TERMS OF SERVICE
Introduction
If you visit or use our services at realestate-bargains.com, you must accept our terms of service listed here. Please discontinue the use of realestate-bargains.com, or its services if you don’t agree to the terms of service listed here
Please review the following terms of service carefully before using the site.
Before you may use our web site, you must read and accept all of the terms and conditions in, and linked to, this Terms of Agreement.
By accepting these Terms of Service, you agree that your use of realestate-bargains.com web site will be governed by the Terms of Service posted here.
If users have any questions or suggestions regarding our privacy policy, please contact us using via email to info@realestate-bargains.com or writing to us at following address:-
Real Estate Bargains
2464 El Camino Real #232
Santa Clara , CA 95051, USA
BY USING OUR SITE(domain and sub domains of www.realestate-bargains.com) AND SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT LISTED ON THIS PAGE ( including hyperlinks or links to other pages ).
Modifications of these Terms of Service
Realestate-bargains.com may change these Terms of Service from time to time in its sole discretion. You agree that your continued use of realestate-bargains.com, and its services following realestate-bargains.com’s posting of any changes will constitute your consent to new or revised terms of service. Please discontinue the use of realestate-bargains.com, or its services if you don’t agree to any changes to this agreement.
Acceptance of Terms of Use
Realestate-bargains.com provides its service to users (each, a "User") on an "AS IS", "AS AVAILABLE" basis subject to these Terms of Service. BY USING OUR WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERIVICE (COLLECTIVELY AND SEPARATELY REFERRED TO AS THE "realestate-bargains.com TERMS OF SERVICE").
Disclaimer of Warranties
User expressly agrees that use of realestate-bargains.com website or any part thereof is at user's sole risk. Realestate-bargains.com sites and servicesare are provided on an "as is" and "as available" basis. realestate-bargains.com disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose. Without limiting the generality of the foregoing, realestate-bargains.com does not make any warranty that products or services listed or sold on the website will meet user's requirements, or that realestate-bargains.com will be uninterrupted, timely, secure, or error free; nor does realestate-bargains.com make any warranty as to the results that may be obtained from the use of realestate-bargains.com or its services or as to the accuracy or reliability of any information obtained posted on the site. realestate-bargains.com does not make any warranty regarding any goods or services purchased or obtained on or through realestate-bargains.com or any transactions entered into on or through realestate-bargains.com. No advice or information, whether oral or written, obtained by user from realestate-bargains.com. or through emails from realestate-bargains.com shall create any warranty not expressly made herein.
Limitation of Liability
Under no circumstances shall realestate-bargains.com be liable for any direct, indirect, incidental, special or consequential damages or loss, resulting from the use of realestate-bargains.com website or its services. realestate-bargains.com will not be liable for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into on or through realestate-bargains.com or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if realestate-bargains.com and/or any third party who may operate realestate-bargains.com website on realestate-bargains.com's behalf has been advised of the possibility of such damages.
realestate-bargains.com does not warrant that this site, its servers, or e-mail sent from realestate-bargains.com are free of viruses or other harmful components.
Your use of the service is at your sole risk. the site and services are offered "as is" and "as available", without any warranties or guarantees expressed or implied. realestate-bargains.com and its subsidiaries, affiliates, officers, directors, employees, agents, joint ventures, parent companies, contractors, suppliers, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You understand and agree that realestate-bargains.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages(however arising, including negligence) resulting from or in connection with this agreement or the use of the site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 6 months prior to the action giving rise to the liability, and (b) $250.
Promotional Messages
realestate-bargains.com and/or third parties may, from time to time, send email messages to Users containing advertisements, promotions, etc. realestate-bargains.com does not, and will not, make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and User agrees that realestate-bargains.com. shall have no liability with respect thereto.
Indemnification
User agrees to defend, indemnify and hold realestate-bargains.com, its parents, subsidiaries, affiliates, officers and employees, its suppliers and their respective affiliates and agents, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of User's use of realestate-bargains.com, the violation of these Terms of Service by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity or your violation of any law or the rights of a third party.
Miscellaneous
(1) realestate-bargains.com. reserves the right and the sole discretion to (A) make improvements, corrections, adaptations, conversions and/or any other change in realestate-bargains.com website or any part thereof and/or to a revised or new Terms of Service; (B) change, limit, terminate or cease to provide at any time, temporarily or permanently, realestate-bargains.com or any part thereof, to all Users or any number thereof including without limitation, at any time, without notice, for any reason or no reason; (C) Establish new Terms of Service policy for realestate-bargains.com and change it at any time for any reason or no reason; (2) Nothing contained in this document shall be construed to limit action realestate-bargains.com may take or remedies available to it in any way with respect to any prohibited activity or conduct. realestate-bargains.com reserves the right to take any additional actions it may consider appropriate with respect to such activity or conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from realestate-bargains.com website or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this agreement. In addition, realestate-bargains.com reserves the right to charge and/or sue for damages (including damage to software, hardware and other equipment and the time and expense incurred in repairing such damage) if any harm is done to its network or equipment which requires repair or reconfiguration of any kind.
