Our Communications With you
(TCPA Consent for United States Residents)
EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE.
E-MAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS).
AUTODIALING. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.
NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.
OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS, OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT, BUT REPLY “STOP” WILL AUTOMATICALLY UNSUBSCRIBE YOU, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.” YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT.
COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL SALESPERSON OR REALTOR WHO COMMUNICATES WITH YOU WILL DETERMINE IT.
Your consent here also serves as your express written consent to your past receipt of electronic communications from us.
You represent and warrant that:
- You are at least 18 years old
- You live in the United States (or Canada, in which case the Canadian consents below apply)
- You have not registered on a national or statewide Do Not Call list
- You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent
- The email addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual
Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
ADDITIONAL COMMUNICATIONS PROVISIONS
(For Residents of Canada)
In addition to the consent provided above in the Our Communications With You (United States) section, Canadian residents agree to the following provisions related to compliance with Canada’s Anti-Spam Legislation (“CASL”), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Canadian provincial law including Alberta’ Personal Information Protection Act (“PIPA”), and Quebec’s Act Respecting the Protect of Personal Information in the Private Sector:
- Because the purpose of our communications include your interest in future real estate purchases, our communication with you will continue until you opt-out, which indicates you are no longer considering real estate opportunities
- Your personal information may also be transmitted to, used in, and stored in the United States
DISPUTE RESOLUTION – ARBITRATION AGREEMENT
(Mandatory Binding Arbitration and Class Action Waiver)
READ THIS ARBITRATION AGREEMENT (“Agreement”) CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For example, if we elect to require you to arbitrate any claim, you will not have the right to a jury trial or the right to participate in a class action in court or in arbitration.
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration.
Electing Arbitration; Starting an Arbitration Proceeding: Either you or we may elect to arbitrate a Claim by giving the other party written notice of the intent to arbitrate the Claim or by filing a motion to compel arbitration of the Claim. This notice may be given before or after a lawsuit has been filed concerning the Claim or with respect to other Claims brought later in the lawsuit, and it may be given by papers filed in the lawsuit, such as a motion to compel arbitration. Each of the arbitration administrators listed below has specific rules for starting an arbitration proceeding. Regardless of who elected arbitration or how arbitration was elected, the party asserting the Claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. Thus, if you assert a Claim against us in court, and we elect to arbitrate that Claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Similarly, if we assert a Claim against you in court, you assert a counterclaim against us, and we elect to arbitrate that counterclaim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.
Choosing the Administrator: The party starting the arbitration proceeding must choose one of the following arbitration organizations as the Administrator: the American Arbitration Association (the “AAA”), 120 Broadway, Floor 21, New York, N.Y 10271, www.adr.org., or JAMS, 1920 Main St. Ste. 300, Irvine, CA 92614, www.jamsadr.org. You may contact these organizations directly if you have any questions about the way they conduct arbitrations or want to obtain a copy of their rules and forms (which are also available on their websites). A single arbitrator shall be appointed. If for any reason the Administrator selected is unable or unwilling to serve or continue to serve as Administrator, the other company will serve as Administrator. If neither the AAA nor JAMS is able or willing to serve as Administrator, we and you will mutually agree upon an Administrator or arbitrator or a court with jurisdiction will appoint the Administrator or arbitrator (or arbitrators, in the case of a three-arbitrator panel provided for in Section “j”, below). No company may serve as Administrator, without the consent of all parties, if it adopts or has in place any formal or informal policy that is inconsistent with and purports to override the terms of the Class Action Waiver in section (e) of this Arbitration Agreement. In all cases, the arbitrator(s) must be a lawyer with more than 10 years of experience or a retired judge. Arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not inconsistent or in conflict with this Arbitration Agreement, the applicable rules of the arbitration Administrator.
Location of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.
Cost of Arbitration: Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. At your written request, we will pay all filing, hearing and/or other fees charged by the Administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the Administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the Administrator’s rules or that we are required to pay for this Arbitration Agreement to be enforced.
