Terms of Service

Welcome, and thank you for your interest in this website and any pages on it (the "Website") for Omega Mejia, REALTOR®, Simply Great Real Estate Group at OnDemand Realty ("us," "we," "our" and the "Company"). By using services on our Website, or accessing any content we provide through it (collectively, the "Services"), you agree to be bound by these terms of service, as updated from time to time (these "Terms of Service"). They form a legally binding agreement between you and us, and our applicable subsidiaries and affiliates.

These Terms of Service apply to your access to and use of the Services, and the information and products available through them.

Our Privacy Policy is incorporated here by reference.

You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services under these Terms of Service is compliant with all laws, rules and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Service as a condition to our obligations.

Non-U.S. users. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own risk and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.

Email. We may send you email at any email address you provide for informational and marketing purposes, such as a guide you requested, market updates and announcements. You can unsubscribe by following the instructions in each email we send you. Even if you unsubscribe from some email, we may still need to email you with important transactional or other information.

Calls and texts. If you choose to provide your phone number and expressly opt in for marketing messages and calls (for example, by checking an optional consent box), you agree to receive informational and marketing calls and text messages from us at the number you provide, which may be sent using an automatic telephone dialing system or a prerecorded or artificial voice. Consent to receive marketing communications is not a condition of purchasing any goods or services or qualifying for a loan. Message and data rates may apply, message frequency may vary, and carriers are not liable for delayed or undelivered messages. You represent that the number you provide is your own and that you are authorized to receive messages at that number. You may opt out of marketing text messages at any time by replying STOP to any message you receive. You may reply HELP for assistance, or call me at (214) 620-3581 for additional information.

If you do not wish to receive text messages, you may also opt out by responding with the SMS message "unsubscribe" to any text message you receive from us. We will send you an SMS message to confirm that you have unsubscribed, and after this you will no longer receive SMS messages from us.

Your information will only be shared according to our Privacy Policy.

As a condition of use, you shall not use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.

You shall not (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers' infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted in connection with the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices or other processes to "crawl" or "spider" any page of the Website; (vi) harvest or scrape any Content from the Services; (vii) take any action in violation of our guidelines and policies; (viii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent that applicable laws specifically prohibit such restriction; (ix) modify, translate or otherwise create derivative works of any part of the Services; (x) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violate any law or contractual duty; or (xi) copy, rent, lease, distribute or otherwise transfer any of the rights that you receive under these Terms of Service. You shall abide by all applicable local, state, national and international laws and regulations.

Our additional rights. We also reserve the right, without any obligation, to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) fulfill your requests for services; or (vi) protect the rights, property or safety of us, our users and the public.

All content provided by users, such as messages you send through a form or chat (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated it. You represent that all User Content provided by you is accurate, complete, up to date and in compliance with all applicable laws, rules and regulations.

The following standards apply to any and all User Content. You must ensure that all User Content you provide complies with all applicable laws and regulations. Without limiting that, you must not provide User Content that:

• infringes any right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion;
• constitutes unauthorized or unsolicited advertising, junk or bulk email (that is, spamming);
• contains software viruses or any other disabling computer codes, files or programs designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
• impersonates, bullies, stalks or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information;
• includes any confidential information, violates the rights of others (including, without limitation, the rights of publicity and privacy and rights under a contract), or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Service.

User Content license grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform and otherwise fully exploit the User Content in connection with the Services and our (including successors' and assigns') businesses, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds). For clarity, the foregoing license grants do not affect your other ownership or license rights in your User Content. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights.

Our Services may contain links to third-party websites or services that are not owned or controlled by us. Any such links are provided merely as a convenience to users of the Services, and they do not imply endorsement of those sites or the content they contain. We have no control over, and assume no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

You agree to indemnify, defend and hold harmless OnDemand, its affiliates, Omega Mejia, and their respective directors, officers, employees and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Service; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Content you provide through the Services; (f) your willful misconduct; and (g) any other party's access to or use of the Services using your information. We reserve the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.

Liability limits. IN NO EVENT SHALL WE, OR OUR AFFILIATES AND EACH OF OUR AND OUR AFFILIATES' RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS, LICENSORS AND REPRESENTATIVES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, ACCOMMODATIONS, RIGHTS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE LESSER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.

Acknowledgement. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR (I) USER CONTENT; (II) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (III) THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.

Releases. You shall and hereby do release us from all liability for you having acquired or not acquired housing through the Services. You hereby release us and our directors, officers, employees, agents, subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors and suppliers from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to content accessed through the Services, or any interactions with others arising out of or related to it. You do hereby assume the above-mentioned risks and agree that these Terms of Service, and specifically this Releases provision, shall apply to all unknown or unanticipated results of the transactions and occurrences described above, as well as those known and anticipated, and you hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, and any similar provision in any jurisdiction, which section has been duly explained and reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

This Website is intended solely for individuals residing outside of the European Union and the United Kingdom (UK). By accessing and using this Website, you agree and represent either (i) that you are not a resident of the European Union or UK, or (ii) if you are a resident of the European Union or UK, that you provide express consent to any personal information which may be collected from you by this Website, including, but not limited to, first name, last name, email address, phone number, physical address, IP address and social media accounts and information. In no event shall any user cause this Website to collect personal information of any individual residing in the European Union without first obtaining the express consent of such individual.

Your feedback, comments and suggestions for improvements to the Services and our business ("Feedback") are generally welcome. You may submit Feedback through our Website or by email. You acknowledge and agree that all Feedback is and shall be our sole and exclusive property, and you shall and hereby do assign to us all right, title and interest in and to all Feedback. You will execute documents and take such further acts as we may reasonably request to effectuate the foregoing ownership and rights.

Entire agreement. These Terms of Service, together with any state-mandated disclosure forms provided by us to you separately, are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.