card
every thirty days from the date the ad is placed until the customer cancels the
ad. Payment for a monthly listing has to be made automatically by credit card.
Users can cancel their listing online or can send a cancellation request via
e-mail at least 1 business day prior to renewal date.
Direct all
cancellation requests to:
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6.2
Any Seller who
registers for the Homeowner Plan will be billed a one-time flat fee of $30.00
(thirty dollars) which entitles the Seller to maintain one property listing for
one month. If the Seller wishes to have the property featured, the price to be
paid is an additional $20.00 (twenty dollars), for a total of fifty dollars for
one month. The seller is responsible for notifying dreamhousing.com of the sale of the property and to remove the listing
from the web site. Dreamhousing.com may charge the Seller a surcharge
not to exceed $50.00 for failure to properly remove the listing after the
Property is sold and remove the listing itself. If the payment is current, the
seller can choose to place the SOLD banner for no additional cost. If the
seller opts for the discount and savings plan the same terms apply. If the
payment is current the seller may choose to use the SOLD banner or to change
the listing and place a new one for the period in which the payment is current.
6.3
Any Seller who registers as an Agent /Broker will be
billed a one-time flat fee of $150.00 which entitles the Seller to maintain up
to five property listings for the period of one month. Such price includes the
listing, description of the property and up to five pictures. If any of the
properties is to be featured an additional $20.00 is required. The Agent/
Broker is responsible for notifying dreamhousing.com of
the sale of any of the properties that may be listed under the agent name or
company with which the property was registered in dreamhousing.com and
to remove the listing from the web site. Dreamhousing.com may charge the
Agent/ Broker a surcharge not to exceed $50.00 for failure to properly remove
the listing after the Property is sold and remove the listing itself. If the
payment is current, the seller can choose to place the SOLD banner for no
additional cost. If the seller opts for the discount and savings plan the same
terms apply. If the payment is current the seller may choose to use the SOLD
banner or to change the listing and place a new one for the period in which the
payment is current.
6.4
Any Seller who
registers for the Developers Plan will be billed according to the plan they
choose. For the starter plan a one-time flat fee of $150.00 per month, entitles
the Seller to maintain one property listing or floor plan, map and information
about the development, with the possibility of keeping this information up to
date for the viewer and possible buyer while the payment is current. It gives
the developer a chance to upgrade to the Standard Plan $300.00 per month or to
the Professional Plan $500.00 per month at any moment before the next payment
is due.
When the seller opts for an upgrade either in the
developer level; meaning Standard Plan or Professional Plan or for
the Development to be placed as a featured listing in dreamhousing.com
the payment must be current. The payment for the difference in price plans
is to be made before entering all the new information, pictures and
listings. In the professional plan the seller will have access to our
consulting line and we can work together to ensure the best available
plan in the dreamhousing.com site with up to 30 pages.
The seller is responsible for the correct use of
language within their micro site as well as for the information submitted;
regarding prices, floor plans, land and amenities and legal issues
concerning the development listing in dreamhousing.com.
The Seller is responsible for notifying dreamhousing.com when they will no longer use the services provided
from the listing of the property or properties included in any of
the developer plans, and to remove the listings from the web site. Dreamhousing.com
may charge the Seller a surcharge not to exceed $50.00 for failure to
properly remove the listing after the Properties included are sold and
remove the listing itself.
6.5 Any Seller who registers for the Featured Home
plan will be billed a monthly fee of $20.00 for each featured property.
This entitles the Seller to maintain the property in featured listing home
rotation until sold if the payment is current. The Seller is responsible for
notifying dreamhousing.com of the sale of
the property and to remove the listing from the web site. Dreamhousing.com may
charge the Seller a surcharge not to exceed $50.00 for failure to properly
remove the listing after the Property is sold and remove the listing itself.
6.5
Any Seller who
registers with the Discounts and Savings plan will be billed accordingly to whichever
plan they choose at the time of registration. The payments will be made every
three months, six months or annually and the discounts will apply accordingly
to the chosen plan. This payment entitles the seller to maintain the property
listing until sold while the payment is current. In the event that the property
has not been sold in this period, the seller can opt to renew the payment on
any chosen plan and keep the listing current. Dreamhousing.com will have
the property listed within the site for the time the payment is current. If the
property is sold before the chosen discount plan ends the seller may choose to
list a different property for the remaining period. The seller may also choose
to place a sold banner if the payment is current and the property has been
sold.
6.6 The payments for the listings are done on a monthly
basis. If you choose the discount and savings plan you will be billed
accordingly. However there will be a cancellation charge for the early
cancellation of the service.
