Terms

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

VIDEO DISCLAIMER

Video Disclaimer: Although the information contained in these videos has been produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of the information. Any reliance placed on such information is therefore strictly at your own risk. Neither Nexus Home Sales, nor any of its employees, shall be held liable for any improper or incorrect use of the information described and/or contained herein, and Nexus Home Sales assumes no responsibility for other’s use of the information. In no event shall Nexus Home Sales or its employees be liable for any damages, including but not limited to direct, indirect, special, or consequential damages arising out of, resulting from, or in any way connected to the use of the information contained in these videos including any and all downloadable assets or checklists throughout the videos, whether or not based upon warranty, contract, tort, or otherwise, and whether or not injury was sustained by persons or to property. Real estate represents inherent financial risks and hazards, and the content contained herein is not intended in any way to be a substitute for professional advice or guidance. Prices for third-party services may vary depending upon geographic area, size of home, and other factors. Always be sure to consult your attorney or a licensed real estate broker if you have specific questions about compliance with any laws in your specific jurisdiction.

TERMS OF SERVICE

Fair Housing Act: JPRE Investments Company Inc. dba Nexus Home Sales fully supports the Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended). As such, Nexus Home Sales does not engage in business practices that discriminate against persons because of race, color, religion, national origin, sex, familial status, or handicap.

Welcome to www.nexushomesales.com. This website is owned by Nexus Home Sales, a marketing and information broadcasting company, which provides self-help advice for individuals (not businesses) on how to best position their homes for sale, (collectively, the “Services”) who want to learn more about real estate and how to sell their own home. At its discretion, Nexus may outsource to licensed real estate professionals, including Jocelyn Dunham, Broker California License #01369556 and others, for general real-estate-related assistance.  Nexus Home Sales may also be referred to throughout these Terms of Service as “Nexus.” 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE AND SERVICES PROVIDED BY NEXUS (“we”, “us” or “our”).

These Terms of Service (“TOS” or “Terms”) govern your access to and use of the website, mobile application or other online service provided where these Terms are posted (collectively, the “Site”). By clicking an “Accept”, “Register” or similar button or icon, connecting to the Site through a third party such as Facebook or by using the Site in any manner, you agree to be bound to these Terms and agree to our privacy policy, whether or not you registered with the Site. We reserve the right to deny access to any person who violates these Terms.

Disclaimers and Limitation of Liability. While Nexus uses reasonable efforts to include accurate and up-to-date data and information on the Site, we make no warranties or representations as to its accuracy and timeliness and assume no liability or responsibility for any error or omission. Nexus has no responsibility for actions of third parties or for information provided or posted by others. Nexus does not represent or warrant that use of the Services will not infringe rights of third parties.

Use of www.nexushomesales.com is at your own risk. All Services are provided “as-is” and “as available.” All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties that the Services and Site will meet your requirements or be uninterrupted, timely, secure or error free, are specifically disclaimed. Nexus and its affiliates and related companies are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property. Some jurisdictions do not allow the exclusion of certain implied warranties, so certain of the above exclusions may not apply to you. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warranty shall be the minimum required under applicable law.

The Site contains facts, views, opinions, statements and recommendations of third-party individuals and organizations. Nexus does not represent or endorse the accuracy, timeliness, or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site or services. Any reliance upon any such opinion, advice, statement or information is at your sole risk.

In no event shall Nexus, or its affiliates, employees, agents, content providers, service providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to loss of data, loss of good will, profits, or commercial opportunities; unauthorized access to or alteration of your transmissions or data; the services or any errors or omissions in the services or related content, even if advised of the possibility of such damages. In no event shall Nexus, its affiliates, related companies, employees, agents, content providers, service providers or licensors be liable for any amount for direct damages in excess of $100. In no event shall Nexus, its subsidiaries, affiliates, employees, agents, content providers, service providers or licensors be liable for any direct damages after your account remains inactive for a period of one (1) year.

YOU ACKNOWLEDGE AND AGREE, AND NEXUS FULLY DISCLAIMS, THAT BY PROVIDING THE SERVICES AND CONTENT ON THIS WEBSITE, NEXUS IS IN NO WAY ACTING AS A REAL ESTATE BROKER, SALESPERSON OR OTHER REAL ESTATE LICENSEE.  ALL SERVICES AND CONTENT IS PROVIDED ONLY TO ASSIST INDIVIDUALS SELL THEIR OWN PROPERTIES AND IN NO WAY TO REPRESENT THEM IN CONNECTION THEREWITH.

