Terms of Use
You are entering a binding contract with Surf & Vine Vacation Homes LLC (the “Company,” “us,” “we,” and “our”). By using this website (browsewrap) and/or by submitting your information to create a user profile and agreeing to these Terms of Use and our Privacy Policy (clickwrap), you consent to all terms below, as well as our Privacy Policy, both of which contain an Arbitration Agreement and Class Action Waiver. Your agreement constitutes your electronic signature. You may request a paper copy by calling (707) 570-7078 or emailing info@surfandvinevacationhomes.com. By accessing this website, you consent to the information collection and use practices described in our Privacy Policy.
Our Communications With You (TCPA Consent for United States Residents)
Express Written Consent
By submitting your contact information, you provide your express written consent to receive communications from us at the email address and telephone numbers you provide or later update.
E-mails, Calls, and Texts
Communications may include telemarketing messages via email, landline, fax, cellular phone, and text messages (including SMS and MMS).
Autodialing
We may use an automatic telephone dialing system, artificial or prerecorded voice, or “robotexts.” Your carrier’s standard rates and charges may apply.
No Purchase Necessary
Consent is not a condition of purchasing any property, goods, or services.
Revoking Consent and Opting Out
You may revoke consent to receive texts by replying “STOP,” or by other reasonable means. We may take up to 30 days to process non-STOP requests. You consent to receive a final text confirming your opt-out. You may revoke consent to receive emails by using the “Unsubscribe” link or other reasonable means; processing may take up to 30 days if you do not use “Unsubscribe.”
Communication Frequency
Frequency varies depending on the individual communicating with you.
Your Representations
- You are at least 18 years old.
- You live in the United States (or Canada; see additional Canadian provisions below).
- You have not registered on a national or statewide Do Not Call list.
- You are the account holder for the email addresses and phone numbers provided, or you have authorization from the account holder.
- The contact information you provide is accurate, and you will notify us if it changes.
Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or device.
Additional Communications Provisions (Residents of Canada)
- You agree to the provisions governing use and disclosure of personal information in our Privacy Policy.
- Because our communications relate to potential future real estate opportunities, we may continue contacting you until you revoke consent or opt out.
- Your personal information may be transmitted to, used in, and stored in the United States.
Dispute Resolution – Arbitration Agreement (Mandatory Binding Arbitration and Class Action Waiver)
Read this Arbitration Agreement carefully; it affects how legal claims between you and us are resolved. If we elect arbitration, you will not have the right to a jury trial or to participate in a class action in court or arbitration. You have the right to reject this Arbitration Agreement as described below.
a. Your Right to Reject Arbitration
You may reject this Agreement by mailing a signed rejection notice within 30 days after you agree to these Terms of Use to: 4849 Greenville Ave Ste. 1495, Dallas, TX 75206, Attn: Terms of Use and Privacy Policy Arbitration Rejection. Include your name, address, telephone number, the date you agreed to the Terms of Use, and your signature. Rejection applies only to this Arbitration Agreement and does not affect other agreements.
b. What Claims Are Covered
“Claim” means any claim, dispute, or controversy between you and us, whether preexisting, present, or future, arising from or relating to these Terms of Use or Privacy Policy; your use of the website; your account; any related communications; any product or service provided by us or third parties in connection with these terms; collection and enforcement; and related relationships. “Claim” is to be interpreted broadly and includes claims based on contract, tort, statute, regulation, and equity, and for all forms of relief. Exceptions include: (i) disputes about the validity, enforceability, coverage, or scope of this Arbitration Agreement (for a court to decide); (ii) court actions for provisional or ancillary remedies; (iii) self-help or non-judicial remedies; (iv) limited individual actions to prevent self-help; and (v) individual small claims actions. This Arbitration Agreement does not apply to any class action in court pending as of its effective date in which you are an alleged class member.
c. Electing Arbitration; Starting an Arbitration Proceeding
Either party may elect arbitration by written notice or by filing a motion to compel arbitration. The party asserting the Claim is responsible for initiating arbitration per the chosen administrator’s rules.
d. Choosing the Administrator
The party starting arbitration must select an administrator from recognized arbitration organizations. A single arbitrator (lawyer with 10+ years’ experience or a retired judge) will be appointed. If the chosen administrator is unavailable, the parties will agree on another administrator or arbitrator, or a court will appoint one. Arbitration must comply with this Agreement and, where not inconsistent, the administrator’s rules.
e. Class Action Waiver
If arbitration is elected, neither party may participate in a class, private attorney general, or other representative action in court or arbitration, nor join or consolidate claims with others. No arbitrator may conduct any arbitration in violation of this waiver or issue relief for anyone other than the individual parties.
f. Location of Arbitration
Any arbitration hearing you attend must take place at a location reasonably convenient to your residence.
g. Cost of Arbitration
At your written request, we will pay filing, hearing, and/or other fees charged to you by the administrator and arbitrator for Claims you assert in an individual arbitration after you pay an amount equivalent to the applicable court filing fee (if any). Fee waivers may be available from the administrator. We will pay any fees we are required to pay by law or the administrator’s rules.
