Terms of Use

IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEB SITE, WHICH IS PROVIDED BY PRESERVEYOUREQUITY.COM. BY ACCESSING THIS WEB SITE, YOU ARE ACKNOWLEDGING AND ACCEPTING THESE TERMS OF USE. THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISPUTES. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY PRESERVEYOUREQUITY.COM AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS WEB SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Access To This Web Site

To access this Web Site or certain resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Web Site that all information you provide on this Web Site shall be correct, current, and complete. If Preserveyourequity.com believes the information you provide is not correct, current, or complete, Preserveyourequity.com has the right to refuse your access to this Web Site or any of its resources, and to terminate or suspend your access at any time.

Buyer, Seller, Homeowner Status/Accuracy

You represent and warrant that all of the information you have provided to this Web Site is true and complete and constitutes personally identifiable information. You represent and warrant that you are a potential purchaser, seller, or existing homeowner of any real property that you submit to this Web Site or are otherwise authorized to find or identify for purchase any and all real property submitted to this Web Site. You further represent and warrant that you are not now obligated under an exclusive agreement with any real estate agent or broker to find the submitted property for you to purchase.

Buying, Selling, and Financing Services

Buying, Selling, and Financing services are not administered by Marquis Enterprises, LLC, or Preserveyourequity.com, neither of which are licensed real estate or mortgage brokers. Marquis Enterprises, LLC d/b/a Preserveyourequity.com does not assist buyers, sellers, or existing homeowners in the purchase, sale, or financing of real estate. Instead, real estate and mortgage brokerage activities are performed by local licensed real estate and mortgage brokers. You authorize Preserveyourequity.com to forward your property and contact information, including personally identifiable information to Member REALTORS® or Member MORTGAGE BROKERS ("Member Information"). In addition, by completing and submitting a request for more information regarding a real estate listing, selecting or requesting contact with a Member REALTOR® or Member MORTGAGE BROKER, you understand and agree that you are extending an express invitation to a Member REALTOR® or Member MORTGAGE BROKER to call you by telephone and/or e-mail, at the numbers and e-mail addresses you have provided, and you hereby consent to any such calls and/or e-mail messages even if your phone number is on the Do Not Call list. When a Member Buyer requests to be contacted by a Member REALTOR® or Member MORTGAGE BROKER, Preserveyourequity.com sends an e-mail to the Member REALTOR® or Member MORTGAGE BROKER that contains Member Information. A Member REALTOR® or Member MORTGAGE BROKER may then contact the Member Buyer, Seller, or homeowner. A Member REALTOR® or Member MORTGAGE BROKER and a Member Buyer, Seller, or existing Homeowner may choose to enter into a transaction, but neither is obligated to do so. You understand that a Member REALTOR® or Member MORTGAGE BROKER may keep the Member Buyer, Seller, or Homeowner’s Information whether or not you communicate with a Member REALTOR® or Member MORTGAGE BROKER regarding a real estate purchase, sale, or financing and whether or not you complete a real estate transaction with a Member REALTOR® or Member MORTGAGE BROKER. Preserveyourequity.com is not liable for the conduct of Member REALTORS®, Member MORTGAGE BROKERS or Members Buyers, Sellers, or Homeowners in any respect. There is no agency relationship between Member Buyers, Seller’s, or Homeowner’s and Preserveyourequity.com.  Member REALTOR® and Member MORTGAGE BROKERS may be compensated a portion of your application fee to hold the Member REALTOR® and Member MORTGAGE BROKER on retainer.  Your use of this Web Site constitutes your agreement with this compensation arrangement. Any and all services may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply.

Restrictions On Use

You may use this Web Site for purposes expressly permitted by this Web Site. You may not use this Web Site for any other purpose, including by way of example and not by limitation, any commercial purpose, without Preserveyourequity.com’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Web Site, or (ii) frame this Web Site, or (iii) hyper-link to this Web Site, without the express prior written permission of an authorized representative of Preserveyourequity.com. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Web Site or content accessible within this Web Site. You agree to cooperate with Preserveyourequity.com in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Copyright/Proprietary Information

The material and content accessible from this Web Site, and any other Web Site owned, operated, licensed, or controlled by Preserveyourequity.com is the copyrighted, proprietary information of Preserveyourequity.com or the party that provided the Content to Preserveyourequity.com (the "Content"), and Preserveyourequity.com or the party that provided the Content to Preserveyourequity.com retains all rights, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Preserveyourequity.com, except that you may print a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Preserveyourequity.com’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Web Site.

