Terms Of Use

Please read these Terms of Use carefully before continuing on with your use of HomesInDesert.com. Your express consent to these Terms of Use or use of any aspect of the Services signifies your agreement with these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES. THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY AGREEING TO THESE TERMS OF USE AND THE ARBITRATION AND CLASS ACTION WAIVER PROVISION, YOU WAIVE YOUR RIGHT TO BRING A LAWSUIT IN COURT. HomesInDesert fully supports the principles of the Fair Housing Act and the Equal Opportunity Act.

1. Terms.

This is a legally binding agreement. The terms "you" and "your" refer to an individual registering with or accessing the Service. You represent that you have the full right, power, and authority to enter into and perform these Terms without the consent of any third party.

HomesInDesert may, in its sole discretion, amend these Terms from time to time upon notice. Your continued use of the Service after any such change constitutes your acceptance of the amended Agreement. If you do not agree to any portion of these Terms at any time, you must cease your access and use of the Service.

2. Use.

B. Service Rules. You will use the Service strictly in accordance with these Terms, all Documentation, the Privacy Policy, and Applicable Law. You will not engage in any of the following activities:

(i) use the Service in violation of any third party license or agreement;

(ii) use the Service to collect, process, or store bank account information, personally identifiable information pertaining to children under 13, or health or medical information (including 'Protected Health Information' as defined in the Health Insurance Portability and Accountability Act of 1996);

(iii) sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Service;

(iv) use, modify, copy, or create derivative works from the Service or Marks without the applicable owner's written permission, including without limitation using automated or manual means to access copy content from the Service;

(v) frame, mirror, embed or otherwise incorporate any portion of the Service in any other service or product;

(vi) reverse engineer, decompile, or disassemble any part of the Service, or use or access any part of the Service in connection with any other product or service using features, functions or graphics similar to any part of the Service;

(vii) remove, obscure, or alter any Intellectual Property Rights notice related to any part of the Service or Marks;

(viii) send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful Content;

(ix) facilitate the transmission or use of any:

  1. malicious code (includingmalware, viruses, worms, and Trojan horses);
  2. traps, time bombs, or other code with a latent ability to disable or cripple software or services; or
  3. code that would allow any party to interfere with or access any of portion of the Service;

(x) interfere with, disrupt, or overburden the integrity or performance of the Service, or interfere with any other use of the Service;

(xi) attempt or assist others to attempt to gain unauthorized access to the Service or its related systems or networks; or

(xii) use the Service in any way not expressly authorized by these Terms.

C. Service Changes; Suspension. HomesInDesert may, without prior notice, change the Service, stop or suspend access to any or all of the Service, or create usage limits for the Service. Your continued use of the Service after any change or limitation constitutes your acceptance thereof.

Monitoring; Records. HomesInDesert have the right, but not the obligation, to review and monitor your use of the Service at any time, with or without notice, including Communications, to ensure compliance with these Terms.

User Content and Behavior. Because HomesInDesert does not control Content, you acknowledge and agree that HomesInDesert is not responsible for any Content and HomesInDesert makes no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Your interactions with Users are solely between you and such Users and HomesInDesert is not responsible or liable with respect to any such interactions. If there is a dispute between you and any User, HomesInDesert is under no obligation to become involved. HomesInDesert reserves the right to change, condense or delete any content, information, or other materials on the Service (including your Content).

F. Service Content. HomesInDesert may provide a variety of features on the Service. HomesInDesert, the Affiliate Entities, our service providers, and our other licensors are merely providing you, Users and Agents a forum to exchange information, and such parties no way endorse, guarantee, or are responsible, and will not be held liable, for the accuracy or reliability of any content posted on the Service by a Client, User, or any Agent. Content and opinions posted on the Service by a you, a User, or an Agent belong to those respective author(s) and not us or any Affiliated Entity. Any use or reliance on any content and opinions posted on the Service or obtained by you through the Service is at your own risk.

G. Your Representations. You represent and warrant that you:

(i) are entitled to grant the rights and licenses to your Content under these Terms and none of your Content will infringe any party's Intellectual Property Rights or violate Applicable Law;

(ii) will use the Service for internal purposes only and will not sell, license,or transfer to any party any information obtained through the Service or engage in any other commercial exploitation of the Service;

(iii) have the right and authority to enter into these Terms, and that by entering into or executing your obligations under these Terms, you will not be in breach or violation of the terms of any agreement with or obligation to any third party

(iv) are a prospective purchaser or seller of real property in the geographic areas where HomesInDesert is licensed and operating with a bona fide interest in the purchase or sale of such real property;

(v) have not signed any agreement with a real estate broker or agent that would prevent you from using HomesInDesert services as your sole and exclusive broker or agent, and you do not have a contract or agreement with any third party that would interfere with HomesInDesert representation of you;

(vi) will limit your search on the Service to properties within your anticipated purchase ability or price range and to the properties that meet your other criteria;

(vii) will not (a) contact the owner, seller, or Listing Agent of any property from information gained through the Service or (b) attempt to enter the property or speak with an owner. Seller, or Listing Agent without an appointment set by HomesInDesert;

(viii) will abide by all copyright restrictions placed on the content of the Website including, but not limited to, any material or data compilations where HomesInDesert or others may hold the copyright;

(ix) agree that HomesInDesert may also represent other prospective buyers seeking to purchase properties that may meet your criteria;

(x) authorize us to review and provide copies of various documents in any of your transactions relating to the Service, including without limitation home inspection reports and closing papers;

H. Agent Users. Any User that holds any type of real-estate license, including, but not limited to a brokers, associate brokers or salespersons license other Agents must immediately advise us by before that User may access any password protected material including, without limitation, house listing data or other data compilations. HomesInDesert reserves the right to deny or terminate access to any real-estate agent who is not an Agent, except for the real-estate agent's limited purpose of accessing the Website for verifying compliance with MLS rules.