Indemnity. You agree to indemnify, defend and hold harmless, Nexus, its parent, subsidiaries, and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of Nexus’s Services or Site; (2) Nexus’s use of any content or information you provide, as long as such use is not inconsistent with these Terms; (3) information or material posted or transmitted through your Account, even if not posted by you; and (4) any violation of these Terms, including a breach of your representations and warranties.

Personal Use Only. You agree and acknowledge that your use of the Services is for personal, non-commercial purposes only. That is, you are using the Services to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on the Site, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own.

Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with the Site (with the exception of User Content as defined below), including, for example, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by Nexus, and/or its licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a website and wish to link to the Site, you may do so provided you agree to stop such link upon request from us. No other use is permitted without our prior written permission. The permitted use described in this section is contingent on your compliance at all times with these Terms.

You may not republish any portion of the Content on any Internet, Intranet, extranet site or any other publication, or incorporate the Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way, and not to use any data mining, data gathering or extraction method.

Requests to use Content for any purpose other than as permitted in these Terms should be directed to [email protected] In certain cases, you may be able share listings that appear on the Site through online functionality we have specifically designated (e.g., to e-mail a link to a friend).

Limitations Period. You agree that any claim, controversy, or dispute with Nexus, or its subsidiaries, affiliates, or related companies must be brought within one (1) year of when the claim, controversy, or dispute arose or first accrued, or such claim, controversy or dispute will be barred.

Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the Site, your access and use will be governed by the Terms then present on the Site and in effect. If you object to any such changes, your sole recourse shall be to stop using the Services. Continued use of the Services following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.

Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services or any part of the Services. Modification of the Services can include, but is not limited to, any change to the Site or content contained therein, changes to the administrative tools or functionality of the Site, modification of the “look and feel” of the Site, changes to the format of a property listing or any other part of the Site, and the inclusion of advertising links in association with a property listing or other content available on the Site. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services. If you object to any modifications to the services, your sole and exclusive recourse shall be to stop using the Services. Continued use of the Services following notice of and/or posting as part of these Terms of any such modifications shall indicate your acknowledgement of such modifications and satisfaction with the Services as so modified.

Governing Law. You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this Web site shall be filed only in the state or federal courts located in San Diego County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and Nexus with respect to your access to the Site and your use of the Services and supersede all prior agreements or negotiations. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Terms shall continue in full force and effect. Any failure of Nexus, to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision. The Section and paragraph headings used in these Terms are purely for convenience and effect are for illustrative purposes only. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to Nexus, any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.

Contact Us. For questions regarding the Site or the Services, e-mail [email protected], or send a letter by mail to:

Nexus Home Sales
Attn: Support Department
1060 La Mirada Ct.
Vista, Ca. 92081

Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Nexus, in appropriate circumstances, to terminate the account of a user who is deemed to infringe third party intellectual property rights or to remove content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on www.nexushomesales.com, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material you claim is infringing is located on the site (providing us with a listing number or website URL is the quickest way to help us locate content quickly);

your address, telephone number, and e-mail address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our copyright agent can be reached as follows: [email protected]

Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to Nexus’s designated Copyright Agent (see above for contact information), that includes substantially the following information (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

an electronic or physical signature of the Customer;

a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a listing number or website URL is the quickest way to help us locate content quickly);

your address, telephone number, and e-mail address;

a statement by you, under penalty of perjury, that you (the Customer) have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

a statement by you that you (the Customer) consent to the jurisdiction of the Federal District Court for the judicial district in which the Customer’s address is located, or if the Customer’s address is outside of the United States, for any judicial district in which www.nexushomesales.com may be found, and that the Customer will accept service of process from the person who provided notification under Section 28 or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Customers who are repeat infringers.

Location: You understand and acknowledge that NEXUS controls and operates this Web site from within the United States of America. This Web site provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Web site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Web site.

User IDs and Passwords: Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Web site. You agree to notify NEXUS immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Web site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

The Internet as an Open Network: While certain designated parts of this Web site employ technologies to secure your data and the transmissions between you and NEXUS, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.

Recording & Monitoring of Communications: Your communications with us via the Web site, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. The company disclaims any representation or warranty that company e-mails are virus free and/or error free. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.