Trademarks

Trademarks, service marks, and logos appearing in this Web Site are the property of Preserveyourequity.com or the party that provided the trademarks, service marks, and logos to Preserveyourequity.com. Preserveyourequity.com and any party that provided trademarks, service marks, and logos to Preserveyourequity.com retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Web Site. You may not use, remove, or alter any trademark, service mark and/or logo appearing in this Web Site.

Third Party Hyper-Links

This Web Site may be hyper-linked to other web sites which are not maintained by, or related to, Preserveyourequity.com. Hyper-links to such web sites are provided as a service to users and are not sponsored by or affiliated with this Web Site or Preserveyourequity.com. Preserveyourequity.com has not reviewed any or all of such web sites and is not responsible for the content of those web sites. Hyper-links are to be accessed at the user’s own risk, and Preserveyourequity.com makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the web sites hyper-linked to this Web Site. Further, the inclusion of any hyper-link to a third-party web site does not necessarily imply endorsement by Preserveyourequity.com of that Web Site.

Disclaimer

You understand that Preserveyourequity.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Web Site for the reconstruction of any lost data. Preserveyourequity.com does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date. Information obtained by using this Web Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your real estate listing needs, goals or other objectives.

YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PRESERVEYOUREQUITY.COM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PRESERVEYOUREQUITY.COM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRESERVEYOUREQUITY.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PRESERVEYOUREQUITY.COM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PRESERVEYOUREQUITY.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEB SITE OR ITS CONTENT. PRESERVEYOUREQUITY.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation On Liability

PRESERVEYOUREQUITY.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PRESERVEYOUREQUITY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PRESERVEYOUREQUITY.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO PRESERVEYOUREQUITY.COM FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You Understand and expressly agree to indemnify and hold Preserveyourequity.com, its subsidiaries, affiliates, licensors, content providers, shareholders, members, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content and any information accessed from this Web Site.

Security

Any passwords used for this Web Site are for individual use only. You will be responsible for the security of your password, if applicable. Preserveyourequity.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Preserveyourequity.com considers insecure, Preserveyourequity.com will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Web Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Preserveyourequity.com reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. Preserveyourequity.com reserves the right to investigate suspected violations of these Terms of Use.

Preserveyourequity.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Preserveyourequity.com to disclose the identity of anyone posting any information, personally identifiable information, Member Buyer Information, e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PRESERVEYOUREQUITY.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PRESERVEYOUREQUITY.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PRESERVEYOUREQUITY.COM OR LAW ENFORCEMENT AUTHORITIES.

Dispute Resolution

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND PRESERVEYOUREQUITY.COM WILL BE RESOLVED BY BINDING ARBITRATION. YOU ARE GIVING 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.

Any claim or controversy arising out of or relating to the use of this Web Site, to the goods or services provided by Preserveyourequity.com, or to any acts or omissions for which you may contend Preserveyourequity.com is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively settled in arbitration venued in Denver County, Colorado. The arbitration shall be held before one arbitrator under the commercial arbitration rules for the American Arbitration Association ("AAA") in force at that time. 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 and/or Member Buyer, Seller, or Homeowner shall select an arbitrator from a panel of arbitrators acceptable to Preserveyourequity.com. In any arbitration, Preserveyourequity.com will pay the filing fee, plus costs (which do not and shall not include attorneys’ fees) 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 demand for arbitration.

Any judgment upon an award rendered by an arbitrator may be entered in any court of competent jurisdiction in Denver, Colorado or Denver County, Colorado. 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  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.

Arbitration procedures are simpler but are 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 this Web Site and Preserveyourequity.com’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 Preserveyourequity.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Denver, Colorado or Denver County, Colorado. 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.

Miscellaneous

These Terms of Use shall be governed and construed in accordance with the laws of the State of Colorado, without regard to any rule or precedent governing conflicts of law. If any provision herein is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use constitute the entire agreement between you and Preserveyourequity.com and it supercedes all prior writings, proposals, communications or promises, whether written or oral, between you and Preserveyourequity.com with respect to this Web Site, the Content, and/or any and all services provided by Preserveyourequity.com. The section headings contained herewith are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use.