Terms and Conditions
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CLASS ACTION WAIVER; AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY THAT APPLIES TO ALL DISPUTES WITH HIGH DESERT PROPERTY SOLUTIONS, LLC. These provisions form an essential basis of our bargain.
Terms and Conditions of use Agreement for all Services and the Website
High Desert Property Solutions, LLC requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement,” “Terms of Use,” or “Terms”). By accessing, browsing or using this website (the “Website”) or by using the goods, facilities or services offered in or through the Website through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms “Website” include use through these alternative methods).
If you do not agree to these terms and conditions, you are not authorized to access or use the Website and you are to cease accessing or otherwise using the Website.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.
For purposes of this Agreement, “You” or “Your” means the person(s) using the Website, and/or the goods, facilities or services of High Desert Property Solutions, LLC (“Services”), including sellers of residential real estate (“Sellers”) that provide information about themselves to High Desert Property Solutions, LLC.
High Desert Property Solutions, LLC operates this Website and shall have the right at any time to change or discontinue any aspect or feature of this Website and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website. Any use by you of the Website or the goods, facilities or services offered in or through the Website shall be deemed to constitute acceptance of such changes.
By accessing this Site you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 13 years of age and reside in the United State and the District of Columbia. If you are under 13 years of age or reside outside of the United States or the District of Columbia, you should not be visiting this Site or utilizing High Desert Property Solutions, LLC services.
1. Privacy Policy
The Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Website, received directly from you or transmitted to or from third parties.
2. We Buy Houses Real Estate Purchasing Services – Opt-In to Contact
When you complete the form on the Website – or contact High Desert Property Solutions, LLC via phone numbers displayed in the Website – you provide express written consent to High Desert Property Solutions, LLC to contact you using the e-mail address(es), phone number(s) (including mobile devices, SMS, and MMS), or other contact information you provided, even if you are on a Do Not Call list.
Note: You are providing express written consent for High Desert Property Solutions, LLC to share this private personally identifiable information for these purposes: litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.
High Desert Property Solutions, LLC is not a licensed real estate broker. High Desert Property Solutions, LLC does not own, sell, invest provide, control, manage, offer, deliver, solicit sales of real estate. We do not represent you in connection with any real estate transaction, and you should consider consulting with a broker or lawyer before selling or buying real property.
BY USING OUR WEBSITE OR BY CLICKING ON ANY BUTTON INDICATING AN ACCEPTANCE OR AGREEMENT TO TERMS, A CONTINUANCE OF PROCESSING OR SUBMISSION (“SUBMISSION”) YOU UNDERSTAND THAT YOU ARE CONSENTING, ACKNOWLEDGING AND AGREEING TO THE STATED TERMS AND CONDITIONS OF THAT SUBMISSION AND THAT YOU ARE SUBMITTING AN INQUIRY THROUGH HIGH DESERT PROPERTY SOLUTIONS LLC. FURTHER, THAT YOU ARE REPRESENTING ALL OF THE INFORMATION YOU HAVE PROVIDED IN THE REFERRAL FORM IS TRUE AND COMPLETE. YOU FURTHER UNDERSTAND AND AGREE THAT BY SUBMITTING YOUR INFORMATION, INCLUDING ANY TELEPHONE NUMBERS, TO US, INVESTORS, YOU ARE EXTENDING AN EXPRESS INVITATION FOR US OR OUR AFFILIATES, TO CONTACT YOU BY TELEPHONE AT THE NUMBERS (WHETHER LANDLINE OR CELLULAR) YOU HAVE PROVIDED, AND YOU HEREBY CONSENT TO ANY SUCH TEXTS/CALLS EVEN IF YOUR PHONE NUMBER IS ON THE DO NOT CALL LIST. TELEPHONE CALLS MAY INCLUDE PRERECORDED OR ARTIFICIAL VOICE MESSAGES AND CALLS USING AN AUTOMATIC TELEPHONE DIALING SYSTEM. YOUR CONSENT IS NOT A CONDITION OF YOUR PURCHASE.
You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.
3. Content
You may submit feedback, ideas, reviews, comments, photos, or other content to the Website (“Submissions”). You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Use, or the rights of any third party. You are solely responsible for your Submissions. We may, but are not obligated to, monitor and edit or remove Submissions, and have no obligation to store Submissions. You grant the Website a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. The website may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant Website a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Website, without any further consent, notice and/or compensation to you or to any third parties.
4. Copyright, Trademark and Service Mark Notices
All contents of the Website are: Copyright © High Desert Property Solutions, LLC, 6705 Academy Rd NE Suite A, Albuquerque, NM 87109. All rights reserved.
Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of the High Desert Property Solutions, LLC or the applicable Mark holder specific for each such use. The Marks may not be used to disparage High Desert Property Solutions, LLC, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by High Desert Property Solutions, LLC in writing.
The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. High Desert Property Solutions, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of High Desert Property Solutions, LLC and the copyright owner. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
5. Disclaimers
YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).
THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
6. Limitations of Liability
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).
IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.
You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “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.”
THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Indemnity
As a condition of use of the Websites and/or High Desert Property Solutions LLC services, you agree to indemnify High Desert Property Solutions LLC from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
8. Damages
At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these Terms for which you bear responsibility; except you acknowledge that, for certain Terms violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms violations, you agree to pay liquidated damages as may be provided for in these Terms. Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these Terms are and will be cumulative.
9. Injunctive Relief
You acknowledge and agree that any violation or breach of these Terms may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these Terms or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.
10. Links to Third Party Websites
The website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. High Desert Property Solutions LLC does not operate or control in any respect any information, software, products or services available on such websites. High Desert Property Solutions LLC inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the websites please note that High Desert Property Solutions LLC is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.
11. Errors and Delays
HIGH DESERT PROPERTY SOLUTIONS IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN RESPONDING TO A REQUEST OR REFERRAL FORM CAUSED BY, INCLUDING BUT NOT LIMITED TO, AN INCORRECT EMAIL ADDRESS OR CONTACT INFORMATION PROVIDED BY YOU OR OTHER TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL.
12. Dispute Resolution/Arbitration
Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by High Desert Property Solutions LLC, or to any acts or omissions for which you may contend High Desert Property Solutions 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 Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Bernalillo County New Mexico. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. 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. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND HIGH DESERT PROPERTY SOLUTIONS LLC 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, and 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 High Desert Property Solutions LLC goods, facilities 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 High Desert Property Solutions LLC, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the State of New Mexico. 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.
13. Other Terms
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules for the Website established by High Desert Property Solutions LLC) constitutes the entire agreement between you and High Desert Property Solutions LLC and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and High Desert Property Solutions LLC with respect to the Website and information, software, products and services associated with it.
This Agreement shall be subject to and construed in accordance with the laws of the State of New Mexico, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of 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.
How to Contact Us
If you have any questions about these Terms and Conditions or our practices, or if you would like to request additional information, please contact us by postal mail, phone, or email, as follows:
High Desert Property Solutions
6705 Academy Rd NE Suite A
Albuquerque, NM 87109
505-388-0333
peterandisaac@highdesertpropertysolutions.com