|
Terms of Use and Privacy Statement By accessing this Web site you agree to be bound by the terms and conditions below. This Agreement contains a binding agreement to arbitrate any and all claims that may arise, and specifically disclaims warranties and liability. This is an essential part of our bargain and by using our site you specifically agree to the arbitration clause. Please read these provisions carefully and print out a copy for your records. USE OF THE EHOMESUSA.ORG SITE OR ANY LINK CONTAINED THEREON , OR REQUEST FOR SERVICES BY A USER IS EXPRESS ACKNOWLEDGEMENT AND ACCEPTANCE OF ALL PROVISIONS CONTAINED IN THIS “TERMS OF USE” AGREEMENT. USE OF THE SITE OR ANY LINK CONTAINED THEREON IS EXPRESS ACKNOWLEDGEMENT OF HAVING READ THIS “TERMS OF USE” IN ITS ENTIRITY AND CONCURRING WITH THE PROVISIONS. Ehomesusa Buyer Agent The Ehomesusa buyer agent is a separate agreement entered into between a buyer and an agent of Ehomesusa for the purpose of submitting an offer to purchase a listing, and/or for the purpose of submitting an offer on a home not listed on our site. This is a separate agreement which is binding on all parties and is subject to the laws of real estate agency agreements which may be different from State to State. If there is any doubt of the provisions, please consult an attorney. Ehomesusa Buyer Agents responsibility to the buyer is specified in the agreement. Buyer Agents carry standard ‘error and omission’ insurance and your sole recourse is through arbitration up to the amount carried by the error and omission insurance. Ehomesusa Listing, Listing Agent and Agreement Users are required to read, acknowledge and sign a separate Listing Agreement prior to the submission of their listing for publication on the website and prior to placement on any MLS site, said Listing Agreement has provisions specific to each users individual property, and, as such, Ehomes has relied upon the information provided by the User/seller in preparing the listing. Listing seller shall be responsible for insuring accuracy of any statements contained in or provided to Ehomesusa for the purpose of preparing the listing, and will review all such statements and listing to insure accuracy of representation. Seller has implied knowledge of all aspects pertaining to his property, except such aspects as would require extensive knowledge to discover and not readily apparent or discernable. Actual knowledge of a defect shall be disclosed and seller shall immediately notify Ehomesusa in the event they become aware of any discrepancies in the listing and shall indemnify Ehomesusa against any claims brought as a result of incorrect information, subject to the Arbitration Clause as specified below. Lister further agrees that his listing does not violate the provisions of the laws pertaining to Equal Housing, nor will it discriminate against any person in a protected class. Cookies By accessing this Web site and inputting your personal information, the user acknowledges that he or she may acquire cookies or other computer files that Ehomesusa uses to identify returning users. Purposes served include but are not limited to, (1) allowing access by the returning user to his or her established account so that information does not have to be reinput by the user; (2) allows access by the returning user to saved searches; (3) allows Ehomesusa to collect data for the limited purpose of future changes to the website . Ehomesusa uses Google Analytics, a web based service provided by Google, Inc (hereinafter referred to as Google). Google analytics uses “cookies”, which are text files placed on your computer to help the website analyze how users use this site. The information generated by the cookie about your use of the site, including the IP address that you used, will be transmitted to and stored by Google on servers maintained by Google. Google will use this information for the purpose of evaluating your use of the site, compiling reports on website activity for website owners and webmasters, and providing other services relating to the use or activity of the site. Google may transfer your information to third parties where required to by law, or where such third parties process the information on Google’s behalf. Google will not associate your address with any other data held by Google. You may refuse the use of cookies by selecting the setting on your browser that “opts out”, however, if you do so, you may not have full access and functioning of all the aspects of the site. By using the site, you consent to the processing of your data by Google in the manner and purpose set out above. Information sharing/reselling By completing your registration with ehomesusa as a potential home buyer or seller, you understand and agree that Ehomesusa will use such information gathered from the site for internal purposes and with your permission or only upon your request, will also provide that information to affiliated companies or persons. Ehomesusa takes care to see that your information is not transmitted to unauthorized persons or the general public, will not resell or share any of your information without your express permission or request, but is not liable for the loss of such information due to theft, hacking or software errors. Site listing information Information pertaining to specific properties or offerings is subject to errors and Ehomesusa is not responsible for any such errors in displayed listing or offerings nor is Ehomesusa responsible for delayed transmission in updating of information. It is expressly understood by the user that some information maintained or presented on a listing or offering is subject to frequent change outside the ability of Ehomesusa to maintain with accuracy. It is further understood that certain pieces of information are not maintained by Ehomesusa and Ehomesusa is relying on third parties to maintain accuracy of that information. Such information as tax value and records, accessed lot sizes, easements, etc., are maintained by government agencies and ehomesusa is relying upon such government agencies. Further, information on the site is provided by the current owners or sellers of a property and Ehomesusa is not responsible for information provided by the owner/seller which may be inaccurate. Ehomesusa encourages all buyers and sellers to insure the accuracy of the listing prior to making any offer to sell or offer to purchase, and/or encourages the specific language in the contract to provide for contingencies upon the possibility of reliance on inaccurate information. If you have any questions, Ehomesusa encourages you to seek legal advice. Should Ehomesusa be apprised that information is incorrect, Ehomesusa will seek to correct the information, but is not liable for any information not corrected. Links Links provided on the site are for the users convenience. Links may take the user off the original site to third-party content and Ehomesusa has no control over what is posted at the destination sites. Ehomesusa does not endorse or promote or sponsor the content found after user clicking on a link that sends a user to a third party site. If linked-to content appears to be in error or is objectionable to the user, please advise Ehomesusa