Terms of Service
Thank you for visiting this Web Site. The terms and conditions that apply to your access to and use of this Web Site (and the information, products and services available through this Web Site) are set forth below.By registering with Investor Experts, Inc. (“Investor Experts”), you are agreeing to the following terms and conditions.
Terms & Disclaimers
By accessing this Web site you (hereinafter “User” “you” or “your”) agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaims agency, warranties and liability. These provisions form an essential basis of the agreement between you and Investor Experts. Read these provisions carefully and print out a copy for your records.
Investor Experts is a web based real estate consulting services that enables users to efficiently search the MLS for properties, provides a model for analyzing the suitability of the properties in accordance with the goals of the User, and provides an optional automated method of generating real estate offers at your specific direction for those who choose to utilize this service to prepare their own real estate offer, and then sends them to appropriate listing agents. All of this shall be referred to collectively as the “Services.”
If you become a member of this Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to and accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of, or visitor to, this Web Site due to someone else using your account or password.
In order to purchase products or services from this Web Site or use this Web Site to sell a product or service, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
In order to utilize our automated system for generating form real estate purchase offers at your specific direction, User will execute an authorization and consent form which will authorize Investor Experts to prepare fully executed purchase offers at the specific direction of the User.User will upload their signature and initials to the Investor Expert’s system.Upon notifying Investor Experts of his/her/its desire to make an offer on a property through our automated system, Investor Experts will prepare a formal real estate purchase offer containing terms and conditions provided by the User and then generate a fully signed, executed, and binding purchase offer which will be forwarded to the appropriate listing agent for the property. User is fully responsible for the content of any real estate purchase offer, and Investor Experts shall not be responsible for any errors, omissions or ambiguities contained in any submitted real estate offers.Offer will be sent to LA, Buyers agent, and buyer.Buyer has the option to rescind his offer anytime prior to it being accepted by the seller, he/she may do so by contacting his/her agent.
By using the Web site and inputting personal information the User understands that he or she may acquire cookies or other computer files that Investor Experts uses to identify users.
We currently collect information such as pages visited, search parameters, search profiles and property information to supplement our records and help us learn what pages are most attractive to our customers, which of our features most interest our customers, and what kinds of homes and information our customers like to see.
1.1 Google Analytics
1.2 Google Maps
For materials or information that are provided to Investor Experts in connection with use of the services, User agrees to grant Investor Experts an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, display, reproduce, edit, or modify the information in accordance with the Services.Investor Experts will not pay you for any information provided and may remove your information at any time.
By using the Web site and inputting personal information the User understands that Investor Experts will use such information may also provide that information to affiliated companies or persons. Investor Experts takes care to see that user information is not transmitted to unauthorized persons or the general public but is not liable for such information transmission due to theft, hacking or software errors. By submitting your email address or contact information, User consents to Investor Expert’s use of your contact information to contact you about your use of the Web Site.
3. Information Aggregation
Investor Experts is not responsible for any errors in displayed information or delays in displaying information. All information on the Web Site is either transmitted to Investor Experts from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Investor Experts by notifying Investor Experts as provided herein, but it is likely that such information accuracy cannot be corrected by Investor Experts and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the 3rd party listing agent under terms with the MLS.
3.1 Information on, from, or derived from the MLS
Information relating to properties is or may be derived from the MLS or other third party sources. Investor Experts makes no representation nor guarantee of the truthfulness, reliability, or accuracy of any information relating to properties that are shown on the Investor Experts’ Web Site, nor does Investor Experts, Golden Key Realty, nor any of its principals, agents, employees, or affiliates undertake any duty or obligation to verify, correct, investigate, or advise on any information from third parties shown on the Investor Experts’ Website.Investor Experts merely offers a service for automated searching of the MLS for available properties, providing a method of analyzing the merits of properties, and providing an automated system for generating offers based on the standard forms provided by the California Association of Realtors.
4.Scope of Use.
You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf. Real estate and lending professionals may provide information to consumers via the Services or, where authorized, take actions on behalf of a consumer client (e.g., post a home for sale). Without limitation, lending professionals and institutions are prohibited from using the Services in making any loan-related decisions. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display, sell or otherwise provide access to, decompile, disassemble or reverse engineer any portion of the Services.
5. Webscraping of Listing & Property Data Is Not Allowed
Crawling the Investor Experts and network sites is allowed for inclusion in web search engine results only.Automatic queries, webscraping, downloading, webcrawling, or any other automated activity with the purpose or effect of obtaining information of any property or other data for inclusion in another real estate search site, content aggregator, or for any other purpose is strictly forbidden without the prior written consent of Investor Experts.
Any opinions, advice, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Investor Experts. In many instances, the content available through this Web Site represents the opinions and judgments of the respective information providers or users. Investor Experts does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.
