MukeshSwami Realty

TERMS OF USE


MukeshSwami is a licensed Real Estate Broker – California Bureau of Real Estate License #01039215

Please read this agreement ("Agreement") carefully before accessing or using this Website ("Site"). By accessing or using the Site, you agree to be bound by this Agreement. MukeshSwami, ("MukeshSwami") and its suppliers provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS AND NOTICES. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.

The information and services offered on this Site are provided with the understanding that neither MukeshSwami, nor its suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

MukeshSwami, and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While MukeshSwami, strives to keep the information on this Site accurate, complete and up-to-date, MukeshSwami, and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

In order to become a client of MukeshSwami, as a seller to list your home with MukeshSwami you will need to enter into a listing agreement, or buy a home with MukeshSwami you will need to enter into a buyer agreement.

PERSONAL AND NONCOMMERCIAL USE LIMITATION:
PROHIBITED USES


You may access, download and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by MukeshSwami, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of MukeshSwami, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

The User must be a prospective purchaser or seller of real property where MukeshSwami is licensed and operating. To register the User must be eighteen (18) years of age or older. Not meant for the use of other real estate licensees, who are not employed with MukeshSwami.

PROPRIETARY RIGHTS


This Site may contain hyperlinks to Web sites operated by parties other than MukeshSwami, or its affiliates. Such hyperlinks are provided for your reference only. MukeshSwami does not control such Web sites, and is not responsible for their contents. Inclusion of hyperlinks by MukeshSwami to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk.



NO UNLAWFUL OR PROHIBITED USE


As a condition of your use of this Site, you warrant to MukeshSwami, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.



LIABILITY DISCLAIMER


You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither MukeshSwami, nor its affiliates are responsible for those costs.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPO- GRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MukeshSwami, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL MukeshSwami, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHER- WISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MukeshSwami, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.



INDEMNIFICATION


You agree to indemnify, defend and hold harmless MukeshSwami, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.



LINKS TO THIRD PARTY SITES


This Site may contain hyperlinks to Web sites operated by parties other than MukeshSwami, or its affiliates. Such hyperlinks are provided for your reference only. MukeshSwami does not control such Web sites, and is not responsible for their contents. Inclusion of hyperlinks by MukeshSwami to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk.



CHANGES TO SITE


MukeshSwami, its affiliates and/or its suppliers may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. MukeshSwami, may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.



PRIVACY POLICY


The information you provide will not be shared with third parties, except when used to facilitate and provide the services for you and transactions within the Services. This may include, sharing your personal information with our Agents and third party partners and service providers, as applicable in connection with the Services.



MISCELLANEOUS


This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Failure by MukeshSwami, or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between MukeshSwami, and/or its affiliates and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of Santa Clara and/or the Northern District of California. MukeshSwami and other MukeshSwami, logos, product and service names are trademarks owned by licensed to MukeshSwami, or its affiliates (the "Marks"). Without the prior written permission of MukeshSwami, or its appropriate affiliates, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners.

If you have any questions or concerns regarding terms of using the Services, please send us a email to info@MukeshSwami.com.
Effective Date: June 6th, 2019.