Right to Discovery: In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny that request.
Arbitration Result and Right of Appeal: Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision is final and binding, except for any right of appeal provided by the FAA. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except in a dispute between the same parties, in which case it could be used to preclude the same claim from being re-arbitrated. If the amount of the Claim exceeds $25,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. (If an appeal is not filed within that time period, the arbitration award shall become final and binding). The panel shall reconsider de novo (anew) any aspect of the initial award requested by the appealing party. This means that they shall reach their own findings of fact and conclusions of law rather than deferring in any manner to the original arbitrator. The decision of the panel shall be by majority vote. Reference in this Arbitration Agreement to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with subparagraph (g) above, captioned “Cost of Arbitration.” Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.
(A) The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between them and is non-severable from this Arbitration Agreement. If the Class Action Waiver is limited, voided or found unenforceable, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and
(B) If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.
- Notice of Claim; Right to Resolve; Special Payment: Prior to initiating, joining or participating in any judicial or arbitration proceeding regarding any Claim, the Claimant (the party who asserts or seeks to assert a Claim in a lawsuit or arbitration proceeding) shall give the other party written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice you send must include your name, address, telephone number and loan or account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests. If: (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) we refuse to provide the relief you request before an arbitrator is appointed; and (iii) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 (not including any arbitration fees and attorneys' fees and costs to which you may be entitled under this Arbitration Agreement or applicable law). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated by this Section.
By visiting findbrainerdareahomes.com, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and findbrainerdareahomes.com or its affiliates, except for the Arbitration Agreement, which is governed by the Federal Arbitration Act.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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Purpose of Our Website
The purpose of findbrainerdareahomes.com is to allow our users to gain access to our real estate professionals, mortgage lenders, service providers and data. To gain access to this network of professionals, you must submit certain personal information. This information will be used by findbrainerdareahomes.com to assist you in the real estate transaction process. To assure the value of the services to be provided to you, you agree that you will provide accurate and complete information. Once you have been contacted by a real estate professionals or service provider, any agreement you enter into with such third party will only be between you and such third party.
Copyright & Trademarks
© 2018 findbrainerdareahomes.com. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are the exclusive properties of findbrainerdareahomes.com/Local MLS/Other affiliated parties and are all subject to copyright and other intellectual property protection laws. findbrainerdareahomes.com and all other trademarks and service marks indicated on our site are the properties of their respective owners. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Framing of any content is strictly prohibited.
findbrainerdareahomes.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of findbrainerdareahomes.com. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of findbrainerdareahomes.com.
Professional Real Estate Advisors
Financial decisions, including decisions about real estate, are serious decisions that should not be taken lightly. findbrainerdareahomes.com, its agents, employees, officers, subsidiaries, members or affiliates do not, via this website or otherwise, encourage you to make any particular decision on issues concerning real estate without first seeking professional advice from your attorney or accountant. The material contained on this site is offered as information only and not as financial, accounting, legal or other professional advice. Users of this site should contact their own professional advisors for such advice.
You agree that you must evaluate and bear all risks associated with your dealings with any real estate investor or investment company or real estate broker or brokerage company that is linked to, included in, or referred to by this site. You agree and understand that your choice to deal with any member or affiliate of this site is done at your discretion and risk, and you will be solely responsible for such dealings. In no event shall findbrainerdareahomes.com be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to your dealings with investors, members or affiliates of this site.
On occasion, information on our site, such as home prices, may be outdated or otherwise incorrect. We can only provide information with which we have been provided and accept no responsibility for any information that is out of date or otherwise invalid.