I. Property Data Restrictions. In addition to other restrictions herein, for the avoidance of doubt, all property data provided on the Service is for your personal, sole and private, non-commercial use and not available for redistribution, retransmission or copying. You may not sell or use such data for any purpose, other than the purpose of attempting to evaluate properties or properties for sale or purchase. You acknowledge that the MLS data on the Service is owned by the respective MLS, and you acknowledge the validity of the MLS's copyright to such data.

3. Licenses.

A. License to You. Subject to these Terms, HomesInDesert grants you a non-exclusive, non-sublicenseable, nontransferable, limited right, solely during the term of the Agreement, to access and use the Service solely for your non-commercial purposes related to searching for real estate for personal use.

B. License to HomesInDesert. You grant to the HomesInDesert a non-exclusive, sublicensable, transferable, perpetual, irrevocable, royalty-free, worldwide license to use, develop, transmit, distribute, modify, reproduce, publically display, and create derivative works of any of your Content to provide, develop, maintain, support, and improve the Service and the Affiliated Entities' services.

C. Maps. The Service may feature Microsoft Bing Maps and Google Maps. Use of Microsoft Bing Maps is subject to the Bing Maps Terms of Use and use of Google Maps is subject to the Google Maps Terms of Use and Privacy Policy. Such services are not under the control of Affiliated Entities. Please review the terms of use or privacy policies of these services for rights and restrictions.

4. Ownership Rights.

A. HomesInDesert Ownership Rights. As between you and HomesInDesert,

(i) HomesInDesert solely and exclusively own and will continue to own all right, title and interest in and to the Service and Marks;

(ii) you will do nothing inconsistent with such ownership, including by challenging title or registering or attempting to register Marks or any similar trademarks;

(iii) no title to or ownership in the Service or Marks, or any associated Intellectual Property Rights embodied therein, is transferred by implication to you under these Terms; and

(iv) any use of Marks by you that is permitted under these Terms will inure to the benefit of and be on behalf of the applicable owner. You will promptly notify us of any use of the Service or Marks by any party that is not authorized by these Terms. If you provide us or any affiliate with Feedback, you assign to such entity all right, title and interest in and to such Feedback, including all Intellectual Property Rights therein, waiving all claims thereto, including claims of payment and credit.

5. Data.

You agree that the Affiliated Entities, including HomesInDesert, may collect, store, use, and distribute information in accordance with the Privacy Policy, including in respect of your information and data. You will comply with the Privacy Policy.

6. LIMITATION OF LIABILITY.

IN NO EVENT WILL ANY AFFILIATED ENTITY, INCLUDING US, OR ANY OF THEIR EMPLOYEES, LICENSORS, CONSULTANTS, CONTRACTORS, OR DIRECTORS, BE LIABLE FOR COSTS OFPROCUREMENT OF SUBSTITUTE GOODS, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, ERRORS, OMISSIONS, MISCALCULATIONS, MISREPRESENTATIONS OF VALUE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL , EXEMPLARY, OR OTHER DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY AFFILIATED ENTITY, INCLUDING US, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION ON LIABILITY DOES NOT APPLY TO PERSONAL INJURY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

7. Indemnification.

You will indemnify, defend and hold us, including any Affiliated Entity, including us, harmless from and against any and all Claims to the extent arising out of or in connection with your

(i) breach of these Terms;

(ii) conduct involving fraud, negligence, omissions, or willful misconduct; and

(iii) misuse of the Content or any other misuse of the Service.

8. Third Party Beneficiary.

These Terms do not and is not intended to confer any rights or remedies upon any person other than the parties and as otherwise expressly stated herein.

9. Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

16. General.

A. Nature of Relationship. The relationship of the parties under these Terms will be that of independent contractors. Neither these Terms as a whole or any part of these Terms will render either party the agent, representative, servant, or employee of the other party. Neither party has the power, express or implied, to bind the other party in any manner or to make representations on behalf of the other party regarding any matter. Except as stated in the Agreement, HomesInDesert will in no way be restricted from using or commercializing all or any portion of the Service or performing or receiving any services from any third party including services the same as or similar to Service provided or received in connection with these Terms.

B. AGREEMENT TO ARBITRATE DISPUTES

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.

THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

ALL PARTIES USING THIS WEBSITE AGREE TO ARBITRATE:

You and all Affiliated Entities agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, any Affiliated Entities may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined

Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800- 352-5267.

To initiate arbitration, you or HomesInDesert must do the following things:

1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.

(3) Send one copy of the Demand for Arbitration to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay all administrative costs and fees. In addition, for claims of less than $1,000, HomesInDesert will not reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county, Riverside, in California. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The arbitrator's decision may be entered as a judgment in a court of competent jurisdiction.

NO CLASS ACTIONS: You may only resolve disputes with HomesInDesert on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Affiliated Entities in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, BOTH PARTIES HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

 

 

Last updated 18 May 2017


Darryl Manco
DARRYL MANCO (415) 364-8740 45000 Club Drive, Indian Wells CA 92210