h. Governing Law
This Arbitration Agreement is governed by the Federal Arbitration Act (FAA). The arbitrator will apply applicable statutes of limitation, privileges, and substantive law consistent with the FAA. The arbitrator may award any relief available in court to the extent permitted by law and the administrator’s rules, and may award attorneys’ fees and costs as permitted. We will not seek to recover our fees from you unless the arbitrator finds bad faith as defined by Federal Rule of Civil Procedure 11(b).
i. Right to Discovery
In addition to discovery permitted by the administrator’s rules, either party may request that the arbitrator expand discovery; the arbitrator has discretion to grant or deny such requests.
j. Arbitration Result and Right of Appeal
Judgment on the arbitrator’s award may be entered in any court with jurisdiction. If the Claim exceeds $25,000, any party may appeal to a three-arbitrator panel within 30 days; the panel will review de novo. Costs of appeal are governed by section g.
k. Rules of Interpretation
This Arbitration Agreement survives termination or cancellation of the Terms, legal proceedings, and bankruptcy (as permitted by law). It governs in the event of any conflict with other provisions or rules. If any portion is invalid, the remainder survives, except: (A) the Class Action Waiver is material and non-severable; if it is limited or found unenforceable, this Arbitration Agreement (except this sentence) is null and void as to such proceeding; and (B) if a claim seeks public injunctive relief and a court finds the arbitration limits on such relief unenforceable, that claim will proceed in court while individual monetary claims are arbitrated, with the court staying the public injunctive claim pending the arbitration outcome.
l. Notice of Claim; Right to Resolve; Special Payment
Before initiating or participating in any proceeding, the claimant must send a written Claim Notice to the other party and allow at least 30 days to resolve the Claim. Your Claim Notice must include your name, address, telephone number, and account or loan number (if any), describe the nature of the Claim, and state the requested relief. If we do not provide the requested relief before appointment of an arbitrator and the arbitrator later awards you that or greater relief, the arbitrator shall award you at least $7,500 (exclusive of any fees and costs otherwise due to you).
Governing Law
The laws of the State of Texas, without regard to conflict-of-laws principles, govern these Terms of Use and any dispute between you and the Company, except that the Arbitration Agreement is governed by the FAA.
Disclaimer of Warranties and Limitation of Liability
This site is provided on an “as is” and “as available” basis. We make no representations or warranties, express or implied, regarding the operation of the site or the information, content, materials, or products included on the site. Your use of the site is at your sole risk. To the full extent permissible by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or emails are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including direct, indirect, incidental, punitive, and consequential damages.
Purpose of Our Website
The purpose of this website is to provide access to real estate professionals, mortgage lenders, service providers, and data. To gain access, you must provide certain personal information, which we use to assist you in the real estate process. You agree to provide accurate and complete information. Once you are connected with a real estate professional or service provider, any agreement you enter is solely between you and that third party.
Copyright & Trademarks
© 2019 Surf & Vine Vacation Homes LLC. All site content (text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations) is protected by copyright and other intellectual property laws and may not be copied, modified, or redistributed for commercial purposes. All trademarks and service marks are the property of their respective owners. Framing of any content is strictly prohibited.
License
We grant you a limited license to access and make personal use of this site. You may not download, modify, reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this site or any portion of it for any commercial purpose without our express written consent.
Professional Real Estate Advisors
Financial decisions, including those involving real estate, are serious and should be made with advice from qualified professionals. The material on this site is provided for informational purposes only and does not constitute financial, accounting, legal, or other professional advice. You must evaluate and bear all risks associated with dealings with any real estate investor, broker, or other party referenced by this site. We are not liable for any damages arising from such dealings. Information such as home prices may be outdated or incorrect; we provide information as supplied to us and accept no responsibility for inaccuracies.
Obligations of Home Sellers Registered With This Website
By completing forms on this site, you agree that:
- You are of legal age and capable of forming a legally binding contract.
- You are interested in buying or selling property.
- You do not have an exclusive agreement with any real estate professional.
- You agree to be contacted by email, telephone, text message, or other means by the Company or its members or affiliates regarding content viewed on the website.
Links to Other Sites
From time to time, this site may include information about, or links to, third-party service providers. We are not responsible for the content of any external sites and do not endorse their policies, practices, or opinions. Any links are provided solely as a convenience and do not imply endorsement.
Your Consent to Future Changes
We may change the website, these Terms of Use, and our Privacy Policy at any time. Changes are effective upon posting to this page, regardless of whether you receive actual notice. You should review these Terms and our Privacy Policy periodically. Continued use of the website after changes are posted constitutes your express written consent and acceptance of the changes. To opt out of future changes, email info@surfandvinevacationhomes.com or write to 755 Baywood Dr Ste 200, Petaluma, CA 94954. Opt-outs take effect 10 days after receipt. If you opt out, the Terms of Use in effect at the time you originally submitted your information (or the last version you did not opt out of) will continue to govern.
Surf & Vine Vacation Homes
755 Baywood Dr Ste 200 · Petaluma, CA 94954
info@surfandvinevacationhomes.com · 707.873.7377
Privacy Policy