At the end of the term chosen by the seller Dreamhousing.com
will remove the add if it hasn't been removed by the seller. There is a
surcharge for doing this if we haven't received written notice from the
seller or if the seller has not done it himself.
6.7 Dreamhousing.com is not a licensed real estate
broker. All listings are handled by local Real Estate Agents in the area or
by homeowners who act as independent contractors.
7. THIRD PARTY CONTENT AND MONITORING
We are distributors (not a publisher) of Content
supplied by third parties and users of the Services. Accordingly, we have no
editorial control over such Content. Any opinions, advice, statements,
services, offers, or other information or Content expressed or made available
by third parties, including information provided by other users of the Services,
are those of the respective author(s) or distributor(s) of that information and
not of dreamhosing.com. We neither endorse nor are responsible for the
accuracy or reliability of any opinion, advice, information, or statement made
on the dreamhousing.com web site by such parties. By posting, inputting
or otherwise submitting information to our web site, you are representing you
are the rightful owner of such information and are granting us the right,
license and privilege to use such information or data in any way we deem
appropriate. We have the right, but not the obligation, to monitor and review
the Content on the dreamhousing.com Web site and provided through use of
the Services and your account to determine compliance with these Terms and any
other operating rules established by us, to satisfy any law, regulation or
authorized government request, or for any other purposes. You understand and
acknowledge that we do not pre-screen or monitor content for accuracy or
reliability, but that we and our designees shall have the right (but not the
obligation) in our sole discretion to remove any Content from the Services,
without liability to you for any reason. Without limiting the foregoing, we and
our designees shall have the right to remove any Content that violates the Terms, which we believe may create liability for us, or that
we deem otherwise objectionable.
- DEALINGS
WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with, participation in promotions
of, or purchase of goods and/or services from our partners, advertisers or
sponsors found on or through the Services, and any terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE
THAT dreamhousing.com SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS AND TRANSACTIONS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON
OR THROUGH THE SERVICES.
9. EXTERNAL LINKS
Our provision of a link to any other Web site or
location is for your convenience and does not signify our endorsement of such
other Web site or location or its contents. Any concerns you may have regarding
any external link should be directed to that link's Web site administrator or
webmaster. dreamhousing.com SHALL NOT BE LIABLE FOR ANY INFORMATION,
SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE OF
INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
10. NO SPAM
We do not condone or allow spam. We prohibit you from
using the Services to promote your own Web site or any business, product or
service through the sending of unsolicited email. We reserve the right to
investigate and terminate your rights under this Agreement.
11. USE AND
STORAGE
You acknowledge and agree that we may establish general practices and limits
concerning use of the Services, including, without limitation, the maximum
number of days that information, data, account history or other uploaded
Content will be retained by the Services and the maximum number of times (and
the maximum duration for which) you may access the Services in a given period
of time.
12. NO RESALE
OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion of the Services, use
of the Services or access to the Services. The Services are provided for your
personal, noncommercial use only.
13. TERMINATION
You agree that we, in our sole discretion, may terminate your password, account
(or any part thereof) or access to and use of the Services, and remove and
discard any information posted by you on or through the Services, for any
reason or no reason, with or without notice and effective immediately,
including, without limitation, if we believe that you have violated or acted
inconsistently with the letter or spirit of the Terms. You acknowledge and
agree that we may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such
files or the Services. You agree that we may terminate your account if it
remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR
ACCESS TO THE SERVICES. You may discontinue your participation in and access to
the Services at any time.
14. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR
PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES.
WE CREATE NO WARRANTY TO ASSURE (A) THE SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE
OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION,
PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET
YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE dreamhousing.com
WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR INFORMATION.
WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED
BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO
THROUGH OR AS THE RESULT OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM dreamhousing.com
OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
15. LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER
APPLICABLE LAW, IN NO EVENT WILL dreamhousing.com OR ITS OFFICERS,
EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS
OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO:
15.2 the use or the inability to use
the Services;
15.3 the cost of procurement of
substitute goods and services resulting from any goods, data, information or
services purchased or obtained or transactions entered into through or from the
Services;
15.4 unauthorized access to or
alteration of your transmissions or data;
15.5 statements or conduct of any
third party on or through the Services, including threatening, defamatory,
obscene, offensive or illegal conduct or any infringement of another's rights,
including intellectual property rights;
15.6 Your failure to adequately
safeguard your password or access to the Services;
15.7 any Content you access through
the services, including, but not limited to, for any errors or omissions in any
Content, or your use of or reliance on any Content posted, emailed or otherwise
transmitted through the Services;
15.8 termination of your access to
or use of the Services as provided herein;
15.9 The deletion or failure to
store any information or data, communications or Content maintained or
transmitted by or through the Services;
15.10 any modification, suspension or discontinuance of the Services (or any part
thereof) or these terms;
15.11 use of or reliance on any Content, goods or services available on any
other Web sites that you access through the Services; and
15.12 any other matter
relating to the Services or these Terms.
