Terms

Terms Of Use

TERMS OF USE FOR PROPERTY BUYERS & INVESTORS

PreConInvestor.com's offers services to you, the "User", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with PreConInvestor.com and/or use of PreConInvestor.com's services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice.

PreConInvestor.com allows Users to search the site database for properties they hope to buy, and then be referred to the real estate professionals (REPs) who listed them. Users agree to supply PreConInvestor.com with information about themselves when they select one or more property. Users will receive the contact information of the RPEs. RPEs may also receive the User contact information when the User opts to allow this. PreConInvestor.com will use this information to track the progress and verify any and all purchases made by the User as a result of being referred by PreConInvestor.com. As PreConInvestor.com uses email, on an almost exclusive basis, to provide PreConInvestor.com services, all PreConInvestor.com users must consent to receive Email from PreConInvestor.com to register for PreConInvestor.com services. PreConInvestor.com users will also be required to consent to receive emails from third party(ies) if the PreConInvestor.com service requested requires services from a third party(ies)(for example, a lender).

To assure the value of PreConInvestor.com's services, you agree that all of the information you have provided to PreConInvestor.com, whether on line or otherwise, is accurate and complete. PreConInvestor.com reserves its right to terminate or suspend access to any user information that is alleged to be inaccurate or misleading. If required by the terms of the PreConInvestor.com service requested by User, you authorize PreConInvestor.com to forward your information to its network of real estate professionals according to the terms of the PreConInvestor.com service that you use.

PreConInvestor.com may refer real estate professionals to Users, but PreConInvestor.com does not engage in real estate broker services. Real Estate brokerage activities are performed by local Real Estate Professionals that have been referred to you by PreConInvestor.com, or vice versa. The terms of any agreement between a real estate professional and PreConInvestor.com are not endorsed, recommended or otherwise known to or by PreConInvestor.com.

For its services PreConInvestor.com may receive payment including, but not limited to a referral fee that may be a percentage of the commission received by the real estate professionals involved in the real estate transaction. PreConInvestor.com's payment is due an agreement between PreConInvestor.com and the real estate professional involved. Your registration with PreConInvestor.com and use of PreConInvestor.com services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

PreConInvestor.com Services

National Listing Service (NLS)™

The NLS™ service is a free service that provides potential preconstruction buyers/investors with web access to property and projects listings. To view PreConInvestor.com's listings, users search the NLS database and select results of interest, each of which then provides the User with PRE contact information. Users may also opt to be contacted by the agent. To use this service, User must consent to receive emails from PreConInvestor.com and from real estate professionals referred to User by PreConInvestor.com.

Modification Of PreConInvestor.com Services

PreConInvestor.com reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. PreConInvestor.com shall not be liable to any User or any third party should PreConInvestor.com exercise its right to modify or discontinue service.

Obligations of Home Buyer/Sellers Registered with PreConInvestor.com

By completing your registration with PreConInvestor.com.com as a potential property Buyer, you agree that:

a. You are of legal age and are otherwise capable of forming a legally binding contract;
b. You are interested in purchasing property;
c. You are interested in purchasing property located in the USA;
d. You do not have an exclusive contractual or other arrangement with any Real Estate Professional;
e. You agree to be contacted via Email or other means by PreConInvestor.com, and third parties if relevant, regarding PreConInvestor.com services;
f. PreConInvestor.com may request, receive, copy and review your real property transaction and/or settlement documents;
g. You represent that you are not licensed as a real estate agent or broker;
h. You acknowledge that PreConInvestor.com recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify Real Estate Professional license status and background as PreConInvestor.com.com, Inc makes no such representations and or warranties about any real estate professional that may use the PreConInvestor.com service.
i. As a property Buyer, you are not bound to contract with any of the REPs provided to you. Referrals are not binding contracts and are not intended to create a contractual or agency relationship between you and the real estate professional.

TERMINATION

PreConInvestor.com reserves the right to cancel the membership of any User in any PreConInvestor.com Service at any time for any reason, including a User's breach of these Terms of Use, or the terms and conditions of any service for which the User may have registered.

DISCLAIMERS AND LIMITATIONS

PreConInvestor.com intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, PreConInvestor.com may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." PRECONINVESTOR.COM AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE 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, AND NONINFRINGEMENT. USE OF PRECONINVESTOR.COM'S SERVICES IS AT YOUR OWN RISK. PRECONINVESTOR.COM AND/OR ITS SUPPLIERS, 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 PRECONINVESTOR.COM'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRECONINVESTOR.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 Web site, you agree to indemnify PreConInvestor.com and its suppliers, distributors, participating Lenders, 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 PreConInvestor.com's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

ERRORS AND DELAYS

PreConInvestor.com is not responsible for any errors or delays in responding to a referral 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 PreConInvestor.com's services, to the goods or services provided by PreConInvestor.com, or to any acts or omissions for which you may contend PreConInvestor.com is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Contra Costa county, California. 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 PreConInvestor.com. In any arbitration, PreConInvestor.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 California . 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 joinder 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 PRECONINVESTOR.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.

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the State of California , excluding its conflict of laws principles. If any part of these Terms of User are 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.

TERMS OF USE FOR REAL ESTATE PROFESSIONALS FOR NATIONAL LISTING SERVICE (NLS)™

PreConInvestor.com's offers services to you, the "Real Estate Professional", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with PreConInvestor.com and/or use of PreConInvestor.com's services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice. Real Estate Professional shall obtain any required broker approval prior to participation in any PreConInvestor.com service, and Real Estate Professional expressly represents that all such permissions have been obtained.