8. Use of Content on the Website
All Content on the Web Site, including any information, facts, audio/visual material, or statements, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You certify that you will not upload or post or submit inappropriate content such as profanity, obscenity, libelous content, misleading, fraudulent or illegal material that is or encourages criminal offense or give rise to civil liability or otherwise violate any law without express written approval of Investor Experts. You will not use or submit information for the purpose of harassment, spamming, spreading malicious software or for any other illegal purpose.User will not submit any content that is known to be false, misleading, or inaccurate, or violates any copyright, patent, trademark, or rights of another. Without limiting any other portion of these Terms of Service, you agree that we may, in our sole discretion and without prior notice, terminate your access to this Web Site, remove and delete inappropriate material, and/or block your future access to this Web Site if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of this Web Site.
User will also be asked to provide a user name and password. User is entirely responsible for maintaining the confidentiality of the password, and may not use a third party's account, user name or password at any time. You agree to notify Investor Experts immediately of any unauthorized use of your account, user name or password. Investor Experts shall not be liable for any losses incurred as a result of use of someone else’s password, either with or without the knowledge of the User.If Investor Experts suspects a User account is being used by someone who is not the authorized proper user, Investor Experts may disable that user’s access in order to preserve system security and will promptly notify the User as soon as feasible.User may be held liable for any losses incurred by Investor Experts, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of an account or password.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). The most common public uses for content today are in the user forums and paired with a public review left by you for a particular agent.
9. Real Estate Services
User understands that, in general, neither Investor Experts, Inc. nor Golden Key Realty or any agents or affiliates of these Companies has any specific contractual or commercial relationship with any other broker, agent, or real estate professional that may be listed on the MLS or that may be introduced to the User in connection with the Services.Investor Experts is not responsible and shall not be liable for any communications, conduct, or activities of any third party broker, agent, or real estate professional. For its form generation services, Investor Experts utilizes the standard form adopted by the appropriate real estate association in that locale, but does not warrant nor guarantee the legal sufficiency of any forms.User is solely responsible for the content and substance of any forms used by or generated through the Web Site, and assumes all risks that the forms are correct and legally sufficient for the intended purpose of the User.
10. Disclaimers and Limitations on Liability
Investor Experts intends, but does not represent, guarantee, nor warrant that the information contained in this Web Site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Investor Experts at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS."INVESTOR EXPERTS AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS 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 THIS WEB SITE AND/OR INVESTOR EXPERT'S SERVICES IS AT YOUR OWN RISK. INVESTOR EXPERTS AND/OR ITS SUPPLIERS 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 THIS WEB SITE AND/OR INVESTOR EXPERT'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INVESTOR EXPERTS AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY LIABILITY FOUND ON THE PART OF INVESTOR EXPERTS SHALL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND SERVICES, EXCEPT AS OTHERWISE PROVIDED FOR IN THE TERMS OF SERVICE.
The Web Site User uses the information and Services on the Web Site at their own risk and expressly assumes any and all risks of the following:
a. That facts or information contained on the Web Site may be false, inaccurate or misleading;
b. The failure to conduct adequate due diligence on any property including, but not limited to, the condition of the property, condition of title, defects in the property, suitability of the property for the User’s intended purpose, property size and boundaries, legal or governmental actions affecting property or its owner(s), environmental, chemical or natural hazards affecting property, value of the property, pest control issues, income potential, safety or crime, or any other matters affecting the property;
c. The failure to obtain competent professionals to explain, advise or evaluate the merits of any property transaction conducted on the Web Site;
d. The failure of any Services provided herein or any property to perform as expected.
The Web Site User understands and agrees that it is his/her/its own duty and responsibility to verify the accuracy of information and representations made on the Web Site and to obtain the services of qualified professional such as attorneys, financial advisors, CPA’s, contractors, inspectors, engineers, pest control inspectors, and the like to advise on any aspects of a real estate transaction pertinent to the scope of the respective expertise of those professionals. Investor Experts is not a substitute for, and does not undertake to provide any of these or any other professional services that would be covered under these professions.By using the Services of Investor Experts, you understand and agree that you are acting as your own representative in any transaction undertaken by using the Investor Expert’s Web Site
Investor Expert’s property analysis service merely provides a model for analyzing the suitability of the property for the User.It is not the only method for property analysis and Investor Experts specifically disclaims any and all representations, warranties or guarantees that a property will be suitable for the User irrespective of any analysis made by the property analyzer.The property analyzer is merely designed to provide a model for analyzing property that is purely an opinion, and User expressly assumes all risks that the qualities or merits of any property will be different from any conclusions derived or generated by the property analyzer.
