Terms and Conditions
OC|RealtorDIRECT TERMS AND CONDITIONS
Effective: June 11, 2019
These Terms and Conditions (“Agreement”) constitute a legal agreement between you on one hand, and OC|RealtorDirect and its affiliates Black Ink Mortgage and GOTOHOME Mortgages on the other (collectively “we” “our” and “us”).
IMPORTANT: PLEASE SEE OUR ARBITRATION AGREEMENT BELOW WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
By accessing or using the www.ocrealtordirect.com and www.gotohome.com websites (“Sites”) in any way, accessing or using any information or services available via the Sites (the “Services”), or clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:
- You have read, understand, and agree to be bound by this Agreement;
- You agree to any future amendments and additions to this Agreement as published from time to time at this link or through the Services;
- You are over 16;
- You have the authority to enter into the Agreement personally;
- Your participation is for your sole, personal use; and
- You agree to comply with all applicable laws, including those of the country, state and city in which you are present while using the Services.
Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Sites or the Services.
- Arbitration Agreement
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
All disputes and claims of any type or description arising out of or related to this Agreement, including but not limited to tort claims or claims for breach of contract, shall be submitted to and determined by final and binding arbitration. Either party may initiate arbitration proceedings upon notice to the other party and to the American Arbitration Association (“AAA”). Such proceedings shall be conducted by three arbitrators under the Commercial Arbitration Rules of the AAA or such other rules adopted by the AAA. The notice of arbitration must specify all alleged disputes or claims. The arbitration shall be conducted by the AAA in the State of California, in Orange County. The three arbitrators shall be chosen from a list of arbitrators that the AAA proposes to the parties or according to any other procedures that are adopted by the AAA or other arbitrators acceptable to the parties. If the parties do not agree to any arbitrators within 15 days after the receipt of each party of the list of arbitrators submitted by AAA, then at the request of any party to the arbitration proceeding, the AAA shall select such arbitrators at its discretion. Judgment on the award of the arbitrators may be entered in any court of competent jurisdiction.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
THIS PROVISION IS A WAIVER OF YOUR RIGHT TO HAVE DISPUTES OR CLAIMS ARISING OUT OF THIS AGREEMENT TO BE RESOLVED IN THE COURTS, INCLUDING THE RIGHT TO A PUBLIC HEARING, TRIAL BY JURY, THE RIGHT TO CONDUCT DISCOVERY, AND THE RIGHT TO APPEAL ANY JUDGMENT, AS WELL AS ANY BENEFITS THAT COULD FLOW FROM THE ABOVE RELINQUISHED RIGHTS. IF YOU HAVE ANY QUESTIONS OR RESERVATIONS ABOUT THIS ARBITRATION PROVISION, YOU SHOULD DISCUSS IT FULLY WITH AN ATTORNEY BEFORE ACCEPTING THE TERMS OF THIS AGREEMENT.
Waiver of Class or Consolidated Actions. YOU AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor we are entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in court.
Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor we can force the other to arbitrate as a result of this Agreement. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: Broker@gotohome.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
2. Restrictions on Your Use of the Sites and Services
By using the Sites or Services, you agree that:
- You will only use the Sites or Services for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
- You will not use the Sites or Services to cause nuisance, annoyance or inconvenience.
- You will not use the Sites or Services, or any content accessible through the Sites or Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Providers.
- You will not copy or distribute any content displayed through the Services.
- You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.
- The information you provide to us or otherwise communicate with us is accurate.
- You will not use the Sites or Services in any way that could damage, disable, overburden or impair our servers or the networks connected to our servers.
- You will not attempt to gain unauthorized access to any part of the Sites and/or to any service, account, resource, computer system and/or network connected to our servers.
- You will not deep-link to the Sites or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Sites or any content on the Sites.
- You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Sites or Services.
3. User Submissions and Content
We may provide you with interactive opportunities through the Services. You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with our business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you, except as otherwise required by law.
Reviews. To the extent that you are asked to rate and post reviews of Providers (collectively “Reviews”), such Reviews are considered User Content and are governed by this Agreement. Reviews are not endorsed by us and do not represent the views of us or our affiliates. We do not assume liability for Reviews or for any claims for economic loss resulting from such Reviews.
- No Recommendations
We provide marketing services to independent real estate agents (“Realtors”). We do not offer advice regarding the quality or suitability of any particular Realtor. The Realtor information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Realtor. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Realtor. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship or affiliation with the linked site or phone number.
- Intellectual Property Ownership
We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Sites and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Sites or the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Sites or the Services belong to us or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites or the Services.
If you submit a contact form or otherwise indicate your interest in contacting a Realtor, you may receive telemarketing calls or emails from the Realtor using the contact information you provided. Realtors may keep your contact information and any other information received by the Realtors in processing a contact or other request form. We are not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these Realtors.
- Third-Party Interactions
The Sites or Services may contain links to third-party websites and advertisements (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website or Advertisement, we will not warn you that you have left our Website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under our control. We are not responsible for any Third-Party Websites or any Third-Party Advertisements. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree to indemnify and hold harmless OC|RealtorDIRECT and our officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Sites or Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Sites or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Sites or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Sites or Services.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SITES OR SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SITES AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SITES OR SERVICES, OR THE SERVICES, TEXT, GRAPHICS OR LINKS.
WE DO NOT WARRANT THAT THE SITES OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITES OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
- Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITES, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. WE ACKNOWLEDGE THAT THE SITES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SITES) ARE PROVIDED “AS IS” AND THAT WE MAKE NO WARRANTY THAT THE SITES WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED.
- Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, you agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in Orange County, California, or in federal court for the Santa Ana division of the Central District of California.
At its sole discretion, we may modify or discontinue the Sites or Service, or may modify, suspend or terminate your access to the Sites or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Sites or the Service, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Sites or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
- Choice of Law.
This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- Electronic Communications.
For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
- Entire Agreement.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
- Contact Information
17011 Beach Blvd Suite 900
Huntington Beach, CA 92647