NEITHER Best Choice Realty, LLC (herein after referred to as “The Organization”), OR PureDMS INC, DBA PURE REAL ESTATE DIRECTORIES (herein after referred to as “PRED”) ENDORSE ANY OF THE VENDORS OR SERVICE PROVIDERS (herein after referred to as “VSP”), CONTAINED WITHIN THIS DIRECTORY IN WHOLE OR IN PART. WE STRONGLY RECOMMEND YOU ASK FOR A VALID BUSINESS LICENSE, INSURANCE, AND BOND, PRIOR TO ANY SERVICES BEING PERFORMED, AND ENCOURAGE ALL CONSUMERS TO RESEARCH POTENTIAL VENDORS AND SERVICE PROVIDERS PRIOR TO CONTRACTING./span>
Your Electronic Acceptance is contractually binding and your indication of your assent to the terms, whether express (i.e., clicking the “AGREE AND ENTER” button) or implicit (i.e., the use of any Product or Service) constitutes your agreement to these Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these Terms.
By accessing or using any part of the services, you agree that you have read, understood and agreed to be bound by the term of service, which contains waiver of rights and liability limitations. If you do not agree to be so bound, you may not access or use any service. Unless otherwise expressly stated, Pure Real Estate Directories disclaims any and all warranties whether provided by PRED, The Organization its affiliates, or its respective employees and agents.
By the use of this website it is acknowledged that PRED provides a public online marketplace directory of VSP. A user is defined as any person or party entering a Pure Real Estate Directory (hereinafter referred to as “USER”). The Services may provide paid listings, advertisements or other sponsored information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
The USER, PRED, and The Organization are independent of one another, and no agency, partnership, joint venture, employee-employer relationship is intended or created by agreement to these terms and conditions. It is further acknowledged that PRED may share some of the revenue generated by this directory with The Organization.
It is understood that while the Directory prepared by PRED acts as a mere passive conduit between the user and the VSP included in the directory, PRED in no way endorse the solutions VSP in the directory are offering and in no way is responsible or liable for the accuracy of the content of any VSP representations contained within the directory including data, advertising, products, goods or services. Under no circumstances does PRED endorse and/or have any other connection with the VSP that advertise with PRED.
It is further acknowledged that PRED has no duty or obligation to investigate the accuracy of VSP representations contained in the directory or the quality of the work the VSP is capable of performing.
PRED shall not be liable or responsible for any errors or omissions submitted by the VSP and contained within this directory. While PRED has been assured that all information submitted by its VSP and included in its directory is true, complete and accurate in all respects, and while PRED does its best to ensure the vendor’s qualifications included in its directory are correct, PRED cannot guarantee the ongoing accuracy of VSP profiles. It is recommended that those using this organization’s directory conduct their own independent research to determine a VSP’s abilities and qualifications before hiring, purchasing, or doing business with the VSP.
PRED has further been assured by those VSPs included in this organization’s directory that they have the right to include said data and information in the directory. It is further understood that by using the services of a VSP appearing in this organization’s directory that PRED in no way guarantees the success of any VSP’s services, the outcome of a particular job, or the quality of the workmanship. Each VSP contained in the directory has agreed with PRED that any business generated between the VSP and USER using PRED directory is exclusively between the VSP and its customer. A customer is defined as a USER who hires a VSP from this directory to perform services. There shall be no liability for the mere access to a VSP through the use of the directory prepared by PRED.
Furthermore, PRED shall bear no liability for any VSP’s negligence or gross negligence in the provision of the services for which it was hired. Those using the directory hereby agree to release PRED from any liability associated with respect to any services or representations provided by a VSP and they have agreed to indemnify and hold PRED from and against any suits, actions, liabilities, damages, awards, claims and/or demands brought by a VSP’s customer. Also, it is understood that by using this directory and by hiring a VSP contained within the directory, the USER is entering this agreement at its own risk with no liability to The Organization, or to PRED. “The Organization” is hereby defined as any entity that a PRED website is accessed through.
PRED may, in its sole discretion, conduct a criminal background check on any VSP. By having background checks conducted, PRED in no way waives any disclaimer or limitation of liability, including without limitation, warranty disclaimers, or limitations of liability as set forth in this agreement.