Prohibited E-mail Content: All of our Team Members are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our Team Member’s employment. The Company does not accept any liability in respect of such communication, and the Team Member responsible will be personally liable for any damages or other liability arising. Please report any such violations to NEXUS at [email protected] The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our Team Members is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of the Company’s e-mail facilities for purposes of to soliciting our Team Members to breach their employment agreements or to interfere with their employment status with our Company is strictly prohibited.

Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.

Confidential Information: E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the e-mail should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.

Permission to Be Contacted: By submitting information to Nexus through the Web site or otherwise, you are making an inquiry as to NEXUS’S programs and services and give Nexus and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.

Opt Out: e-mails sent by www.nexushomesales.com may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service not already purchased. If you do not wish to receive advertising and promotional messages from www.nexushomesales.com, you may opt-out by sending an e-mail to [email protected].

SAMPLE OF CLIENT REPRESENTATION SUPPLEMENTAL TERMS AND CONDITIONS

FOR GOLD AND PLATINUM CLIENTS

  1. Listing Agreement. Client agrees to enter into the Listing Agreement with Jocelyn Dunham, Broker providing for a zero percent (0.00%) sales commission to Jocelyn Dunham, Broker, which Client may cancel at any time by providing written notice to Jocelyn Dunham.

  2. Nexus Gold and Platinum Packages.  In addition to the foregoing, Client has agreed to purchase the following additional Nexus services performed by Jocelyn Dunham, Broker:

Service

Cost

SAMPLE SERVICE 1

TBD

SAMPLE SERVICE 2

TBD

SAMPLE SERVICE 3

TBD

   

CLIENT UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT THE FOREGOING SERVICES ARE THE ONLY SERVICES THAT THE BROKER LISTED UNDER THE LISTING AGREEMENT WILL PROVIDE UNLESS AND UNTIL CLIENT ELECTS TO PURCHASE ADDITIONAL SERVICES AT CLIENT’S SOLE DISCRETION.

  1. Commission to Buyer’s Broker. Client understands and agrees that it may be in Client’s interest to and may facilitate the sale of Client’s property to pay a sales commission to any real estate broker that is representing the buyer in a sale transaction for Client’s property.  The amount of the commission paid to buyer’s broker is entirely within Client’s discretion.

  2. Optional Listing on MLS; Commission to Buyer’s Broker. Client understands and agrees that in order to maximize the exposure of Client’s property and attract as many potential buyers as possible, Jocelyn Dunham, Broker recommends that Client inputs their property listing in the local MLS for an additional flat fee of $495. In the event Client elects to list Client’s property in the MLS, Client agrees to pay a buyer’s broker a commission up to a maximum of 2.5% of the final sales price.

  3. Discretionary Refunds. Upon the successful sale of Client’s property, Broker may request that Nexus refund a minimum of $250.00 up to the entire amount of Client’s Nexus tuition. Any refund shall be determined solely in Nexus’ sole and absolute discretion depending upon many factors, including, but not limited to, the extent to which Client followed Nexus’ recommendations in the Nexus course chapters.  Any refunds given shall be of the course fees only and not for any extra services that Client may have purchased, unless the service was not used by Client prior to cancellation of the Listing Agreement or close of sale of Client’s property.  Further, refunds shall only be provided if Client agrees to forego the Nexus training platform and enter into a traditional exclusive and full-service brokerage agreement with Jocelyn Dunham, Broker at the following rates:

Sales Price

Fixed Listing Fee

$250,000 and below

$2,500.00

$251,000 - $500,000

$5,000.00

$501,000 - $750,000

$7,500.00

$751,000+

$10,000.00

In addition to the foregoing, Client agrees to pay a commission to buyer’s broker of up to 2.5% of the final sales price.

  1. Indemnification.  Client hereby agrees to indemnify and hold Nexus, Jocelyn Dunham, Broker, their agents and employees harmless from and hereby waives any and all claims that Client may now have or have in the future against Nexus, Jocelyn Dunham, Broker, their agents and employees arising from or relating to any of Client’s own actions or failure to act. 

  2. These terms and conditions shall be deemed a part of and a single instrument with the Listing Agreement.  The foregoing terms and conditions are incorporated into the Listing Agreement and made a part thereof. In the event of any conflict between the Listing Agreement and these terms and conditions, these terms and conditions shall govern and control.

 

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