By the way: If you want to list your home or buy a home with me, then you will need to enter into a listing or buyer agreement to become a Client; these agreements are not covered here.
1. Who Can Use the AmberCookHomes.com Services
You must be: a) at least the age of majority in the state where you live to use the Sites, and b) a resident of the United States. If you are under 14 years old, do not use the Sites.
2. Intellectual Property Ownership and License
B. Trademarks - AmberCookHomes.com, the AmberCookHomes.com logos and other AmberCookHomes.com trademarks, service marks, graphics, and logos used in connection with AmberCookHomes.com are trademarks or registered trademarks of AmberCookHomes.com in the U.S. and/or other countries. Other trademarks and logos used in connection with AmberCookHomes.com may be the trademarks of their respective owners. All images/icons/styles and attributes on Sites were originally conceived, designed, integrated and published by AmberCookHomes.com. All design aspects and layout features within Sites are protected under intellectual property ownership rules.
C. Data - The MLS Data on my Sites is the property of the individual MLS's providing the data. These MLS's have granted AmberCookHomes.com the necessary licenses to display the MLS Data on the Sites. Additional licensing information about MLS Data can be found in Section 15 below.
E. Webscraping of Listing & Property Data Is Not Allowed - Crawling or botcrawling AmberCookHomes.com and related network sites is allowed for inclusion in web search engine results only. Webscraping, downloading, caching, or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from AmberCookHomes.com.
G. Reservation of Rights - Except for the limited license granted above, AmberCookHomes.com reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.
H. Information Aggregation - AmberCookHomes.com is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to AmberCookHomes.com from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of AmberCookHomes.com by sending feedback and AmberCookHomes.com will make any adjustment necessary provoked by any third party broker in regards to the policies of the MLS's.
I. Z Score - The Z Score aggregate is compiled of available listings of various status'. This aggregate can be adjusted only by feedback directly relating to such listing by any third party broker in regards to the policies of the accompanied Multiple Listing Service. A Z-Score is a number value between 1-10 that determines the strength of a listing and/or sold price on AmberCookHomes.com. If a property is listed for a price that is high based on (square footage, lot size, beds/baths, etc.) compared to neighboring homes offered for sale then the Z-Score will be Lower. If a property is listed for a price that is low based on (square footage, lot size, beds/baths, etc.) compared to neighboring homes offered for sale then the Z-Score will be Higher. The idea is "the higher the z-score, the better the deal." The number is derived from a proprietary algorithm that is used to compare listings and features. It is not intended to pursuade or offer any sort of estimate of value. It is not an appraisal or any other price determining factor, just a small feature that provides you the user an aggregate score of what you are looking at compared to what's out there in the market place. AmberCookHomes.com offers no warranties expressed, or implied in regards to the accurateness of a Z-Score. All Z-Score's are deemed the sole opinion of AmberCookHomes.com based on facts derived through the algorithm involved.
If you are a seller with a home that has been displayed on AmberCookHomes.com and are not happy with this comparison scoring tool related to a home you are selling or have already sold, then you may ask to be excluded at any time by contacting amber@AmberCookHomes.com with the following information:
Subject: Z-Score Release
(1) MLS# of Property
(2) Proof of Ownership of Property (i.e., provide your name and agent's name)
(3) Reason if any for exclusion.(*optional)
J. Neighborhood Amenities API - The neighborhood amenities API software and source code is based on Google Locations and Places API. Any and all questions or feedback in regards to mis-information and/or errors of any type should be directed towards Google.
K. School Ratings & Review - School Information API Ratings and compiled statistics are furnished through data compiled by AmberCookHomes.com. Scores and Ratings/Grades are compiled from state-wide public data in which comparison algorithms are made to inject an aggregrate score based on this data. Any score or related review or information provided herein is solely reproduced from public data and any errors or misrepresentations in regards to the accurateness of such data shall be reviewed if needed but is not subject to any warranties expressed or implied by AmberCookHomes.com or the sites.
L. Market Analysis - Data provided is accumulated and stored on AmberCookHomes.com to evaluate existing market conditions. No warranties expressed or implied are given to the accurateness or completeness of this data. Information provided is the opinion of AmberCookHomes.com and cannot be re-produced, re-transmitted, scraped, or by any other method used to compile such data from our servers, without the expressed written consent of AmberCookHomes.com.
M. Market Appraisal - This service is designed to help you obtain a preliminary estimate of the value of your house, home or other real estate property inquiry. This valuation estimate is based on local property values, prices and recent sales of comparable homes in your area and is not intended to be, nor should it be, relied on as a real estate appraisal or similar report rendered by a licensed, professional appraiser or a Comparative Market Analysis (CMA). This information is provided as a courtesy. AmberCookHomes.com makes no representations or warranties as to the accuracy or correctness of this information and reserves the right to discontinue this service or deliberately restrict access to this service at any time. Nothing contained within AmberCookHomes.com Market Appraisal should be considered advisory and AmberCookHomes.com assumes no responsibility for reliance on this information. Service is only available up to three times per month per user's IP address to reduce server load and possible misuse.
5. Your Feedback and Community Guidelines
B. AmberCookHomes.com Community Guidelines -
- No solicitation. Real estate agents and other professionals are welcome here, but not to promote your services.
- No spamming. Please do not post advertising, junk mail, spam, scams or chain letters.
- No illegal or offensive posts. Any content that contains illegal, inflammatory, libelous, obscene or pornographic material will be removed.
- No public posting of private information or other people's unpublished contact information. This also includes communications from community administrators and moderators.
- Moderation. I reserve the right to monitor content and delete or retain content in my sole discretion.