PRED acknowledges and understands that USERS who have been served by VSP’s through the use of this directory may on occasion be dissatisfied with the results of the work performed and therefore could subscribe to a service that provides reviews and/or ratings on VSP companies. Under no circumstances shall PRED be liable in any way for a User, or third party’s dissatisfaction with the work performed by any VSP through the use of this directory.
Users additionally agree to the following:
1. Your reviews and ratings must be based upon your current and actual first-hand experience with the VSP found on the PRED directory
2. Your reviews and ratings of the VSP that you are rating are not fake, or defamatory;
3. Your reviews must be in the English language;
4. You agree that you do not work for the VSP or are the owner of the VSP or are related to the VSP.
You alone are responsible for your reviews, and once published, it cannot be withdrawn. PRED may redact, delete, or reject your reviews if they do not conform with the terms and conditions of this agreement. You assume all risks associated with your reviews, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your review that makes you personally identifiable. You represent that you own or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your review is in any way sponsored or endorsed by PRED or its affiliates.
Furthermore, it is expressly understood that if a User is dissatisfied with the results of work or services provided by a VSP contained in the directory and seeks to convey that dissatisfaction via the internet or public service company, you may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, defamatory; violates any third-party right, violates any law, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
PRED reserves the right, but not the obligation, to refuse to post or remove any USER Generated Content in our sole and absolute discretion.
CONFLICT RESOLUTION PROCESS
If you have any dispute with PRED, or any VSP, or third party, arising out of, relating to, or connected with the PRED Services or VSP Services, you agree to contact PRED; provide a brief written description of the dispute and your contact information.
In the case of complaints that involve health care providers, we may ask you to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the VSP to discuss the issue with us.
You agree that, by contacting PRED with a dispute and if PRED attempts to resolve informally, PRED does not waive any of its disclaimers or limitations of liability, including without limitation Warranty Disclaimers, as set forth in this agreement.
PRED does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials. If you submit or generate content, you must comply with the terms and conditions of this agreement. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the VSP Services, you grant PRED (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
PUBLICATION OF CONTENT
PRED may provide access to third party content, such as user-generated reviews, other content submitted by users of the VSP Services, and links to third-party websites. PRED does not undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other USERS) in connection with the Services; undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. PRED is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third-party websites will be subject to those terms to which you and the third party agree. PRED will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that PRED is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
PRED is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance of VSP or third-party content or services. Your dealings with, or participation in promotions of any VSP, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such VSP exclusively and do not involve PRED, THE ORGANIZATION, ITS REPRESENTATIVES, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging a VSP.
You agree that PRED is not responsible for the accessibility or unavailability of a VSP or for your interactions and dealings with the VSPs, and you waive the right to bring or assert any claim against PRED,THE ORGANIZATION, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS relating to any interactions or dealings with any VSP, and release from any and all liability for or relating to any interactions or dealings with the VSP.
HEALTH CARE PROVIDERS
The PRED Directory may contain VSP’s who are Health Care Service Providers. PRED does not recommend or endorse any Health Care Provider VSP contained in this directory. PRED is not a health care provider and cannot recommend or refer you to any health care provider. You agree that your reliance on any information provided in the PRED directory, is solely at your own risk. If you believe you have a medical emergency, you must call your physician or dial 911 immediately.
TERM AND TERMINATION
You may stop using the PRED Services at any time. PRED may terminate your access to the Services in whole or in part if it reasonably believes you have breached these terms and conditions of this agreement, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. You agree that PRED will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the PRED Services.
MODIFICATION OF TERMS AND CONDITIONS
PRED may periodically modify and supplement these terms and conditions, with or without notice to you. You are responsible for regularly checking these terms and conditions for revisions and can be found on the PRED website www.purerealestatedirectories.com. Your continued use of PRED services after such modifications will be deemed to be your definite acceptance of all modifications to this Agreement.
If you submit ideas, suggestions or anything else about the PRED services (such as ways to improve the PRED services) to PRED, you agree that PRED can use or publish that feedback for any reason, without payment or other compensation to you, forever and to the public at large. You agree not to submit any feedback to PRED in which you do not wish to grant such rights.