Applicable Law
This Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of the state of California , excluding its conflicts-of-law rules. Please note that your use of the realestate-bargains.com website and its services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with realestate-bargains.com or relating in any way to your use of the realestate-bargains.com website or its services resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving realestate-bargains.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, hosting providers, credit card processing companies and content providers.
Content License
realestate-bargains.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future (We need these rights to host and display your content). You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify realestate-bargains.com or its affiliates for all claims resulting from content you supply.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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."
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide to realestate-bargains.com. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Advertisers / Links
The realestate-bargains.com website or services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because realestate-bargains.com has no control over such sites and resources, you acknowledge and agree that realestate-bargains.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that realestate-bargains.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that realestate-bargains.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
No resale of service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your User ID), use of the Service, or access to the Service.
Abusing realestate-bargains.com
realestate-bargains.com and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
You may not use our sites to transmit or forward, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail("Spam"). realestate-bargains.com prohibits members from sending Spam. You also may not deliver Spam or cause Spam to be delivered to any of realestate-bargains.com Services or realestate-bargains.com customers.
As permitted by applicable law, realestate-bargains.com has the right, but not the obligation, to monitor any activity and content associated with this Site. realestate-bargains.com may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including listings and bids. realestate-bargains.com reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
Without limiting other remedies, we may limit, suspend, or prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Modifications To Service
realestate-bargains.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that realestate-bargains.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
realestate-bargains.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us an email at support@realestate-bargains.com with information specified below.
*A description of the copyrighted work that you claim has been infringed upon;
*A description of where the material that you claim is infringing is located on the site, including the User Name, Item Number, if applicable;
*Your address, telephone number, and e-mail address;
*A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
*A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Disputes and Release
We can not and will not get involved in disputes between users. If you have a dispute with one or more users, you hereby release realestate-bargains.com (including all officers, subsidiaries, directors, licensors, joint ventures, employees, parent companies, contractors, suppliers, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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."
Personal Information
realestate-bargains.com may collect, store, and process your information such as your first and last name, email address, physical contact information etc. and all information you provided and all your content generate to our site.
Access and Interference
Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the realestate-bargains.com's web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any listing or auction listed on our site, or any users account or information. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You may not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of realestate-bargains.com and the appropriate third party, as applicable. You may not bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You may not use our site or service to distribute viruses or any other technologies that may harm realestate-bargains.com or others.
Privacy
For a complete description of how we use and protect your personal information, please review the realestate-bargains's private policy. If you object to your Information being transferred or used in this way please do not use our services.
Notice
All notices given between both parties (You and realestate-bargains's) will be made via email, certified mail, regular mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us.
Legal Responsibility
The Site and Services only may be used for lawful purposes and in a lawful manner. You may not offer for sale or sell items to any buyer in a jurisdiction where the item or terms of the sale violate applicable laws or regulations. You also may not offer for auction any item that violates realestate-bargains's policies. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items through our site. Sellers and buyers are responsible for researching and complying with any applicable laws, regulations or restrictions on items, or manner of sale or exchange, that may pertain to transactions in which they participate.
No Partnership / Agency
You and realestate-bargains.com's act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Violation of User Agreement
We may bar you permanently to use our site, should you violate any portion of this User Agreement.
No Waiver
realestate-bargains's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of realestate-bargains's right to subsequently enforce such provision or any other provisions of this Agreement.
General
realestate-bargains.com reserves the right to refuse service to anyone.
If a dispute arises between you and realestate-bargains.com, we strongly encourage you to contact us directly by going to disupte center and file a dispute. We will consider reasonable requests to resolve the dispute.
You agree that your realestate-bargains.com account is non-transferable and any rights to your User ID or contents within your account may terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You may not use or manipulate this service for any fraudulent activity or purpose.
realestate-bargains.com retains the right, but does not have the obligation, to immediately halt any auction or product sale, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, inappropriately categorized items, items, auction inaccuracies, product inaccuracies, unlawful items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of realestate-bargains.com, and to correct any inaccurate listing, auction inaccuracies, product inaccuracies, inappropriately categorized items or technical problems on the Site.
You understand and agree that it is the seller's and the buyer's responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also agree that realestate-bargains.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.
This Agreement and the terms and conditions herein, shall be governed by the laws of the State of California without regard to its conflict of law provisions. You further submit to the legal jurisdiction of the state of California and agree that any legal action or proceeding regarding this Agreement and the relationship between you and realestate-bargains.com, whether it be on a local, state, or federal level, shall be brought within the county of Santa Clara , California . You and realestate-bargains.com agree that any cause of action arising out of or related to the realestate-bargains web sites must commence within one(1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Disclosure
The services herein are offered by realestate-bargains's. Any Inquiries can be made to the following address:
Real Estate Bargains
2464 El Camino Real #232
Santa Clara , CA 95051
The section titles in this agreement are solely used for the convenience only and have no legal or contractual effect. Bottom of Form |