so that Ehomesusa can investigate and make changes to the link. Ehomes does not encourage or indorse, nor do we intentionally link to any site that promotes pornography or encourages any prejudicial or discriminatory actions against any protected class of people. Real Estate Services Ehomesusa corporate office is located in Louisville, Kentucky. Ehomesusa is owned in part by a licensed real estate broker , licensed in the Commonwealth of Kentucky and State of Indiana. Ehomesusa may employ other real estate professionals licensed in various states under the individual laws of those states governing real estate licensing. Website users outside the areas in which Ehomesusa has licensed agent employees who request an agent will be directed to specific agents within the area in which the property is located. Ehomesusa may have agreements with such agents that operate independently of the website. Users may request and receive copies of such agreements with any agent which they are in privity. By making a request on Ehomesusa website, or via email, phone or completion of web-forms, user specifically authorizes Ehomesusa to share the users personal information with other real estate professionals in order to satisfy the user’s request. Users requesting to see, tour, or arrange inspections of properties of interest to user, or to arrange for a buyer agent, or to arrange for a seller agent, or to seek help in selling or buying a home or parcel and thereby providing contact information, are expressly extending an invitation for Ehomesusa or another entity or person, to contact the user. If a user requests services in an area outside our current operating range, Ehomesusa will attempt to locate a brokerage within the users area, and negotiate services similar to those offered by Ehomesusa, but Ehomesusa cannot guarantee such to the user. Outside brokerages may not be bound by the terms offered by Ehomesusa, and such will be disclosed to the user by Ehomesusa. It is the users responsibility and duty to determine whether an outside brokerage can provide the services the user desires. Indemnity By using this site, the user agrees to indemnify and hold harmless Ehomesusa and its suppliers and real estate professionals from and against any and all liabilities and expenses and damages arising out of the users use of the site. Users may not use this site for illegal, harassing, unethical or disruptive purposes. Disclaimers and Limitations on Liability It is Ehomesusa intention that the information contained on this site to be accurate and reliable, however, errors do occur. At any time, Ehomesusa could change information on the site to comport with current or newly received information. Ehomesusa encourages all users to check for such updated or changed information prior to making or accepting an offer to sell or purchase. The site and the information, products and services provided by links to third party sites, forms or software are deemed by Ehomesusa to be provided “as is.” Ehomesusa and/or its suppliers or real estate professionals are not liable for any direct, indirect, punitive incidental or special damages or other injury arising out of or in any way connected to the use of this site and/or Ehomesusa services or with the delay or inability to use this site as a result of actions outside the control of Ehomesusa, whether resulting in whole or in part, from the breach of contract, intentional acts in tort, negligence, strict liability or otherwise, even if and especially if, Ehomesusa or its suppliers or agents in its employ had been advised of the possibility of damages. Dispute Resolution Process Any claim or controversy arising out of or relating to the use of this site, or to the goods or services provided by Ehomesusa or its agents, or to any acts or omissions for which a user may contend Ehomesusa or its agents or service providers are liable, including but not limited to any claim or controversy (dispute) as to arbitrability shall be finally and exclusively settle by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (AAA) in force at the time of the dispute, claim or controversy. The Arbitration shall be venued in Louisville, Kentucky. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by ehomesusa. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must have written demand. Should any State or Federal law conflict with the above rules for resolving disputes, or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps in the process due to the severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrator may be filed and entered into any Court of competent jurisdiction in Louisville, Kentucky, whether Commonwealth Circuit or Federal. 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, speculative, punitive or exemplary damages, and each party irrevocably waives any such claim thereto. The agreement by Ehomesusa to arbitrate shall not be construed as an agreement to the consolidation, class action or joinder of an arbitration under this agreement with 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 the user and Ehomesusa be resolved by binding arbitration. By using Ehomesusa site, you are expressly giving up your right to go to court to assert or defend your rights in regard to a dispute. You also give up your right to participate in or bring a class action suit. Your rights will be determined by neutral arbitrators and not a judge or a jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited that rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Ehomesusa website, services or agents, you consent to these restrictions. Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, or in any instance of any lawsuit between you and Ehomesusa, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the State and Federal Courts sitting in Louisville, Kentucky. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys fees. What is reasonable shall be determined by the Arbitrator based on the experience of the arbitrator in the bringing of or defense of a dispute. COMPLIANCE WITH FAIR HOUSING ACT Ehomesusa and its agents adhere to the spirit as well as the law contained
in Title VIII of the Civil Right Act of 1968. This law, also known
as the Fair Housing Act, generally prohibits discrimination in
the sale, rental, and financing of dwellings, and in other housing-related
transactions, based on race, color, national origin, religion, sex,
familial status (including children under the age of 18 living with
parents or legal custodians, pregnant women, and people securing custody
of children under the age of 18) and handicap (disability). In addition,
every Ehomesusa agent or broker is contractually required to comply
is all respects with all laws, rules and regulations applicable to
the real estate industry, including without limitation, the requirements
imposed by the Fair Housing Act. Ehomesusa is committed to fostering
an environment of diversity and acceptance of all persons, and by requesting
the services of an Ehomesusa Seller Agent, a seller is thusly bound.
Ehomesusa Buyer agents will show each and every home that meets the
requirements or desire of a buyer to see or purchase |
| Copyright © 2012 www.ehomesusa.org All Rights Reserved. |