16. EXCLUSIONS
AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations and disclaimers may not apply to
you. To the extent that we may not, as a matter of applicable law, disclaim any
implied warranty or limit its liabilities, the scope and duration of such
warranty and the extent of our liability shall be the minimum permitted under
such applicable law.
17. INDEMNIFICATION
You agree to indemnify, defend and hold harmless dreamhousing.com, its
parents, subsidiaries, affiliates, officers, directors, co-branders or other
partners, employees, consultants and agents from and against any and all
third-party claims, liabilities, damages, losses, costs, expenses, fees
(including reasonable attorneys' fees) that such parties may incur as a result
of or arising from (1) any information or Content (as defined below) that you
(or anyone using your account) submits, posts or transmits through the
Services, (2) your (or anyone using your account's) use of the Services, (3)
your (or anyone using your account's) violation of these Terms, (4) your (or
anyone using your account's) violation of any rights of any other person or
entity or (5) any viruses, Trojan horses, worms, time
bombs, cancel bots or other similar harmful or deleterious programming routines
input by you into the dreamhousing.com Web site or other Services.
18. TRADEMARKS
Certain of the names, logos, and other materials displayed on the dreamhousing.com
Web site and in and through the Services constitute trademarks, trade names,
service marks or logos (“Marks”) of dreamhousing.com or other entities.
You are not authorized to use any such Marks. Ownership of all such Marks and
the goodwill associated therewith remains with us or those other entities.
19. COPYRIGHTS;
RESTRICTIONS ON USE
The content of the Services, including without limitation, text, software,
music, sound, photos, graphics, video, page layout and design and other
material contained in the Services or information presented through the
Services by dreamhousing.com or its licensors (the “Content”), is
copyrighted by dreamhousing.com and/or its licensors under United States
and international copyright laws, is subject to other intellectual property and
proprietary rights and laws, including trademark and patent laws, and is owned
by dreamhousing.com or its licensors. The Content may not be copied,
modified, reproduced, republished, uploaded, posted, transmitted, sold, offered
for sale, or redistributed in any way without the prior written permission of dreamhousing.com
and our applicable licensors. You must abide by all copyright notices,
information, or restrictions contained in or attached to any Content. You
acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by dreamhousing.com
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part. dreamhousing.com grants you a
personal, non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the
interface that is provided by dreamhousing.com for
use in accessing the Service.
20. LICENSE
You hereby grant to dreamhousing.com and its successors and assigns, a
worldwide, perpetual, irrevocable, royalty-free, sublicense
able right, in any media now known or currently known, to exercise all
copyright and other intellectual property rights with respect the Content you
provide to us to be published on the dreamhousing.com Web site or on or
through the Services or otherwise through the Services, to use, distribute,
display, reproduce, modify and create derivative works from such material, in
any and all media, in any manner, in whole or in part, without any duty to
account to you. The foregoing does not apply to Content contained on hyper
linked pages or any other Content you do not submit to us.
21. MISCELLANEOUS
The Terms constitute the entire and exclusive and
final statement of the agreement between you and dreamhousing.com with
respect to the subject matter hereof, and govern your use of the Services,
superseding any prior agreements or negotiations between you and dreamhousing.com
with respect to the subject matter hereof. The Terms and the relationship
between you and dreamhousing.com shall be governed by the laws of the
State of California as applied to agreements made, entered into and performed
entirely in San Diego, California; not withstanding your actual place of
residence. All lawsuits arising out of the Terms or out of your use of the
Services shall be brought in the Federal or state courts having jurisdiction
over San Diego County, in the state of California and you hereby
irrevocably submit to the exclusive personal jurisdiction of such courts for
such purpose. Service of Process in any such action may be effected
either by certified mail, return receipt requested or by recognized national
private carrier where you or your authorized agent accept delivery of such
service of process. Our failure to exercise or enforce any right or provision
of the Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and that the
other provisions of the Terms remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Services or the Terms must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or
contractual effect.
22. VIOLATIONS
Please report any violations of the Terms to us at
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.