Obligations of Home Sellers Registered With findbrainerdareahomes.com
By completing the home information form on this site, you agree that:
- You are of legal age and are otherwise capable of forming a legally binding contract;
- You are interested in buying or selling property
- You do not have an exclusive contractual or other arrangement with any real estate professional, and
- You agree to be contacted by e-mail, telephone, text message or other means by findbrainerdareahomes.com or a member or affiliate of findbrainerdareahomes.com regarding content viewed on findbrainerdareahomes.com
Links to Other Sites
From time to time, findbrainerdareahomes.com may include on its site third party service providers (such as a lender, mortgage broker loan originator, etc.). findbrainerdareahomes.com may post information about, or links to, these companies as a service to its users who may be interested in such services. findbrainerdareahomes.com is not responsible for the contents of any link to or from this site. We do not endorse the policies or practices of, or opinions expressed on, other websites linked to or from this site; nor do we make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by us of the services, the site, its contents or its sponsoring organization.
Your consent to future changes
Regional Multiple Listing Service of Minnesota, Inc.
End-User License Agreement for consumers accessing
public MLS and broker web sites, including Broker
To satisfy the requirements of RMLS policy (1) This agreement must be available to
consumers before they are able to see the IDX data and must be available for review at
the beginning of each visit by the consumer. (2) The consumers must assent
affirmatively to the terms by clicking a button that prominently says I AGREE.
(3) Failure of a consumer to assent to the terms must result in no further access to the data
for that consumer.
This can be done unobtrusively by putting a link near the ‘Search’ button on the search
page. The link could say “I have read and agree to the terms of the license agreement”
(with “license agreement” linked to the full text of the EULA). The language used in the
agreement must be exactly the language presented below, unless RMLS approves
alterations in writing in advance.
Required Agreement text
The following terms and conditions govern all access to and use of this site. You
accept, without limitation or alteration, all the terms and conditions contained
herein. THIS AGREEMENT IS A BINDING CONTRACT AND INCLUDES
TERMS THAT LIMIT YOUR LEGAL RIGHTS AND LICENSORS’ LIABILITY
TO YOU. CONSULT YOUR ATTORNEY BEFORE AGREEING IF YOU DO
NOT UNDERSTAND ANY OF THE TERMS HERE.
End-User License Agreement
This End-User License Agreement (“EULA”) is a legally binding contract between you;
and the owner of this site, Search Brainerd
Real Estate Group (“Broker”); and Regional Multiple
Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com
(“RMLS”); and the developer of this site, Commissions Inc (“Developer”). (Collectively, Broker, RMLS, and
Developer are the “Licensors.”)
You seek access to real estate listings that are made up of factual information and
creative content. This “Licensed Content” appears on this “Licensed Site.” Licensors
wish to grant you access to the Licensed Site, but use of this information is limited by the
terms of this license.
In consideration of the mutual covenants contained herein, you and Licensors hereby
agree as follows:
1. Access permitted. Licensors agree to provide you online access via the WorldWide-Web
to the Licensed Content and the Licensed Site for the duration of the
current viewing session. You acknowledge that you will be required to execute a new
EULA upon your next visit to the Licensed Site. You agree not to attempt to access
the Licensed Site after the termination of this EULA.
2. Acknowledgement of Title. You acknowledge that all right, title, and interest in the
copyrights and other intellectual property rights in the Licensed Site and the Licensed
Content reside at all times in Licensors and their licensors.
The trademarks, logos, and service marks (collectively the “Marks” or “Mark”)
appearing on the Licensed Site are registered and unregistered marks of Licensors and
others. Neither this EULA nor the Licensed Site grants you any right to use any
Mark displayed on the Licensed Site or any other Marks of Licensors.
3. License. Licensors hereby grant you a revocable, limited, nonexclusive license
during the term of this EULA to duplicate, distribute and display the Licensed
Content and the Licensed Site, solely for your personal, non-commercial use, and
subject to the limitations set forth in this EULA. Licensors grant nonexclusive
licenses and not exclusive licenses or assignments. All rights not expressly granted in
this EULA are reserved.
