PLEASE READ THESE TERMS AND CONDITIONS OF USE (“SITE TERMS”) CAREFULLY. YOUR USE OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THIS WEB SITE.
The Web site you are accessing (the “Site”) is provided by Constellation Web Solutions Inc d/b/a Diverse Solutions (“DIVERSE”), and/or an affiliate thereof (individually and collectively, “DIVERSE”).
These Site Terms apply to your access to, and use of, the Site so please read them carefully. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with DIVERSE or its affiliates, for services, products or otherwise. We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on the Site. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site.
Privacy and consent to communications
We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Site. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information. By filling out any forms on the Site, providing information to us or making any inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, email, mail, texting or otherwise.
Use of site; limited license
You are granted a limited, non-sublicensable license to access and use the Site and all content, data, information and materials included in the Site (the “Site Materials”) solely for your personal use, subject to the terms and conditions set forth in these Site Terms. You may not use the Site or any Site Materials for commercial purposes. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site or service any of the Site Materials. You will not use the Site or any of the Site Materials other than for their intended purpose or in any way that is unlawful, or harms DIVERSE and/or its suppliers.
Without prejudice to the foregoing, you may not engage in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information from the Site or that uses web ”bots” or similar data gathering or extraction methods. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Any use of the Site or the Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time.
Each person that is provided with a password and user ID to use the Site, if applicable, must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account.
Third party products and services; third-party content
We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third party products or services, and you use such third party products and services at your own risk. We do not sponsor, endorse, recommend or approve any such third party. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity or information that you find on or through the Site. We do not represent or warrant that any such third party is licensed, qualified, reputable or capable of performing any such service.
The Site and the services offered therein are provided solely as a forum and technical interface that may connect homeowners with locally licensed real estate agents, brokers and other home-related service providers. DIVERSE does not provide any real estate, appraisal or home-related services, and do not hold ourselves out as being licensed to perform any such services. DIVERSE does not sponsor, endorse, recommend or approve of any real estate agent, broker or other home-related service provider who offers services through the Site. While we try to confirm that participating real estate agents, brokers and other home-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other home-related service provider who offers services through the Site is licensed, qualified, or capable of performing any such service.
It should also be noted that DIVERSE does not make any assurance as to the timeliness or accuracy of information provided by any real estate agent, broker or other home-related service provider including any home evaluation, or other related follow up. Furthermore, if the requesting homeowner submits incomplete, insufficient or inaccurate information, or if the completion of a home evaluation is in conflict with real estate rules, laws or best practices, then an evaluation may not be provided to the requesting homeowner.
If a “Public Area” is available on the Site, such as a forum, message board, or other community area that allows user posts, you are solely responsible for any information, text, photos, content or material that you upload, post or transmit to the Site (“User Content”). You are also responsible for your reliance on any communications found in such areas. If you feel you or someone is in danger, or you believe illegal conduct may take place or has taken place, you should contact your local law enforcement agency immediately. If you believe you may have a medical emergency, call your doctor or 911 immediately.
You agree that you will not engage in any of the following activities, any of which would be deemed a breach of the Site Terms:
Violating local, state, or other applicable laws or regulations;
Posting User Content that infringes the intellectual property rights, privacy, publicity or other rights of any third party;
Posting User Content that is unlawful, obscene, defamatory, threatening, harassing, hateful, or embarrassing to any third party as determined in our sole discretion;
Posting advertisements or other materials to solicit business for yourself or any third party;
Disrupting or impeding the discussion flow of others on the Site;
Posting chain letters or pyramid schemes;
Impersonating a third party or implying you are someone other than who you are;
Distributing viruses or other harmful or malicious computer code;
Collecting information about others without their explicit written consent;
Allowing a third party to use your identification or to pretend they are you; or
Engaging in any conduct that disrupts or impedes a third party’s use and enjoyment of the Site, or which, in our judgment, exposes us or any customers, partners or related entities to liability or detriment of any type
DIVERSE may, but is not obligated to, do one or more of the following:
Record, monitor, modify or disclose User Content;
Investigate a complaint that User Content violates the Site Terms, and determine in our sole discretion whether to remove the material or take other action;
Remove User Content if we determine in our sole discretion that a violation of the Site Terms has occurred or may occur in the future; or
Terminate a user’s access to the Site (or any portion thereof) if he or she has violated our Site Terms.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding DIVERSE or the Site, provided by you in the form of e-mail or submissions to us, or postings on the Sites, are non-confidential. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. DIVERSE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE.
