("SITE"), you are accepting the practices described in this Notice.
are effective upon posting. Please check back frequently for updates as it is
your sole responsibility to be aware of changes. SITE does not provide
notices of changes in any manner other than by posting the changes at this
provide any information to SITE or use any of the services or products
offered or provided on SITE.
ARTICLE I- PRINCIPLES:
Section 1.01 -- Information Submitted:
Notice: We may gather and use information as follows:
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. Members also have
the option of completely removing their information from our database by
submitting the request at
(b) Automatic Information / Login:
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.
(c) Information Use:
We use information for personal identification; to get a better general
understanding of the type of individuals visiting the Web Site; to respond to
your requests for purchases, comments, or questions; to improve your experience
at the Web Site; to collect aggregated site-visitation statistics; to alert you
to product enhancements, special offers, updated information, and to provide
advertisements from SITE or third party marketers.
(d) Limits of Confidentiality:
We may disclose certain information about our database to third parties
including our advertising partners. Below are the circumstances under which we
may disclose information to third parties.
(1) We may disclose personally identifiable information to our advertising partners
for their use in sending advertisements through email or postal mail.
(2) We will disclose aggregate level information about our database to
marketers as necessary to convey the services that we have the ability to
offer, or to report on the advertising campaigns that we have launched over the
course of our existence.
We may release any user information if required to comply with law; to enforce
or to apply the Web Site Terms and Conditions; or under the good faith belief
that disclosure is otherwise necessary or advisable including, without
limitation, to protect the rights, properties, or safety of us or our users.
We give you a choice as to the type and
amount of private information we have, as follows:
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, you may visit us at
http://unsubscribe.nexthousenow.com to remove such information. Once
information has been disclosed to third parties, you will have to contact the
third party directly to remove or modify your information.
(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 --
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:
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
By using this site, including, without
limitation, submitting information on the registration page, signing up for
additional advertiser offers and/or continuing to receive communication from
us, you indicate that you have read and understand this Notice and you consent
to the collection and use of information by us in the manner explained in this
covering limitations on damages, arbitration of disputes, and the application
of Missouri law govern any dispute over privacy. By using and accessing the Web
Site you agree to indemnify us for any and all third party claims resulting
from your breach of this Notice. If you have any questions or concerns about
your privacy at the Web Site, please email a thorough description of the issue
through the Contact Us page of this Web Site. If you do not accept this Notice,
do not access and use the Web Site. We reserve the right, at our discretion, to
the Site. Please check this page periodically for changes. Your continued use
of the Site or acceptance of our communication following the posting of changes
to these terms will mean that you accept these changes and agree to continue
receiving communication from us. If you do not agree to the terms of this
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 © 2007 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
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.
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