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Ralph Castilla Company, REALTORS®
31117 Wildcat Drive
Bulverde, Texas 78163-4553
General Information: 210-650-5000
Ralph Castilla Company's 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 Ralph Castilla Company's services constitutes your agreement to all such terms, conditions, and notices.
Although Ralph Castilla Company has taken these reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Ralph Castilla Company cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.
REAL ESTATE SERVICES
All of the information you have provided in your coupon request form, or other registration form, is true and complete. You authorize Ralph Castilla Company to forward your information to the homebuilders for whom you registered and to our network of local real estate professionals. You understand that Ralph Castilla Company, the homebuilders for whom you registered, and our network of Ralph Castilla Company real estate professionals, may keep the information you entered on the form, whether or not you complete a real estate transaction through Ralph Castilla Company. You further understand and agree that by registering on the Ralph Castilla Company web site or making a request on the Ralph Castilla Company site, you have established a business relationship with Ralph Castilla Company, and therefore you are extending an express invitation for Ralph Castilla Company, the homebuilders for whom you registered, and our network of Ralph Castilla Company real estate professionals, to contact you or your immediate family using methods including but not limited to email, 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.
Ralph Castilla Company is a licensed real estate broker. Ralph Castilla Company does list homes in the MLS. For its services on a completed transaction, Ralph Castilla Company receives a real estate brokerage referral fee from the homebuilder. Your use of this Web site constitutes your agreement with this compensation arrangement.
Cash or other incentives are only available to customers who use Ralph Castilla Company to buy their home. Customers must have been connected with the homebuilder through Ralph Castilla Company to be eligible for incentives. You must present your Ralph Castilla Company Cash Back Coupon to the builder on your FIRST visit to the builder to be eligible for incentives. If a coupon is not available for a particular builder, then (a) you must be registered by Ralph Castilla Company prior to your first visiting or contacting the builder to be eligible for incentives and (b) the builder must pay Ralph Castilla Company a commission in order for you to be eligible for incentives.
Rebate offer not available in all states. Rebate is based on the base price of the home. 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 Ralph Castilla Company 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 Ralph Castilla Company rebate amount will be reduced accordingly on a pro rata basis.
Ralph Castilla Company reserves the right to pay rebate 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 the close or 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 the close or by applicable law, or, at Ralph Castilla Company's sole discretion, in any other form based on the needs or requirements specific to the transaction.
The 1% incentive amount is based on Ralph Castilla Company's receipt of at least a 2.4% commission. If Ralph Castilla Company's commission is less than 2.4%, the amount of the incentive will be reduced proportionately.
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 apply.
Buyer's Rebate Certificate
The Ralph Castilla Company Buyer Rebate Certificate must be presented on your first visit to the builder's sales office in order for you to receive a 1% Cash Back Rebate from Ralph Castilla Company. The Cash Back Coupon demonstrates to the builder that you learned about their homes from Ralph Castilla Company and are therefore eligible to earn a 1% Cash Back Rebate from Ralph Castilla Company. Offer is not valid if potential buyer is accompanied by a third party real estate agent during registration or contracting, or if potential buyer has registered with a third party real estate agent at the community previously.
The builder representative must sign and date your coupon. Unless otherwise noted on the website or coupon, your Ralph Castilla Company Cash Back Rebate will equal one percent of the base price of your home and will be paid after closing. The base price does not include options, upgrade or lot premiums.
NATURE OF USE
The contents of the Ralph Castilla Company Web Site are intended for the personal, non-commercial use of its users. All materials provided on the Ralph Castilla Company Web Site are protected by copyright and owned or controlled by Ralph Castilla Company 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 Ralph Castilla Company Web Site.
User may not store any significant portion of any content owned by or licensed to Ralph Castilla Company in any form. Copying or storing of any content other than for personal, non-commercial use is expressly prohibited.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright © 1998-2007 Ralph Castilla Company Realty Inc. and/or its suppliers, participating builders, or real estate professionals, 31117 Wildcat Drive, Bulverde, TX 78163, U.S.A. All rights reserved. Ralph Castilla Company is a service mark of Ralph Castilla Company Realty Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.
DISCLAIMERS AND LIMITATIONS
Ralph Castilla Company 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 Ralph Castilla Company at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Ralph Castilla Company 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 Ralph Castilla Company'S SERVICES IS AT YOUR OWN RISK. Ralph Castilla Company 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 Ralph Castilla Company'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 Ralph Castilla Company 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.
As a condition of use of this Web site, you agree to indemnify Ralph Castilla Company 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 Ralph Castilla Company's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
Ralph Castilla Company shall not be liable for, and the user hereby waives, any claims user may have against Ralph Castilla Company in any way relating to the property identified, listed or described in the Ralph Castilla Company 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 Ralph Castilla Company Web Site shall be against the homebuilders. Ralph Castilla Company 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 Ralph Castilla Company Web Site, the property listed or referenced thereon, or the construction of the home on such property.
LINKS TO THIRD PARTIES
Ralph Castilla Company's Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Ralph Castilla Company does not operate or control in any respect any information, software, products or services available on such Web sites. Ralph Castilla Company'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
Ralph Castilla Company is not responsible for any errors or delays in responding to a coupon request form or other registration form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Ralph Castilla Company, or to any acts or omissions for which you may contend Ralph Castilla Company 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 Bulverde or Comal County, 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 Ralph Castilla Company. In any arbitration, Ralph Castilla Company 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. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Bulverde, 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 Ralph Castilla Company 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 Ralph Castilla Company'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 Ralph Castilla Company, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Bulverde, 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.
This Agreement constitutes the entire agreement between you and Ralph Castilla Company and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Ralph Castilla Company 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.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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