4. Limited Use. You will not:
(a) Use the Licensed Site, Licensed Content, or both for any purpose other than a
personal, non-commercial one;
(b) Disclose any of the Licensed Content, including factual content, to any third
party except in furtherance of your personal real estate transaction, and then
only to the extent necessary;
(c) Gather, or attempt to gather, by any automated means, including “screen
scraping” or “database scraping,” factual content or any other portion of the
Licensed Content from the Licensed Site; or
(d) Employ the Licensed Content, the Licensed Site, or both for any unlawful
5. License revoked. Your license to use the Licensed Content and the Licensed Site is
immediately revoked, without notice from Licensors, in the event that you breach any
provision of this EULA.
6. General terms.
(a) Term and termination. Any party may terminate this EULA upon notice to
another. In the event of termination, all licenses hereunder immediately
terminate, and you agree to discontinue accessing and attempting to access the
Licensed Site. The terms of sections 2, 4, and 6 of this EULA shall survive its
(b) Disclaimer of warranties. LICENSORS PROVIDE THE LICENSED SITE
AND LICENSED CONTENT ON AN “AS IS,” “AS AVAILABLE” BASIS.
LICENSORS MAKE NO WARRANTY AS TO THE ACCURACY,
COMPLETENESS, CURRENCY, OR RELIABILITY OF THE LICENSED
CONTENT. YOU ARE ADVISED THAT FACTUAL MATERIAL IN THE
LICENSED CONTENT, THOUGH DEEMED RELIABLE, MAY
CONTAIN ERRORS AND IS SUBJECT TO REVISION AT ALL TIMES.
YOU ARE ADVISED TO CONFIRM ALL FACTUAL MATERIAL UPON
WHICH YOU INTEND TO RELY IN ANY TRANSACTION. THE
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH
RESPECT TO THE LICENSED SITE AND THE LICENSED CONTENT,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Possible errors in the
Licensed Content include, but are not limited to, incorrect measurements,
improper classification of rooms and features according to local zoning codes,
incorrect status with regard to availability for sale, incorrect photograph, and
incorrect information about improvements.
(c) Limitations and exclusions of liability. UNDER NO CIRCUMSTANCES
SHALL THE LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE
USE OF, OR INABILITY TO USE, THE LICENSED SITE, THE
LICENSED CONTENT, OR BOTH. YOUR SOLE REMEDY, IN THE
EVENT THE LICENSORS OR ANY ONE OF THEM BREACH THIS
EULA, SHALL BE TO TERMINATE THIS EULA. IN THE EVENT THE
LIMITATIONS SET FORTH IN THE PRECEDING TWO SENTENCES
ARE HELD BY ANY COURT TO BE UNENFORCEABLE, LICENSORS
SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE
FOR DAMAGES OF ANY KIND IN EXCESS OF $500.
(d) Indemnification. You will defend, indemnify and hold the Licensors
harmless from and against any and all liability, damages, loss or expense
(including reasonable fees of attorneys and other professionals) in any claim,
demand, action or proceeding initiated by any third-party against the
Licensors arising from any of your acts, including without limitation violating
this or any other agreement or any law.
(e) Assignment. You may not assign or delegate this EULA or any obligations,
rights, or duties hereunder. Any attempted or purported assignment or
delegation in contravention of this section is null and void.
(f) Integration and severability. This EULA contains the entire understanding
of the parties and supersedes all previous oral and written agreements on the
subject matter hereof. Each provision of this EULA is severable from the
whole, and if one provision is declared invalid, the other provisions shall
remain in full force and effect.
(g) Governing law. This EULA shall be governed by, and construed in
accordance with, the laws of the State of Minnesota applicable to contacts
made and performed in Minnesota, but without regard to the choice of law and
conflicts of law provisions thereof. The parties hereby agree that any dispute
under this EULA shall have its forum in the state or federal courts located in
Ramsey County, Minnesota, in the United States of America, and the parties
hereby consent to personal jurisdiction therein and expressly waive any
defenses to personal jurisdiction, including forum non conveniens.