Terms of use.
Important. Please read this agreement carefully before accessing or using Jen Wilson Home Team ("Company") website, located at nmhouse.com, or voice and mobile applications or before participating in any online features, services and/or programs offered by the Company related to lead generation, responding to inquiries and management as related to the real estate industry and related industries (collectively, the "Site"). Each time you access or use the Site, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to be bound by all of these Terms, you may not access or use the Site. In addition, certain areas of the Site may be subject to additional terms of use that will be made available for your review in conjunction with accessing such areas. By using such areas or any part thereof, you are expressly indicating that you have read and agree to be bound by the applicable additional terms of use. In the unlikely event that any of the additional terms of use governing such an area are in conflict with these Terms, the additional terms shall control.
User Obligations
You agree to abide by all applicable local, state, national and international laws and regulations pertaining to accessing and using the Site. You also acknowledge and agree that your use of the Internet to access the Site is solely at your own risk.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. As a user of the Site, it is your responsibility to regularly review these Terms of Use.
Communications
By creating an account for the purposes of using the Site ("Account"), you agree to subscribe to newsletters, marketing or promotional materials and other information the Company may send, including by e-mail, SMS, text messaging, automated voicemail drops and push notifications. However, you may opt out of receiving any, or all, of these communications from the Company, at any time and upon your preference. You may opt out of receiving e-mail communications by clicking on the unsubscribe link provided in any e-mail sent by the Company and then following the affiliated instructions provided. You may opt out of receiving SMS and text messaging by replying "STOP" to any text sent by the Company. You may opt out of receiving phone calls by communicating that preference with receiving a phone call from the Company. The Company will make commercially reasonable efforts to comply with any communications from you requesting an opt out of communications.
The Site and its Content
The Site is designed to provide you with access to residential real estate listings and real estate-related information.
We reserve the right to access and use the Site, and any content and information therein, to the extent necessary to run the Site and make it available to you and others, to protect the Site, and to evaluate and improve the Site. With respect to any content or information that you enter into Site, if any, we acknowledges that we do not own that content or information and do not have the right to access that content or information except as set forth herein, and we may not disclose content or information that you enter into the Site to third parties except as described in our Privacy Notice, required to comply with a government subpoena, other compulsory government request, or court order.
The layout, formatting, and features of and access privileges for the Site shall be as determined or specified by us in our sole discretion. We shall also have the sole right to modify, upgrade, and change the Site. We will not be liable if for any reason all or any part of the Site or its content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, in our sole discretion. We may terminate your access to and use of the Site, or any part of the Site, for any reason, with or without notice.
Disclaimer - Links to Third Party Sites
The Site contains links to third party websites ("Third Party Sites"). The Company may provide such links as a convenience. You understand and acknowledge that the Company does not control such a Linked Site or its contents.
These Terms of Use and Privacy Notice only apply when you are on the Site. Different terms, conditions, and privacy notices will apply when you access or use Third-Party Sites, so you should read the applicable terms of use and privacy notice before using Third-Party Sites or disclosing any personal information. When you access third-party resources on the internet, you do so at your own risk. Third-Party Sites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Site.
Availability, Errors and Inaccuracies
The Company is constantly updating product and service offerings on the Site, and sometimes there are delays between an update of information on the Site and a corresponding update to the Company's advertising. There is also potential for the information on the Site to contain errors or inaccuracies or be incomplete or outdated. The Company does not guarantee the accuracy or completeness of any information found on the Site and reserves the right to update information and correct errors, inaccuracies, or omissions at any time without prior notice.
Content
The Site allows you to post, link to, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Site, including its legality, reliability, and appropriateness.
The Company has the right, but not the obligation, to monitor and edit all Content provided by users. Please be aware that the Company can remove any material posted by a user that it finds, in its sole discretion, to be objectionable, with or without notice to said user. Any user failing to comply with these guidelines may be expelled from and refused continued access to forums maintained by the Company in the future. The Company expressly disclaims any and all responsibility and makes no representations as to the validity of any opinion, advice, information or statements made or displayed in forums by third parties, nor is the Company responsible for any errors or omissions in any such postings or for hyperlinks embedded in any message.
By posting Content on or through the Site, you represent and warrant that: (i) the Content is yours (you own it), and/or you have the right to use it and the right to grant the Company the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Site and are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Site. However, by posting Content using the Site, you grant the Company the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. In addition, Content found on or through this Site is the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, re-post, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the Company.
Intellectual Property
The Site and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Site and its original content may not be reproduced, transmitted or distributed without the prior written consent of the Company. The Company respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via e-mail to jenlilith@msn.com, with the subject line "Copyright Infringement" and include a description of the alleged Infringement as detailed below under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Seite on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
It is the policy of Jen Wilson Home Team to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing our DMCA Designated Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further information):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be sent to our DMCA Designated Agent either by email or regular mail, at the following addresses:
By email:
jenlilith@msn.com
By mail:
Jennifer Wilson
RE/MAX SELECT
3401 Central Ave NE
Albuquerque, NM 87106
For both email and postal mail notices, please include "Notice of Infringement" in the subject line. If a notice is incomplete, Jen Wilson Home Team (Jennifer Wilson Real Estate LLC) is under no obligation to act.