Limitation of liability
IN NO EVENT WILL DIVERSE OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SITE MATERIALS.
We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease. Furthermore, we reserve the right not to respond to any requests for information for any reason, or no reason.
Applicable law and venue
These terms and conditions are governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Site.
(a) DIVERSE will only collect, use, retain, or disclose personal information of California consumers for the Contracted Business Purposes for which you provide personal information or permit personal information access in accordance with your instructions. “Contracted Business Purposes” means the services and/or products described in this Agreement for which [the Service Provider] receives or accesses personal information. Any terms defined in the California Consumer Privacy Act of 2018, as amended (Cal. Civ. Code §§ 1798.100 to 1798.199), and any related regulations or guidance provided by the California Attorney General (“CCPA”), including “personal information” and “business purposes” carry the same meaning in this Section.
(b) DIVERSE will not collect, use, retain, disclose, sell, or otherwise make personal information of California consumers available for ML’s own commercial purposes or in a way that does not comply with the CCPA. If a law requires DIVERSE to disclose personal information of a California consumer for a purpose unrelated to the Contracted Business Purpose, DIVERSE will first inform you of the legal requirement and give you an opportunity to object or challenge the requirement, unless the law prohibits such notice.
(c) DIVERSE will limit collection, use, retention, and disclosure of personal information of California consumers to activities reasonably necessary and proportionate to achieve the Contracted Business Purposes or another compatible operational purpose.
(d) DIVERSE will promptly comply with any request or instruction from you requiring DIVERSE to provide, amend, transfer, or delete the personal information of California consumers, or to stop, mitigate, or remedy any unauthorized processing.
(e) If the Contracted Business Purposes require the collection of personal information from California consumers on your behalf, DIVERSE will provide a CCPA-compliant notice addressing use and collection methods.
(f) If the CCPA permits, DIVERSE may aggregate, deidentify, or anonymize personal information of California consumers so it no longer meets the personal information definition, and may use such aggregated, deidentified, or anonymized data for its own research and development purposes. DIVERSE will not attempt to or actually re-identify any previously aggregated, deidentified, or anonymized data and will contractually prohibit downstream data recipients from attempting to or actually re-identifying such data.
Assistance with Your CCPA Obligations
(b) DIVERSE will notify you immediately if it receives any complaint, notice, or communication that directly or indirectly relates either party’s compliance with the CCPA related to the Contracted Business Purposes. Specifically, DIVERSE will notify you within 15 working days if it receives a verifiable consumer request under the CCPA.
(a) Both parties will comply with all applicable requirements of the CCPA when collecting, using, retaining, or disclosing personal information of California consumers.
(c) Service Provider warrants that it has no reason to believe any CCPA requirements or restrictions prevent it from providing any of the Contracted Business Purposes or otherwise performing under this Agreement. DIVERSE will promptly notify you of any changes to the CCPA’s requirements that may adversely affect its performance under the Agreement.
Copyright, trademark and patent notices
Portions of the Site are protected by DIVERSE intellectual property rights and unless otherwise explicitly indicated in the Site, the Site Materials and the selection and arrangement thereof are the proprietary property of DIVERSE and its suppliers and are protected by U.S. and international copyright laws.
The DIVERSE name, and any DIVERSE products and services slogans or logos referenced herein are either trademarks or registered trademarks of DIVERSE in the United States and/or other countries. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512)), DIVERSE has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide DIVERSE’s copyright agent the following written information:
(1) a detailed description of the allegedly infringed copyrighted material,
(2) a description of the location of such material on the Site,
(3) your contact information, including address, telephone number, and email address (if any),
(4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law,
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.
Contact information for DIVERSE’s Copyright Agent for notice of claims of copyright infringement is provided below.
Diverse Solutions Legal Department
Address: 3316 136th PL SE, Suite 300, Bellevue, WA 98006
USA Phone No.: 949-544-2330
Email address: [email protected]
The parties have required that the Site Terms and all documents relating thereto be drawn up in English.
Last revised: December 2019