Welcome to BayAreaHousing.com. This Website
is offered to you, the “User”, conditioned on your acceptance
without modification of the terms, conditions and notices contained
herein. By accessing, browsing, and using this Site, you acknowledge
that you have read, understood and agree to comply with the terms
and conditions stated here. If you do not agree to be bound by the
terms and conditions of this Agreement, do not use or access our
services. These Terms of Use are subject to change at any time,
without prior notice.
What is Bay Area Housing?
Bay Area Housing is a full service brokerage built on strong core
values of honesty and integrity towards our customers. We provide
a "one-stop" destination service solution which makes
the whole process of buying or selling a home more enjoyable and
affordable. We emphasized professionalism and work hard to go
beyond our customer expectations with our knowledge and personal
attention from our friendly sales associates that ensure your
problems will be resolved and your dreams realized.
Privacy
We do not sell or rent your personal information to third parties
for their marketing purposes without your explicit consent and
we only use your information as described in the Privacy Policy.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of BayAreaHousing.com or its content
suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive
property of BayAreaHousing.com and protected by U.S. and international
copyright laws. All software used on this site is the property
of BayAreaHousing.com or its software suppliers and protected by
United States and international copyright laws.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Intellectual Property is provided solely for your personal,
non-commercial use. You agree to abide by all additional copyright
notices, information, or restrictions contained in any material
or content on the Site. You may not copy, reproduce, republish,
upload, post, transmit, distribute, and/or exploit any Intellectual
Property in any way (including by e-mail or other electronic means)
from this Website without BayAreaHousing.com’s express prior
written consent. Modification of any Intellectual Property or
use of any Intellectual Property for any other purpose is a violation
of the copyrights, trademark rights, and other proprietary rights.
The use of any Intellectual Property on any other site or networked
computer environment, or maintaining unauthorized links to the
Site, is prohibited by these Terms.
No Warranties
WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR OUR SUPPLIERS, PARTICIPATING
LENDERS, AND REAL ESTATE PROFESSIONALS PROVIDE OUR WEB SITE AND
SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. Bay Area Housing ’S SERVICES
IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND/OR
OUR SUPPLIERS, PARTICIPATING LENDERS, AND REAL ESTATE PROFESSIONALS
SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO: (1) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (2) ANY
WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING
THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS
PROVIDED BY THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, TIMELINESS, OR OTHERWISE BY THE USE OF THIS WEBSITE
WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF Bay Area Housing AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS,
AND REAL ESTATE PROFESSIONALS HAD BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION
WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. Some states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal
rights that vary from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BayAreaHousing.com, INCLUDING ITS RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AND/OR OUR SUPPLIERS, PARTICIPATING LENDERS,
AND REAL ESTATE PROFESSIONALS, BE LIABLE FOR ANY INJURY, DEATH,
LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE
OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR
WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN
IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Parties
This Web site may contain links to Web sites maintained by third
parties. Please be aware that these links are provided for your
convenience and reference only. BayAreaHousing.com does not operate
or control in any respect any information, software, product or
services available on such Web sites. BayAreaHousing.com’s
inclusion of a link to a Web site does not in any way imply an
endorsement of the services or the site, its contents, or its
sponsoring organization.
Indemnity
You agree to indemnify and hold us and (as applicable) our officers,
directors, agents, and employees and/or our suppliers, participating
lenders, and real estate professionals, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of this Agreement or
the documents it incorporates by reference, or your violation
of any law or the rights of a third party.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use
of BayAreaHousing.com's services, to the goods or services provided
by BayAreaHousing.com, or to any acts or omissions for which you
may contend BayAreaHousing.com is liable, including but not limited
to any claim or controversy as to arbitrability ("Dispute"),
shall be finally, and exclusively, settled by arbitration venue
in San Mateo 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 BayAreaHousing.com. In any arbitration,
BayAreaHousing.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 there for. Any judgment
upon the award rendered by the arbitrators may be entered in any
court of competent jurisdiction in Contra Costa county, 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 an arbitration
under this agreement with an arbitration of disputes or claims
of any non-party, regardless of the nature of the issues or disputes
involved.
TERMINATION
We reserve the right, in our sole discretion, and without liability,
to terminate your access to all or part of the Site, with or without
notice, for any reason or no reason.
GENERAL
This agreement is governed by the laws of the State of California,
USA. You hereby consent to the exclusive jurisdiction and venue
of courts in San Mateo County, California, USA in all disputes
arising out of or relating to the use of this Website. Use of
this Website is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between
you and BayAreaHousing.com as a result of this agreement or use
of this Website. BayAreaHousing.com's performance of this agreement
is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of BayAreaHousing.com's right
to comply with law enforcement requests or requirements relating
to your use of this Website or information provided to or gathered
by BayAreaHousing.com with respect to such use. 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 this agreement
shall continue in effect. This agreement constitutes the entire
agreement between the user and BayAreaHousing.com with respect
to this Website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and BayAreaHousing.com with respect to this Web
site. 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.
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