Terms of Service and Agreement
Acceptance of Terms of Service and Agreement
You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website. Terms of Service agreements below describe the terms and conditions applicable to your use of our real estate and lender referral services at Teslapads. If you have any questions regarding these agreements, you may contact [email protected] We reserve the right to amend these agreements at any time. You further agree that by accessing the Teslapads Website or utilizing the Teslapads services, you agree to be bound to the Terms and Policies as are in effect at such time.
Right to Modify Terms
Teslapads reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website. Your continued use of and access to the Website constitutes your acceptance of any amendments or modifications to the Terms.
Accuracy of Advice
Teslapads does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
Changes to Website
Teslapads may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Teslapads may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
TERMS OF SERVICE
Agreement between User and Teslapads.com
This Website is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Website constitutes your agreement to all such terms, conditions and notices.
Obligations of Home Buyer, Sellers, and Refinancers registered with Teslapads.com. By completing your registration with Teslapads.com, you are stating that you wish for, and consent to, a Teslapads approved real estate and/or lending professional referred buy Teslapads, to contact you. You also are agreeing that:
• You are of legal age and are otherwise capable of forming a legally binding contract;
• You are interested in purchasing, selling, and/or refinancing real property;
• You are interested in purchasing/selling a property located in the USA or Canada;
• You do not have an exclusive contractual or other arrangement with any real estate professional, including a lender;
• You agree to be contacted via e-mail, text message & phone calls or other means by Teslapads.com regarding Teslapads services;
• Teslapads may request, receive, copy and review the Settlement Statement from your real property transaction for the purposes of quality assurance and control;
• You acknowledge that Teslapads recommends you independently verify the professional license status and background of your Teslapads real estate and referred lending professional(s). Teslapads makes no such representations and or warranties about its real estate and lending professionals beyond the initial checks that are completed when they apply for membership into the Teslapads agent network.
• As a Home Buyer, Seller, or Refinancer you are not bound to accept any Proposals submitted by a Teslapads real estate or referred lending professional. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and the real estate or lending professional.
Obligations of Real Estate Agent, Mortgage Lender, real estate related service provider, or third-party vendor registered with Teslapads.com.
By completing your registration with Teslapads.com, you are stating that you would like a Teslapads representative to contact you. You also are agreeing that:
• You are of legal age and are otherwise capable of forming a legally binding contract;
• You are interested in affiliating with Teslapads.com;
• You agree to be contacted via e-mail or other means regarding Teslapads’ services.
Teslapads Refund & Promotions
Refund amount may vary according to purchase price, prevailing market conditions, and other factors. Refund is not available where prohibited by law, including in Alabama, Alaska, Iowa, Kansas, Louisiana, Mississippi, Missouri, Oklahoma, Oregon, and Tennessee. The Refund is subject to cancellation if the commission received by the cooperating broker is 1% or less of the property sales price, the commission amount provided to Teslapads changes after the signing of this agreement or must be shared with additional parties. Estimated Refund amount is not guaranteed and is typically 25% of the total commission issued to the broker (One attic) at the close of escrow. Refund amount is in no way connected or affiliated with any mortgage or lender services.
A refund or promotion can be given toward any number of items, such as a solar panel credit, compensation for supercharging stations and or, an electricity bill not to exceed the amount of 25% of the commission received to One attic at the close of escrow.
Teslapads is a DBA to One Attic, INC. is also primarily a marketing and referral service, and all content provided on this Website is for education purposes only and does not in any manner create a legal contract express or implied between Teslapads and you. Without limiting the foregoing, the information and services published on this Website may include inaccuracies or typographical errors. All information and services are provided “as is” without warranty of any kind. Teslapads and/or its Affiliates, Partners, or Suppliers hereby disclaim all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event, shall Teslapads and/or its Affiliates, Partners, or Suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website or with the delay or inability to use this Website, or for any information and services obtained through this Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, even if Teslapads or any of its Affiliates, Partners, or Suppliers has been advised of the possibility of damages.
In no way is Teslapads providing any Mortgage services or programs. Any mortgage services obtained are considered third party services not affiliated with Teslapads and Teslapads therefore has no control or oversight of said third party mortgage services. Should Teslapads connect you with any mortgage service providers, you engage said third party mortgage service providers under your own risk. You acknowledge that Teslapads recommends you independently verify the professional license status and background of your any mortgage or lending professional(s).
Teslapads is not a lending institution or company and in no way offers loans or loan products. Teslapads may offer contact information for loan partners or affiliates or referrals, however Teslapads in no way guarantees the performance of said third party mortgage or lending professionals and makes no such representations and or warranties about said third party mortgage or lending professionals.