California Civil Code Section 1789.3
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by PRED., www.purecommuityservices. Should California residents have a complaint, you may also contact the California Department of Consumer Affairs located at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Using PRED Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the PRED Services, all of which is owned by PRED, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in these terms and conditions, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or PRED.
PRED provides the services on an “as is” and “as available” basis. PRED does not represent or warrant that the services, their use, any information provided in connection with the services: (i) will be uninterrupted or secure, (ii) will be free of defects, delays, inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with hardware or software you use. PRED makes no warranties other than those made expressly in these terms of service, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. PRED makes no representation or warranty with respect to any third-party materials, information, goods, or VSP services, whether received or accessed via any links provided by or in connection with the services or otherwise. PRED makes no representation or warranty with respect to any goods or services which may be purchased or obtained from PRED or any third party as a result of using the services.
LIMITATION OF LIABILITY
PUREDMS PRED will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to damage to property, bodily harm, lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the services, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring, including without limitation, the cost of any goods or services which may be purchased or obtained as a result of using the VSP services. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
Certain state laws do not allow a limitation on implied warranties or the exclusion or limitation of certain damages. As such, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. Unless limited or modified by applicable law, the foregoing disclaimers, exclusions and limitations apply, even if any remedy fails of its essential purpose.
SEVERABILITY IN EVENT OR PARTIAL INVALIDITY
If any provision of this Agreement is held in whole or in part to be unenforceable for any person, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
BREACH OF AGREEMENT AND LIQUIDATED DAMAGES
The USER expressly understands and agrees that PRED, The Organization, management companies, its affiliates, owners, managers, officers, employees, agents, representatives or the likes thereof will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages resulting from: ANY breach of this agreement by PRED; the use or inability to use PRED services; Any matters relating to PRED services, any cost of goods and/or services purchased or obtained as a result of the use of PRED services; ANY disclosure of, unauthorized access to or alteration of your information or vendor content provided to PRED; ANY vendor content conveyed through the services; ANY statements or conduct of any consumer or other third party; or the failure of PRED to provide the services under this agreement; any consumer content posted; ANY other dealings or interactions PRED has with any VSP (or any of their representatives or agents). Violations of these limitations will apply to the greatest extent as permitted by law. The limitation of liability shall apply to the present jurisdiction to which the contract is executed. In certain jurisdiction, however, the foregoing limitations may not apply.
The user expressly acknowledges and agrees that any damages resulting from user’s breach of this Agreement may be difficult to estimate or evaluate, and should it become necessary for PRED to engage in legal action to enforce the Terms and Conditions of this Agreement, the user shall be liable to pay PRED liquidated damages as determined by a court.
The User agrees that PRED shall be entitled to payment from the user for any and all costs which are out-of-pocket, including, but not limited to, attorneys’ fees, incurred by PRED in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
PRED will not be liable for failing to perform under these terms of service because of any event beyond its reasonable control.
This terms of service and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the State of California without regard to any provision governing conflicts of law, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Riverside County, California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that PRED may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
PRED at its own discretion, may sell or purchase another other company at any point in time or PRED may be acquired or have substantially all of its assets acquired by a third party. In such transactions, the user information will be one of the transferred business assets. You hereby consent to the transfer of your user information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
PRED will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages resulting from the dissatisfaction of a community member, served by a vendor contained in the directory. A community member, or third party, using the directory agrees to indemnify and hold harmless PRED from any and all liability for any damages that may arise, directly or indirectly, from any claim or right a customer may have against PRED with respect services rendered by a vendor. In addition, it is expressly agreed by this vendor that any disputes regarding statements made by a community member that are critical of the work performed and which are communicated, posted or published on any website or to a third party, are strictly between this vendor and his or her customer. All information, services, products, or other material on this website and contained in the directory are provided “as is” without warranty of any kind. In no event shall PRED, its affiliates, suppliers, and/or its agents be liable for any damages arising out of or in any way related to the use of this website or the directory whether based on contract, tort, strict liability or otherwise.
These Electronic Terms supersede all prior and contemporaneous agreements and understandings between you and PRED relating to the Products or Services.
BY USING THIS WEBSITE OR MOBILE APPLICATION AND ACCEPTING THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES PROVIDED HEREIN.