Investor Experts’ document preparation service is merely designed to generate form documents based on the User’s specific direction. However, it is not substitute for the advice competent legal, tax or real estate professionals.It is solely the responsibility of the User to fully understand all terms and conditions of the forms generated by Investor Experts, and Investor Experts undertakes no duty to explain or inform User of any aspect of any real estate form, and provides no advice, explanation, opinion or recommendation as to whether any specific term or condition in any form is suitable or appropriate for any given transaction, nor does Investor Experts make any representation as to actual or potential consequences of any particular term and condition in the forms.Users are informed, understand and are encouraged to consult the appropriate and qualified professionals such as attorneys, financial advisors, CPA’s, contractors, inspectors, engineers, pest control inspectors, and the like to advise them on any aspects of forms generated by Investor Experts.
Under no circumstances shall Investor Experts be responsible for any loss, injury, claim, liability, or damage related to your use of this Web Site or any site linked to this Web Site, whether from errors or omissions in the content of our Web Site or any other linked sites, from the site being down or from any other use of this Web Site including the failure of any property transaction to close or to perform to user’s expectations. In short, your use of the Web Site is solely at your own risk.
10.1 Release and Indemnity
By using this Web Site the User agrees to release, defend, indemnify, and hold harmless Investor Experts and its agents, affiliates and real estate professionals from and against any and all claims, costs, demands, liabilities and expenses and damages arising out of the Users use of the Web Site including any, without limitations, attorney’s fees and costs. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Users may not use this Web Site for illegal, harassing, unethical, or disruptive purposes.
10.2 Dispute Resolution Process
Any claim or controversy arising out of or relating to the use of this Web Site, as to the goods or services provided by Investor Experts, or to any acts or omissions for which you may contend Investor Experts 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 Los Angeles, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Investor Experts. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will ultimately be the responsibility of the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Los Angeles, 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 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 INVESTOR EXPERTS 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 Investor Expert'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 Investor Experts, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles, California. 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.
We have in place, what we believe to be, reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.
You are strictly prohibited from reproducing, republishing, copying, transmitting, distributing in any form, or by any means, any Content on the Web Site. You may not modify, adapt, reverse engineer or in any way exploit any of the Content in whole or in part, except as expressly stated otherwise in Terms of Service and/or the prior written consent of Investor Experts. Any unauthorized use of this Web Site is a violation of applicable copyright laws and trademark laws, and may also violate laws of privacy and publicity, and/or communications regulations and statutes. Any of the aforementioned violations may subject you to criminal penalties.
You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under the Terms of Service herein, applicable export laws, rules and regulations. If any part of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service will continue in effect. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance. Investor Experts may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Service, or assign, transfer or sublicense your rights, if any, in the Service. Investor Expert's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, the Terms of Service constitute the entire agreement between you and Investor Experts with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Investor Experts with respect to the Services.
13. Changes; Discontinuance.
Investor Experts reserves the right to change these Terms of Service. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes, and Web Site Users are responsible for regularly reviewing these Terms of Service for any changes. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. Investor Experts may suspend or discontinue the Services at any time to you and/or to others, without notice.
14. Unsubscribe Requests
To unsubscribe from email communications, please send an email to firstname.lastname@example.org
15. Equal Housing Opportunity
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
16.Disclaimers: Multiple Listing Services and other Data Providers
Investor Experts receives the homes for sale from listing sources including the MLS. The following disclaimers apply to listings only from that particular data source.
Investor Experts does not warrant any information or facts derived from the MLS. Information contained in any MLS listing is solely the responsibility of the individual or entities responsible for posting the listing on the MLS and Investor Experts does not verify the accuracy of any information contained in any listing on the MLS.In general, User understands that information from the MLS may be derived from sources deemed reliable but not guaranteed, and that it is the User’s responsibility to verify or investigate facts or information contained in any MLS listing.
California Regional Multiple Listing Service (CRMLS)
The information being provided by CRMLS (CLAW, CRISNet MLS, DAMLS, i-Tech MLS, and/or VCRDS) is for the visitor's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties visitor may be interested in purchasing.
Any information relating to a property referenced on this web site comes from the Internet Data Exchange (IDX) program of CRMLS. This web site may reference real estate listing(s) held by a brokerage firm other than the broker and/or agent who owns this Web Site.
The accuracy of all information, regardless of source, including but not limited to square footages and lot sizes, is deemed reliable but not guaranteed and should be personally verified through personal inspection by and/or with the appropriate professionals. The data contained herein is copyrighted by CLAW, CRISNet MLS, DAMLS, CRMLS, i-Tech MLS and/or VCRDS and is protected by all applicable copyright laws. Any dissemination of this information is in violation of copyright laws and is strictly prohibited.
CRMLS, California Regional Multiple Listing Service, is a consolidated MLS property listing data feed comprised of CLAW (Combined LA/Westside MLS), CRISNet MLS (Southland Regional AOR), DAMLS (Desert Area MLS), i-Tech MLS (Glendale AOR/Pasadena Foothills AOR) and VCRDS (Ventura County Regional Data Share).
Last updated: 10/30/2012