If Jen Wilson Home Team removes or restricts access to content in response to a copyright complaint, Jen Wilson Home Team will make a good faith effort to contact the alleged infringer with information concerning the removal or restriction of access, including a copy of the complaint. If the alleged infringer believes its content was removed in error, then pursuant to the DMCA, it can submit a counter-notification to Jen Wilson Home Team requesting that the removed content be reinstated.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and any laws relating to the protection of personal data of individuals).
To impersonate or attempt to impersonate another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To contact Jen Wilson Home Team for purposes other than assisting you with your real estate needs, such as marketing products or services.
To infringe upon the rights of others or to engage in activity that violates the privacy rights of others.
To remove or modify any copyright or other intellectual property notices that appear in the Site.
To upload invalid data, worms, viruses, or other software agent to the Site.
To use any software that intercepts, "mines," or otherwise collects information through or from the Site.
To use the information provided by Company through the Site in making any loan-related decisions.
To access or use the Site to develop competitive products or services.
To access password protected, secure, or non-public areas of the Site.
To create links from any website or webpage to any page within the Site, and you agree that if Jen Wilson Home Team, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Site, you will promptly do so.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Jen Wilson Home Team or users of the Site, or expose them to liability.
Additionally, you agree not to:
Circumvent any restrictions on access to or availability of the Site.
Engage in activity that is harmful to you, the Site, or others.
Infringe upon the rights of others.
Engage in activity that violates the privacy of others.
Help others break these rules.
Otherwise attempt to interfere with the proper working of the Site.
Disclaimer of Warranties
YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JENNIFER WILSON NOR ANY PERSON ASSOCIATED WITH THE SITE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. JEN WILSON HOME TEAM ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL JENNIFER WILSON REAL ESTATE LLC, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SITE TO THE SITE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless Jen Wilson Home Team (Jennifer Wilson Real Estate LLC), its shareholders, directors, affiliates, officers, agents and employees, licensors, service providers, and all third parties that provide content, information or Site to the Site from and against any and all claims, suits, demands, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including but not limited to reasonable attorney fees and disbursements, court costs or arbitration costs, due to, arising out of, or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your contributions of content or information to the Site or any use of the Site' content other than as expressly authorized in these Terms of Use.
Governing Law and Jurisdiction
By accessing or using the Site, you agree to be bound by these Terms, which shall be governed by, and construed in accordance with, the laws of the state of New Mexico, exclusive of its choice of law rules. For any Disputes deemed not subject to binding, individual arbitration, as provided in the section immediately below, you and the Company agree to submit to the exclusive jurisdiction of the state of New Mexico, or, if federal court jurisdiction exists, the United States District Court for the state of New Mexico. You and the Company agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party's rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This Section will be interpreted as broadly as applicable law permits.
Class Action Waiver
Any claim or other proceedings by or between you and the Company shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree to waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction.
Entire Agreement
These Terms, as well as the Company's Privacy Policy and any other terms or agreements that may be posted on the Site as amended from time to time ("Website Agreements") contain the entire agreement between you and the Company relating to the Site and your use of the Site and supersede any and all previous agreements, arrangements, undertakings or proposals, whether written or oral, between you and the Company regarding such matters.
To understand our privacy practices, please review our Privacy Policy, which governs your visits to the Site and is herein incorporated by reference into these terms.
Updates
The Company may modify these Terms at any time. If, at any time, you disagree with the changes made to the Terms, you must discontinue your use of the Site and its content and forums, and if you have registered for any services through the Site, cancel your registration for such services. Your continued access or use of the Site following such notice constitutes your acceptance of the modified Terms. It is your responsibility to be aware of any such modifications to the Terms. The Company reserves the right to modify or discontinue the Site with or without notice and will not be held liable to you or any third party should the Company choose to exercise its right to modify or discontinue the Site. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE ACCESS TO AND USE OF THE SITE. CONTINUED ACCESS TO AND USE OF THE SITE AND/OR ITS CONTENT AND FORUMS FOLLOWING NOTICE OF ANY SUCH CHANGE INDICATES YOUR ACKNOWLEDGEMENT OF SUCH CHANGE AND ACCEPTANCE OF THE SITE AS SO MODIFIED, AND YOUR USE OF THE SITE AND ITS CONTENTS AND FORUMS SHALL BE GOVERNED BY THE UPDATED TERMS.
How to Contact Us
If you have any questions or comments about this policy, if you need to report a problem with the Site, or if you would like to exercise one of your rights under this policy, please contact the Company at:
Jen Wilson Home Team with RE/MAX SELECT
3401 Central Ave NE
Albuquerque, NM 87106
Contact Email: jenlilith@msn.com
Please include in your correspondence your name, contact information, and the nature of your request so that we can respond appropriately and promptly. Please allow thirty (30) calendar days for a response to any inquiry you submit to the Company.