Terms of Use - eBoomer Realty

eBoomerRealty.com’s services offered to you, the “User,” conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of eBoomerRealty.com’s services constitutes your agreement to all such terms, conditions, and notices.

SECURITY POLICY

The privacy and security of your personal information is our first priority at eBoomerRealty.com®. We have taken extraordinary measures to make sure that the information you send to us is seen only by authorized people. When you send your personal information to us, it is protected by SSL (Secure Sockets Layer) Technology. SSL does not allow anyone to intercept and read your personal information. When you send your information to us, SSL encrypts it (translates the data into a string of gibberish characters). Only we can decode the encryption. All of the pages on our Web site that ask for your personal financial information are delivered to your browser through HTTPS, a secure mode of communication

REAL ESTATE SERVICES

All of the information you have provided in your rebate request form, or other registration form, is true and complete. You authorize eBoomerRealty.com to forward your information to the homebuilders for whom you registered and to our network of local real estate professionals. You understand that eBoomerRealty.com, the homebuilders for whom you registered, and our network of eBoomerRealty.com real estate professionals, may keep the information you entered on the form, whether or not you complete a real estate transaction through eBoomerRealty.com. You further understand and agree that by registering on the eBoomerRealty.com website or making a request on the eBoomerRealty.com site, you have established a business relationship with eBoomerRealty.com, and therefore you are extending an express invitation for eBoomerRealty.com, the homebuilders for whom you registered, and our network of eBoomerRealty.com real estate professionals, to contact you or your immediate family using methods including but not limited to email, US Mail, and by telephone using the information you have provided during registration, and that you hereby consent to allow such communications or telephone. eBoomerRealty.com is a licensed real estate broker. For its services on a completed transaction, eBoomerRealty.com receives a real estate brokerage referral fee from the homebuilder. Your use of this Website constitutes your agreement with this compensation arrangement. Cash or other incentives are only available to customers who use eBoomerRealty.com to buy their home. Customers must have been connected with the homebuilder through eBoomerRealty.com to be eligible for incentives. You must present your eBoomerRealty.com Cash Back Rebate to the builder on your FIRST visit to the builder to be eligible for incentives. If a rebate is not available for a particular builder, then (a) you must be registered by eBoomerRealty.com prior to your first visiting or contacting the builder to be eligible for incentives and (b) the builder must pay eBoomerRealty.com a commission in order for you to be eligible for incentives. Rebate offer not available in all states. Rebate is based on the base price of the home. Base price excludes options, upgrades and lot premiums. If the builder makes adjustments to the base price that have the effect of lowering the selling price of the home, and/or reducing the price upon which it pays its cooperating broker commission, the eBoomerRealty.com rebate amount will be based on the lower of the base price or the adjusted price. If the builder reduces its cooperating broker commission payment by deducting an administrative fee, the eBoomerRealty.com rebate amount will be reduced accordingly on a pro rata basis. eBoomerRealty.com reserves the right to pay rebate to Home Buyer in the form of paying closing costs on the HUD-1 Settlement Statement if so required by the lender or other party to the close or by applicable law, in the form of a discount on the purchase price if so required or transacted by the builder or other party to the close or by applicable law, or, at eBoomerRealty.com’s sole discretion, in any other form based on the needs or requirements specific to the transaction. Incentives are not available in all states. In addition, certain states (including but not limited to Tennessee) require that incentives be given as either a credit at closing or as a reduction of closing costs or to appear on the HUD-1 settlement statement. The 1% incentive amount is based on eBoomerRealty.com’s receipt of at least a 2.4% commission. If eBoomerRealty.com’s commission is less than 2.4%, the amount of the incentive will be reduced proportionately. In addition, certain states (including but not limited to North Carolina) require that we accompany you to the closing of the transaction. Incentives may not be permitted in connection with certain loan programs for the buyer/borrower. These include, but are not limited to, FHA and VA loans. Please consult your lender regarding whether or not you can collect the incentive in connection with your loan. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions apply.

