Full Service Realtors for Home Sale, Home Purchase and First Time Home Buyers
Full Service Realtors for Home Sale, Home Purchase and First Time Home Buyers
This Agreement is a legal contract between you (an individual) and OWNiT Realty, LLC that applies to your access and use of the OWNiT Realty, LLC website (Also referred to as “site”). BY USING THE SITE, YOU INDICATE THAT YOU HAVE AGREED TO THE TERMS OF THIS AGREEMENT AND HAVE ACCESS TO THE INTERNET AND ABLE TO PRINT OR OTHERWISE MAKE COPIES OF THIS AT YOUR DISCRETION. FEEL FREE TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The terms “we,” “our,” “us,” and “OWNiT” refer to OWNiT Realty LLC, the entity that runs and maintains the site. The terms “you” and “your” refer to the individual accessing this website via the internet.
Our Commitment to Privacy
OWNiT Realty is committed to protecting the personal information and privacy of all users who access this site. The following policy will serve as our disclosure regarding how we will use and protect your personal information. We are required (by law) to notify you in the event of a breach of security as required by applicable law.
Your User Information
You can submit your contact information and/or register for a site account by submitting your contact information on the site. To request additional information you can add personal information into your account, i.e. email addresses & telephone numbers (referred to as your “Personal Information“), but it is NOT a requirement to use or visit the site. By entering your “Personal Information” onto the site you promise that this is YOUR information, is correct and only applies to you. Remember to close your browser completely when you are sharing a computer with someone else or using a computer in a library or other public place.
The Personal Information We Collect
We occasionally use your “Personal Information” to improve our website for the use of our visitors. We may use general information such as email addresses, phone numbers, full name and/or address if provided. We may provide this information to third parties but will NEVER do so without your implicit and expressed permission.
The Way We Use Personal Information That Could Identify You
With the exception of the aforementioned disclosures we do NOT share your “Personal Information”. We will however the information provided to contact you regarding services, new services, and your use of the site. If you no longer want to receive certain kinds of information you can choose to opt out or contact us at info@OWNiTRealtyAZ.com
The Way We Protect Your Personal Information
We will by all means reasonable and expected use all current and available methods to ensure the correct use of your “Personal Information”. Your “Personal Information” is stored on our site in an encrypted format to add an additional layer of security for our users and site visitors.
THAT BEING SAID, NO PERSONAL INFORMATION SENT OVER THE INTERNET OR ANY WIRELESS NETWORK IS TO BE CONSIDERED 100% SAFE. SO WHILE WE WILL TRY TO PROTECT YOUR PERSONAL INFORMATION WE CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION YOU SEND TO US, AND YOU DO SO AT YOUR OWN RISK.
What Happens If There Is a Security Breach of Your Personal Information
If we discover that there has been a breach of your Personal Information was shared because of a security problem, we will notify you as soon as is reasonable under the applicable state and federal laws, so long as the notification does not interfere with a criminal investigation.
We Give You No Guaranty
THE INFORMATION AVAILABLE ON THE SITE IS PROVIDED FOR INFORMATION ONLY. THERE IS NO WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
WE ASSUME NO RESPONSIBILITY FOR YOUR USE OF THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING INTEGRATION WITH YOUR SYSTEM, USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO REPRESENTATION OR PROMISE NOT CONTAINED IN THIS AGREEMENT – INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, OR THE RESULTS OF DEMOSTRATIONS – WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WILL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OWNiT Realty, WHATSOEVER.
WE MAKE NO GUARANTEES THAT THE SITE OR CONTENT WILL HELP YOU ACHIEVE THE RESULTS YOU WANT.
WE ARE NOT RESPONSIBLE FOR DAMAGES TO YOU FOR ANY REASON. THIS SECTION APPLIES TO YOU ONLY IF IT IS LAWFUL IN YOUR JURISDICTION.
You Will Reimburse Us in Certain Instances
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS OWNiT Realty, ITS OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITIES, LOSSES, DAMAGES, INJURIES OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THIRD PARTY CLAIMS RELATING TO (I) YOUR USE OF THE SITE OR EGROUPS; (II) YOUR SUBMISSIONS; (III) THE SALE OR USE OF ANY INFORMATION COLLECTED BY YOU REGARDING INDIVIDUALS, INCLUDING WITHOUT LIMITATION ANY PERSONAL INFORMATION OF POTENTIAL SELLERS, BUYERS, LESSORS OR LESSEES OF REAL ESTATE; (VI) ANY COMMUNICATIONS OR CONTRACTS WITH OR BETWEEN YOU AND ANY THIRD PARTY; OR (VII) YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. YOU WILL NOT SETTLE OR COMPROMISE ANY CLAIM TO THE EXTENT THAT SUCH SETTLEMENT OR COMPROMISE MAY RESULT IN EXPENSES OR REDUCED RIGHTS FOR US, WITHOUT OUR PRIOR WRITTEN CONSENT.
Communications Between You and Us
You can contact us through this site, via telephone or send us an e-mail. Unless you tell us otherwise, you agree to receive all communications from us by e-mail or by phone call. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing.
You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent by us electronically. If you choose to paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, please send us a written request to: info@OWNiTRealtyaz.com
How We Handle Electronic Records
In general, we will keep all personal information collected through the site for – at a minimum – the length of time required by law. However, we will remove any personal information that could be used to identify you when you when you ask, or as otherwise required by law. We keep backup files as a protection against natural disasters, equipment failures, or other disruptions. Backup files protect you and us because they lower the risk of losing valuable information. Removing a record from our main files does not remove that record from any backup systems. It may take some time before all information in a backup record is completely erased. In the meantime, as long as backup records exist, they receive the same privacy and security protections as our other records.
If we give you a paper copy of an electronic record, the paper copy will be the controlling copy. Otherwise, you agree that the electronic record in our system will be the controlling copy.
Applicable Law and Dispute Resolution
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, EXCLUDING ITS LAWS REGARDING CONFLICTS OF LAWS. NEITHER OF US MAY BRING PROCEEDINGS MORE THAN EIGHTEEN (18) MONTHS AFTER THE ACTUAL EVENT OCCURRED, EXCEPT FOR PROCEEDINGS FOR NON-PAYMENT. ANY CONTRACT DISPUTE OR CLAIM ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT SHALL BE FINALLY SETTLED BY BINDING ARBITRATION IN SCOTTSDALE, ARIZONA IN ACCORDANCE WITH THE THEN CURRENT RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION BY ONE (1) ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. Notwithstanding the foregoing, nothing herein shall preclude either party from seeking injunctive relief in any state or federal court of competent jurisdiction without first complying with the arbitration provisions of this Section.
If any part of this Agreement becomes illegal or unenforceable, that part will be deemed deleted from this Agreement, and the remainder of this Agreement will continue in full force and effect, in a manner that gives effect to the original intent between you and us.
Our Contact Information
Changes to Our Agreement
We will tell you of any changes to this Agreement at least two (2) weeks before the changes take effect.
IF YOU CONTINUE TO USE THE SITE AFTER CHANGES TO THE AGREEMENT, YOU HAVE AGREED TO THE CHANGES.