All information is provided for informational purposes only and is not legal advice. Consult an attorney, broker, or financial expert for expert professional advice. This is general information and is not intended to provide advice on any specific question or transaction. Parties to any real estate transaction should seek competent legal, broker, and/or tax counsel to determine the legal, credit and tax consequences of buying or selling a home. You may have other options for your real estate needs, however Teslapads is not providing such services and it is your responsibility to seek out any available options as to your questions regarding your real estate transaction.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information and/or services obtained from this Website. The content available through this Website is the sole property of Teslapads, or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed to in writing, Teslapads-owned content received through this Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Teslapads licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Website to anyone, including but not limited to others in the same company or organization without Teslapads’ express prior written consent.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you warrant to Teslapads that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
ERRORS AND DELAYS
Teslapads is not responsible for any errors or delays in responding to a request for a real estate professional or lender caused by an incorrect e-mail address or other contact information provided by you, or other technical problems beyond our reasonable control.
Any claim or controversy arising out of or relating to the use of Teslapads’ services, or to any acts or omissions for which you may contend Teslapads is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in 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 Teslapads. In any arbitration, Teslapads 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 there to. 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 Teslapads 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.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with these Term of Service; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use.
No Legal Advice or Attorney-Client Relationship or Agent/Broker-Client Relationship.
Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. The Site and your use thereof does not create an attorney-client relationship nor does it create an agent or broker-client relationship. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction or agent or broker licensed to practice in your jurisdiction for your particular issue. The information contained herein does not necessarily reflect the opinions of our clients.
Forms, Agreements & Documents.
We may make available through the Site sample forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. NO DOCUMENT ON THIS SITE SHALL BE LEGALLY BINDING ON ANY PARTY INCLUDING BUT NOT LIMITED TO COMPANY, CLIENT, POTENTIAL CLIENT, AND/OR ANY THIRD PARTY UNLESS COMPANY HAS EXPRESSLY AUTHORIZDED SUBMISSION OF SUCH DOCUMENT OR AGREEMENT BY WRITTEN AUTHORIZATION. ANY AGREEMENTS INTENDED TO BE LEGALLY BINDING BETWEEN COMPANY AND CLIENT WILL BE SPECIFICALLY GENERATED FOR THAT CLIENT AND VALID AND ENFORCEBLE ONLY BY WAY OF EXECUTION AND SIGNATURE BY THE PARTIES TO SAID DOCUMENT OR AGREEMENT, WHETHER THAT BE BY WAY OF E-SIGNATURE, DOCUSIGN, OR OTHER MEANS OF EXEUCTION OF SAID DOCUMENT AS REQUIRED TO CONSUMATE A TRANSACTION BETWEEN COMPANY AND CLIENT.
Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
Certain Confidentiality Issues.
Choosing an agent or broker is a serious matter and should not be based solely on information contained on the Site or in advertisements and may not be accomplished by sending us confidential information related to you and/or your company unless we have expressly authorized the submission of such information by written authorization. You may send us e-mail. However, if you communicate with us in connection with a matter for which we do not already represent you, you should not send us confidential or sensitive information via e-mail because your communication will not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which we already represent you, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
Use In Other Jurisdictions.
We practice only in jurisdictions in which we are properly authorized to do so. We do not seek to represent anyone in any jurisdiction where the Site does not comply or is in any way inconsistent with the rules governing communication of legal services in a particular state. We are unwilling to assume the representation of clients from those states where the materials do not comply with state requirements and where the client is generated as a result of that communication.
Statement In Compliance With Certain Rules of Professional Conduct.
Unless otherwise specified, the agents or brokers listed on the Site are not certified to practice outside the State of California.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The law is constantly changing and the information may not be complete or accurate depending on your particular issue. Each issue depends on its individual facts and different jurisdictions have different laws and regulations. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any third-party content. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED HEREINAFTER. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
ANY AGREEMENTS INTENDED TO BE LEGALLY BINDING BETWEEN Teslapads AND CLIENT WILL BE SPECIFICALLY GENERATED FOR THAT CLIENT/HOMEOWNER AND VALID AND ENFORCEABLE ONLY BY WAY OF EXECUTION AND SIGNATURE BY THE PARTIES TO SAID DOCUMENT OR AGREEMENT.
Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or information obtained, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of an Affiliated Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our General Counsel the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Orange County, CA, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth hereinafter. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
The individuals depicted in this website, if any, on the home page are not necessarily staff, employees, or representatives of the Company. They are not meant to represent any client or potential client or any Company, employee, representative or staff member unless otherwise specifically stated.
Attorney Fees and Costs.
The prevailing party in any action or proceeding, including but not limited to arbitration, arising out of or to enforce any provision of this Agreement, will be awarded reasonable attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.
These Terms of Service shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws and principles. If any part of these Terms of Service 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.