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Terms of Use

Casabyowner.com is a web site that is operated as a wholly-owned unit of Tier Zero, LLC, Casa by Owner's Terms of Use will govern the casabyowner.com and casabybuilder.com site. Throughout the Terms of Use we refer only to Casa ny owner to make reading the Terms of Use easier.

Casa by Owner
Tier Zero, LLC
4110 Rio Bravo Ste 100
El Paso, TX 79902
General Information: 1-866-620-5535
Fax: 915-587-4670
E-mail: office@casabyowner.com

TERMS OF USE AGREEMENT

Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this Web site.

SECURITY POLICY
Casa by Owner uses extensive and sophisticated secure technology to protect your data and transmissions between you, Casa by Owner, and real estate professionals and Lenders participating in this Web site (the "real estate professionals" or Agents). Here are the highlights:

REALTY SERVICES
Tier Zero, LLC is a Texas limited liability company with its corporate headquarters in El Paso, Texas. Real estate programs are administered by Casa by Owner. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. The programs may vary by region or state. Other restrictions may apply.Casa by Owner is not a licensed real estate brokerage company. We Market and advertise For Sale by Owner.

All of the information you have provided in your form is true and complete. You authorize Casa by Owner to forward your information to its network of real estate professionals or lender/broker. You further understand and agree that by selecting a real estate company or professional/lender, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. In addition, by completing and submitting a request for more information regarding a real estate listing or requesting contact with a real estate professional, you understand and agree that you are extending an express invitation to real estate professionals to call you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. You understand that these real estate professionals/Lender may keep the information you submit whether or not you communicate with them regarding a real estate listing or Loan and whether or not you complete a real estate transaction with them.

Casa by Owner Advertises Homes for sale. However, in connection with its Agents Notification, Casa by Owner does not list or sell homes ( only market and advertise for sale By Owner). Instead, real estate brokerage activities are performed by local licensed real estate brokers. In connection with its Find a home or Builder Rep. program, Casa by Owner acts as a referring agent by referring you to a local real estate broker or Lender, and for its services.

Casa by Owner does not make loans or credit decisions in connection with loans, nor does Casa by Owner issue commitments or lock-in agreements. Casa by Owner is not an agent of either you, the consumer, or any participating bank, lender or loan broker (we refer to all of these as "Lenders"). Casa by Owner 's services are administrative and consultative only. You should rely on your own judgment in deciding which available loan product best suits your needs and financial means. You are under no obligation to use Casa by Owner to commence the financing process and Casa by Owner does not guarantee that completing a loan request will result in your receiving a loan from a Lender

Create an Account/Registration
By creating an account or otherwise registering with this site, you hereby understand and agree that you have established a business relationship between you and Tier Zero, LLC, which is the owner of this site. As such, you agree that Casa by Owner may contact you using information you provided with information and offers of services available through Casa by Owner and any of its websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.

DISCLAIMERS AND LIMITATIONS
Casa by Owner intends that the information contained in this Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by Casa by Owner at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." CASA BY OWNER AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS/LENDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR CASA BY OWNERS SERVICES IS AT YOUR OWN RISK. CASA NY OWNER AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS/LENDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR CASA by OWNERS SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CASA BY OWNER AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY
As a condition of use of this Web site and/or Casa by Owners services, you agree to indemnify Casa by Owner and its suppliers and real estate professionals/Lenders from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

LINKS TO THIRD PARTIES
This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Casa By Owner does not operate or control in any respect any information, software, products or services available on such Web sites. Casa by Owner's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAYS
Casa by Owner is not responsible for any errors or delays in responding to a referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Casa by Owner , or to any acts or omissions for which you may contend Casa by Owner 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 El Paso County, Texas except for Maine. 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 Casa by Owner . In any arbitration, Casa by Owner 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, provided. Upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in El Paso County, Texas. 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, except in Texas where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an 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 CASA BY OWNER WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Casa by Owner 's goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Casa by Owner , the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in El Paso County, El Paso Texas. 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.

OTHER TERMS
This Agreement constitutes the entire agreement between you and Casa by Owner and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Casa by Owner with respect to this Web site 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 Texas, 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.

PLEASE PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.