CASH BACK REBATE

The eBoomerRealty.com Cash Back Rebate must be presented on your first visit to the builder’s sales office in order for you to receive a 1% Cash Back Rebate from eBoomerRealty.com. The Cash Back Rebate demonstrates to the builder that you learned about their homes from eBoomerRealty.com and are therefore eligible to earn a 1% Cash Back Rebate from eBoomerRealty.com. Offer is not valid if potential buyer is accompanied by a third party real estate agent during registration or contracting, or if potential buyer has registered with a third party real estate agent at the community previously. The builder representative must sign and date your rebate. Unless otherwise noted on the website or rebate, your eBoomerRealty.com Cash Back Rebate will equal one percent of the base price of your home and will be paid after closing. The base price does not include options, upgrade or lot premiums.

NATURE OF USE

The contents of the eBoomerRealty.com Website are intended for the personal, non-commercial use of its users. All materials provided on the eBoomerRealty.com Website are owned or controlled by eBoomerRealty.com or the party credited as the provider of the content, software or other materials. Users shall abide by all additional copyright notices, information or restrictions contained in any other content accessed through the eBoomerRealty.com Website. User may not store any significant portion of any content owned by or licensed to eBoomerRealty.com in any form. Copying or storing of any content other than for personal, non-commercial use is expressly prohibited.

DISCLAIMERS AND LIMITATIONS

eBoomerRealty.com intends that the information contained in its Website be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by eBoomerRealty.com at any time. THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” eBOOMERREALTY.COM AND/OR ITS SUPPLIERS, PARTICIPATING BUILDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF eBOOMERREALTY.COM’S SERVICES IS AT YOUR OWN RISK. eBOOMERREALTY.COM AND/OR ITS SUPPLIERS, PARTICIPATING BUILDERS, 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 eBOOMERREALTY.COM’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF eBOOMERREALTY.COM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

As a condition of use of this Website, you agree to indemnify eBoomerRealty.com and its suppliers, participating Builders, or 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 eBoomerRealty.com’s services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement. eBoomerRealty.com shall not be liable for, and the user hereby waives, any claims user may have against eBoomerRealty.com in any way relating to the property identified, listed or described in the eBoomerRealty.com Website or the construction of any residence or other improvement constructed thereon by any of the homebuilders. User specifically acknowledges that its rights and remedies with respect to the property, the condition of any home built by any homebuilder or any other aspect of its potential purchase of property listed in the eBoomerRealty.com Website shall be against the homebuilders. eBoomerRealty.com shall not be liable for damage by reason of defects in materials or workmanship or for any other representations, warranties, statements or covenants of the homebuilder, whether express or implied (including, without limitation, any implied warranty of merchantability, habitability or fitness for a particular purpose) with respect to the information contained on the eBoomerRealty.com Website, the property listed or referenced thereon, or the construction of the home on such property.

LINKS TO THIRD PARTIES

eBoomerRealty.com’s Website may contain links to Websites maintained by third parties. Such links are provided for your convenience and reference only. eBoomerRealty.com does not operate or control in any respect any information, software, products or services available on such Websites. eBoomerRealty.com’s inclusion of a link to a Website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAY

eBoomerRealty.com is not responsible for any errors or delays in responding to a rebate request form or other registration form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of this Website, to the goods or services provided by eBoomerRealty.com, or to any acts or omissions for which you may contend eBoomerRealty.com is liable, including but not limited to any claim or controversy as to arbitrability (”Dispute”), shall be finally, and exclusively, settled by arbitration. 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 arbitration shall be venued in Phoenix, Arizona. 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 eBoomerRealty.com. In any arbitration, eBoomerRealty.com 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 Phoenix, Arizona. 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 joined or consolidation of 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 YOU AND eBOOMERREALTY.COM 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 eBoomerRealty.com’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 eBoomerRealty.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Phoenix, Arizona. 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.

OTHER TERMS

This Agreement constitutes the entire agreement between you and eBoomerRealty.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and eBoomerRealty.com with respect to the Website and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of Arizona. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.