C. License - You grant AmberCookHomes.com a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. AmberCookHomes.com may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant AmberCookHomes.com 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 AmberCookHomes.com, without any further consent, notice and/or compensation to you or to any third parties.
D. Disclaimer - AmberCookHomes.com takes no responsibility and assumes no liability for any Submissions posted by you or any third party. I may not monitor or control the Submissions posted via the Services and, I cannot take responsibility for such Submissions. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites.
E. Forums - AmberCookHomes.com may offer forums where you can post your observations and comments on designated topics. AmberCookHomes.com account holders may be able to create forum topic threads. AmberCookHomes.com, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that everything you share in a forum may be seen and used by other users of the Services.
6. How AmberCookHomes.com May Communicate with You
For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in), you agree that AmberCookHomes.com may communicate with you through the contact information provided by you through AmberCookHomes.com Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your Account Settings or settings on your mobile device to control what kind of messages you receive from AmberCookHomes.com. AmberCookHomes.com has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making those requests, you authorize AmberCookHomes.com to share your personal information including your home search history, favorites and saved searches, with a real estate professional (Amber Cook). When you make such a request to AmberCookHomes.com you are extending an express invitation for AmberCookHomes.com, or another appropriate entity or person, to contact you.
7. Third Party Sites
8. AmberCookHomes.com Applications
AmberCookHomes.com offers services through applications built using AmberCookHomes.com's platform ("AmberCookHomes.com Applications"). Examples of AmberCookHomes.com Applications include, without limitation, its smart phone applications (AmberCookHomes.com for Android, AmberCookHomes.com for iPad, or AmberCookHomes.com for iPhone). You acknowledge you are responsible for all charges and necessary permissions related to accessing AmberCookHomes.com through your mobile access provider.
You agree to indemnify AmberCookHomes.com and hold AmberCookHomes.com harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the AmberCookHomes.com Sites or using the AmberCookHomes.com Services.
AMBERCOOKHOMES.COM PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMBERCOOKHOMES.COM DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. I DO NOT PROVIDE ANY EXPRESSED OR IMPLIED WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AMBERCOOKHOMES.COM AND ITS SUPPLIERS DISCLAIM ANY AND ALL EXPRESSED OR IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY AMBERCOOKHOMES.COM OR ANYTHING RELATED TO AMBERCOOKHOMES.COM, YOU MAY DEACTIVATE YOUR AMBERCOOKHOMES.COM ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. AMBERCOOKHOMES.COM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH AMBERCOOKHOMES.COM TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. AMBERCOOKHOMES.COM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, AMBERCOOKHOMES.COM DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. AMBERCOOKHOMES.COM DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. AMBERCOOKHOMES.COM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, AMBERCOOKHOMES.COM DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
12. Limitation of Liability
13. Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by AmberCookHomes.com, or to any acts or omissions for which you may contend AmberCookHomes.com 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 Santa Ana, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by AmberCookHomes.com. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by 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 Santa Ana, 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.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and AmberCookHomes.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Santa Ana, 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.
14. Additional Legal Terms
A. Severability - If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. Notices - You may contact me here. Or via mail or courier at: Amber Cook, 18565 Yorba Linda Blvd, Yorba Linda, CA 92886, USA.
C. Entire Agreement - You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and AmberCookHomes.com regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AmberCookHomes.com services.
E. No Waiver - My failure to act with respect to a breach of this Agreement by you or others does not waive my right to act with respect to that breach or subsequent similar or other breaches.
F. No Injunctive Relief - In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
G. Assignment and Delegation - You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. I may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. I may also substitute, by way of unilateral novation, effective upon notice to you, Redfin for any third party that assumes my rights and obligations under this Agreement.
H. Alpha and Beta Testing - The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or prerelease form) that I may conduct ("Testing"). Except to the extent otherwise provided in another agreement between you and AmberCookHomes.com, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.
I. Potential Other Rights and Obligations - You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
J. Complaints Regarding Content Posted on the AmberCookHomes.com Website - For non-copyright complaints, you may notify us here.
K. International Matters - AmberCookHomes.com is controlled and operated from AmberCookHomes.com's United States offices in California. I make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access AmberCookHomes.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from AmberCookHomes.com, is further subject to United States export controls. No Services, including software from AmberCookHomes.com, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
L. Complaint Regarding Copyright Infringement If you are a copyright holder and believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact me with the following information:
- Your name, address, phone number, and email address, so that I can reach you;
- Identification of the copyrighted work(s) you believe to be infringed;
- Identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL);
- A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information you provided is accurate;
- A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law;
- A physical or electronic signature; and
- Send your infringement notices to:
18565 Yorba Linda Blvd
Yorba Linda, CA 92886
If your Submission is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to AmberCookHomes.com. Your counter-notification must be in writing and sent to me, whose address is above. Your counter-notification must contain the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which AmberCookHomes.com may be found, and that you will accept service of process from the person who notified AmberCookHomes.com of the alleged infringement or an agent of such person.
15. MLS Agreements and Disclaimers
Disclaimers: Multiple Listing Services and other Data Providers
AmberCookHomes.com receives the homes for sale from the following:
A. California Regional Mulitple Listing Service (CRMLS) -This information is for your personal, non-commercial use and may not be used for any purpose other than to identify prospective properties you may be interested in purchasing. Display of MLS data is usually deemed reliable but is NOT guaranteed accurate by the MLS. Buyers are responsible for verifying the accuracy of all information and should investigate the data themselves or retain appropriate professionals. Information from sources other than the Listing Agent may have been included in the MLS data. Unless otherwise specified in writing, Broker/Agent has not and will not verify any information obtained from other sources. The Broker/Agent providing the information contained herein may or may not have been the Listing and/or Selling Agent.