Fees and Registration Requirements for Real Estate Professionals

PreConInvestor.com offers referrals targeted to Real Estate Professionals. To receive these referrals, Real Estate Professionals must accurately complete a registration to list property on the NLS and receive referrals, and agree to payment obligations for such service.

Payment of Charges

A. On Time Payment

A Real Estate Professional is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. PreConInvestor.com may terminate or disable Real Estate Professional’s account if Real Estate Professional fails to pay any amount due to PreConInvestor.com when due. If the credit card expires or otherwise declines payment, access to PreConInvestor.com can be modified or suspended. If payment is more than thirty (30) calendar days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount of the late payment, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Real Estate Professional shall pay all costs of collection, including legal fees, incurred by PreConInvestor.com. The Real Estate Professional is responsible for any premium Charges incurred in connection with the use of and/or by requesting or accessing PreConInvestor.com information, content, goods, product or services that are provided at an extra cost. Each time PreConInvestor.com services are used, the Real Estate Professional affirms that PreConInvestor.com is authorized to obtain payment from Real Estate Professional through the selected payment method. All fees are quoted and payable in United States dollars. The Real Estate Professional is also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to PreConInvestor.com including Charges incurred on your account by the Real Estate Professional, or anyone the Real Estate Professional allows to use the Real Estate Professional's account.

B. Payment Methods

Real Estate Professional’s complete broker/firm address and telephone number must be provided for verification and tracking of transactions. PreConInvestor.com personal checks, money orders, cashiers checks, and company checks. PreConInvestor.com may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

C. Account Discrepancies

A Real Estate Professional may always contact PreConInvestor.com customer relations by e-mail or telephone concerning referral fees. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the Real Estate Professional must write to the Customer Relations Department, PreConInvestor.com, 1250 45th Street - Suite 200, Emeryville, CA 94608 delivered by United States mail or by fax to 510-655-0848.

Obligations of Real Estate Professionals Registered with PreConInvestor.com

By completing your registration with PreConInvestor.com.com as a Real Estate Professional, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the PreConInvestor.com services;
b. All information you submit to PreConInvestor.com or pursuant to a PreConInvestor.com service is accurate and complete and that you will maintain and promptly update such Profile, or other Information supplied to PreConInvestor.com or to Users to ensure accuracy at all times;
c. You are an individual person (not a company or other association);
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested PreConInvestor.com service;
e. You agree to be contacted via Email by PreConInvestor.com, and third parties if relevant, regarding PreConInvestor.com's services;
f. You will not use or attempt to use any facility provided by PreConInvestor.com wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other Real Estate Agents;
h. You will not refer PreConInvestor.com supplied leads or referrals to any other person;
i. You will not take any action that may undermine the integrity of any PreConInvestor.com User system, including, without limitation: supplying inaccurate information to, or accessible by, any of the PreConInvestor.com services.
j. PreConInvestor.com reserves the right to terminate the participation of any Real Estate Professional who does not complete at least one transaction with a referred User and pay PreConInvestor.com the contracted referral fee within ____ days, or whose feedback rating falls below a minimum level set by PreConInvestor.com, at PreConInvestor.com's sole discretion;
k. You will not use any PreConInvestor.com User feedback rating system that may be available from time to time for any purpose other than to facilitate promotion of information among PreConInvestor.com Users;
l. You have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of your PreConInvestor.com Membership, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;
m. You hereby grant PreConInvestor.com permission to e-mail or display your Profile and such other information as may be supplied by you to PreConInvestor.com on or from PreConInvestor.com's website (www.PreConInvestor.com) and such other partner and affiliate websites as PreConInvestor.com shall deem advisable in its sole determination for marketing purposes;
n. You will utilize any PreConInvestor.com consumer feedback program(s) only in connection with Endorsement(s) that: (I) are Endorsements and as such are complete, accurate and verifiable, and do not misstate, misquote the endorser (including words taken from context) and have been posted with the endorser's full and unqualified permission, (ii) include the endorser's name and telephone number, (iii) do not name any other real estate professional or promote goods or services provided by someone other than the real estate professional posting an endorsement, and (iv) do not contain links to other web pages, pictures or JavaScript; and (v) will provide to PreConInvestor.com and PreConInvestor.com Users only Property Listings that are accurate and current, and comply with all professional, regulatory and contractual requirements, including such requirements relating to the promotion and advertising of those Property Listings; and (vi) will be responsible for setting your own fees and commissions in compliance with all applicable laws and regulations.

Modification Of PreConInvestor.com Services

PreConInvestor.com reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. PreConInvestor.com shall not be liable to any User or any third party should PreConInvestor.com exercise its right to modify or discontinue service.

TERMINATION

PreConInvestor.com may terminate this agreement at any time for any reason, including if the Real Estate Professional is in default of this agreement, if the Real Estate Professional; has not paid the referral fees due, if the Real Estate Professional is not meeting the minimum service standards, if the Real Estate Professional's real estate license is terminated or suspended, or if the Real Estate Professional does not honor PreConInvestor.com's Terms of Use. If the Real Estate Professional wishes to cancel all or part of their subscription, you may cancel at any time on thirty (30) days advance written notice. There are no refunds upon termination. E-mail written notice to agent@PreConInvestor.com or mail it to PreConInvestor.com, ATTN: Agent Memberships, 1250 45th Street, Suite 200 , Emeryville , CA 94608 , or by fax to 1-510-655-0848. User shall be responsible for ensuring delivery of the cancellation notice to PreConInvestor.com. All fees or charges due to PreConInvestor.com up to the point of termination or cancellation shall remain payable to PreConInvestor.com.

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