Gemstone Real Estate – Gemstone Realty
We reserve the right to discontinue the FREE First Month’s House Payment Program or any other program, incentive, or rebate at any time without prior notice.
Gemstone Real Estate, Inc.
5680 Hwy 6 Ste. #308
Missouri City, TX 77459
Gemstone Real Estate, Inc. realty services offered to you, the “User,” conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of Gemstone Real Estate, Inc. realty services constitutes your agreement to all such terms, conditions, and notices.
REAL ESTATE SERVICES
All of the information you have provided or communicated to us via e-mail, in person or online form(s), or other registration form, is true and complete. You authorize Gemstone Real Estate Inc. to forward your information to the homebuilder(s) for whom you registered. You further understand and agree that by registering on the Gemstone Real Estate, Inc. web site or making a request on the Gemstone Real Estate Inc. site, you have established a business relationship with Gemstone Real Estate Inc., and therefore you are extending an express invitation for Gemstone Real Estate Inc. to contact you or your immediate family using methods including but not limited to e-mail, US Mail, and by telephone using the information you have provided during registration, and that you hereby consent to allow such communications or telephone calls even if your phone number is on any Do Not Call list.
Gemstone Real Estate Inc. is a licensed real estate broker. For its services on a completed transaction, Gemstone Real Estate Inc. receives a real estate brokerage referral fee from the homebuilder or the seller. Gemstone Real Estate Inc. provides you the buyer a rebate for your effort in finding your home by coming up with a short list of homes you want to preview. Your use of this Web site constitutes your agreement with this compensation arrangement.
All Incentives (such as The FREE First Month’s House Payment Program or any type of rebate to Customers) are only available to customers who use Gemstone Real Estate Inc. to buy their home. Customers must have been connected with the homebuilder/seller through Gemstone Real Estate Inc. to be eligible for all available incentives. Customers must be registered by Gemstone Real Estate Inc. prior to customers’ first visiting or contacting the builder to be eligible for incentives, and the builder must pay Gemstone Real Estate Inc. at least a 3% commission in order for customer to be eligible for incentives.
Gemstone Real Estate Inc. reserves the right to pay rebate or similar incentive to Home Buyer in the form of paying closing costs on the HUD-1 Settlement Statement if so required by the lender or other party to close the transaction or if required by applicable law, in the form of a discount on the purchase price if so required or transacted by the builder or other party to close the transaction or required by applicable law, or, at Gemstone Real Estate Inc.’s sole discretion, in any other form based on the needs or requirements specific to the transaction.
Any Customer rebates are solely based on the base price of the home to be purchased. Base price excludes options, upgrades and lot premiums. If the builder makes adjustments to the base price that have the effect of lowering the selling price of the home, and/or reducing the price upon which it pays its cooperating broker commission, the Gemstone Real Estate Inc. rebate amount will be based on the lower of the base price or the adjusted price. If the builder reduces its cooperating broker commission payment by deducting an administrative fee, the Gemstone Real Estate Inc. rebate amount will be reduced accordingly on a pro rata basis.
Incentives may not be permitted in connection with certain loan programs for the buyer/borrower. These include, but are not limited to, FHA and VA loans. Please consult your lender regarding whether or not you can collect the incentive in connection with your loan. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply.
NATURE OF USE
The contents of the Gemstone Real Estate Inc. Web Site are intended for the personal, non-commercial use of its users. All materials provided on Gemstone Real Estate Inc.’s Web Site are protected by copyright and owned or controlled by Gemstone Real Estate Inc. or the party credited as the provider of the content, software or other materials. Users shall abide by all additional copyright notices, information or restrictions contained in any other content accessed through the Gemstone Real Estate Inc. Web Site. User may not store any significant portion of any content owned by or licensed to Gemstone Real Estate Inc. in any form. Copying or storing of any content other than for personal, non-commercial use is expressly prohibited.
COPYRIGHT AND TRADEMARK NOTICES
Gemstone Realty is a service mark of Gemstone Real Estate Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.
DISCLAIMERS AND LIMITATIONS
Gemstone Real Estate Inc. intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, changes and improvements to the information provided herein may be made by Gemstone Real Estate Inc. at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” GEMSTONE REAL ESTATE INC. AND/OR ITS SUPPLIERS, PARTICIPATING BUILDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE 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 GEMSTONE REAL ESTATE INC.’S SERVICES IS AT YOUR OWN RISK. GEMSTONE REAL ESTATE INC. AND/OR ITS SUPPLIERS, PARTICIPATING BUILDERS, OR REAL ESTATE PROFESSIONALS 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 GEMSTONE REAL ESTATE INC.’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GEMSTONE REAL ESTATE INC. 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, you agree to indemnify Gemstone Real Estate Inc. and its suppliers, participating Builders, or Real Estate professionals from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of Gemstone Real Estate Inc.’s services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
Gemstone Real Estate Inc. shall not be liable for, and the user hereby waives, any claims user may have against Gemstone Real Estate Inc. in any way relating to the property identified, listed or described in the Gemstone Real Estate Inc. Web Site or the construction of any residence or other improvement constructed thereon by any of the homebuilders. User specifically acknowledges that its rights and remedies with respect to the property, the condition of any home built by any homebuilder or any other aspect of its potential purchase of property listed in the Gemstone Real Estate Inc. Web Site shall be against the homebuilders. Gemstone Real Estate Inc. shall not be liable for damage by reason of defects in materials or workmanship or for any other representations, warranties, statements or covenants of the homebuilder, whether express or implied (including, without limitation, any implied warranty of merchantability, habitability or fitness for a particular purpose) with respect to the information contained on the Gemstone Real Estate Inc. Web Site, the property listed or referenced thereon, or the construction of the home on such property.
LINKS TO THIRD PARTIES
Gemstone Real Estate Inc.’s Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Gemstone Real Estate Inc. does not operate or control in any respect any information, software, products or services available on such Web sites. Gemstone Real Estate Inc.’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
Gemstone Real Estate Inc. is not responsible for any errors or delays in responding to a request form or other registration 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 Gemstone Real Estate Inc., or to any acts or omissions for which you may contend Gemstone Real Estate Inc, 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 Houston, Texas. 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 Gemstone Real Estate Inc. In any arbitration, each party will evenly split the costs of 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 Houston, 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. 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 GEMSTONE REAL ESTATE, INC. 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 Gemstone Real Estate Inc.’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 Gemstone Real Estate Inc., the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Houston, 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 Gemstone Real Estate Inc. and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Gemstone Real Estate Inc. with respect to the 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. 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.
