Terms of Service

You are entering a binding contract with Millenia Real Estate, its subsidiaries, the website www.milleniare.com, and the real estate professionals or lenders who use it and their parents, subsidiaries, and affiliates (the “Company,” “us,” “we,” and “our”). By (1) using this website www.milleniare.com (“browse wrap”), and (2) by submitting your information and clicking to agree to these Terms of Service and Privacy Policy (“click wrap”), you agree that you are giving your express written consent to all the terms below, as well as our Privacy Policy, both of which contain an Arbitration Agreement and Class Action Waiver. You agree that your doing so constitutes your electronic signature and is equivalent to a written signature. You may choose to receive this contract on paper by emailing us at [email protected]. You may withdraw this consent by using the opt-out procedures described in the “Our Communications With You” section below.

By accessing milleniare.com, you are consenting to the information collection and use practices described in the Privacy Policy.

Our Communications With You

(TCPA Consent for United States Residents)

EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE.

E-MAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS).

AUTODIALING. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.

NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.

REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS, OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT, BUT REPLY “STOP” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER TEXT COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.” YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE EMAIL COMMUNICATIONS BY USING THE “UNSUBSCRIBE” LINK IN AN EMAIL OR ON THE WEBSITE OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT OF EMAIL, BUT “UNSUBSCRIBE” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER EMAIL COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP EMAIL COMMUNICATIONS IF YOU USE A METHOD OTHER THAN “UNSUBSCRIBE.” THE “UNSUBSCRIBE” LINK WILL ALSO PERMIT YOU TO STOP TEXT COMMUNICATIONS.

COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL REAL ESTATE PROFESSIONAL WHO COMMUNICATES WITH YOU WILL DETERMINE IT.

Your consent here also serves as your express written consent to electronic communications from us in the past.

You represent and warrant that:

You are at least 18 years old

You live in the United States (or Canada, in which case the Canadian consents below apply)

You have not registered on a national or statewide Do Not Call list

You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent

The email addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual

Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

ADDITIONAL COMMUNICATIONS PROVISIONS

(For Residents of Canada)

In addition to the consent provided above in the “Our Communications With You (United States)” section, Canadian residents agree to the following provisions related to compliance with Canada’s Anti-Spam Legislation (“CASL”), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), and Canadian provincial laws, including Alberta’s Personal Information Protection Act (“PIPA”), and Quebec’s Act Respecting the Protection of Personal Information in the Private Sector:

You agree to the provisions governing the use and disclosure of personal information found in our Privacy Policy.

Because the purpose of our communications includes your interest in future real estate purchases, our communication with you will continue until you revoke your consent or opt-out, which indicates you are no longer considering real estate opportunities.

Your personal information may also be transmitted to, used in, and stored in the United States.

DISPUTE RESOLUTION – ARBITRATION AGREEMENT

(Mandatory Binding Arbitration and Class Action Waiver)

READ THIS ARBITRATION AGREEMENT CAREFULLY, AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For example, if we elect to require you to arbitrate any claim, you will not have the right to a jury trial or to participate in a class action in court or arbitration.

Your Right to Reject Arbitration

You have the right to reject this Arbitration Agreement by emailing a rejection notice to [email protected], Attn: Terms of Service Arbitration Rejection, within 30 days after you agree to these Terms of Service. Your rejection notice must include your name, address, and telephone number; the date you agreed to the Terms of Service that your rejection applies to; and your signature. Rejection applies only to this Arbitration Agreement and does not affect any prior or future agreements.

What Claims Are Covered

“Claim” means any dispute between you and us arising from or related to the Terms of Service, Privacy Policy, or your use of our services or website, including but not limited to:

Your account

Communications between us

Real estate services provided

Any legal obligations or regulations (including the Telephone Consumer Protection Act)

Claims for monetary, injunctive, or declaratory relief

“Claim” includes disputes based on contract, tort, fraud, statute, equity, and more. However, it does not include:

Disputes about the validity or scope of this Arbitration Agreement (decided by a court)

Applications for temporary court relief (e.g., injunctions)

Self-help remedies or small claims court actions

Class actions filed before the effective date of this agreement in which you are a named class member

Electing Arbitration

Either party may initiate arbitration by providing written notice or filing a motion to compel arbitration. If the court compels arbitration, the party asserting the claim is responsible for initiating the arbitration proceeding.

Choosing the Administrator

The initiating party must choose one of the following administrators:

American Arbitration Association (AAA) – www.adr.org

JAMS – www.jamsadr.org

If neither can serve, we and you will mutually select another arbitrator or a court will appoint one. All arbitrators must be licensed attorneys with at least 10 years of experience or retired judges.

Class Action Waiver

Regardless of any contrary provisions in the Terms of Service or Privacy Policy, if arbitration is elected:

You and we may not participate in class or representative actions in court or arbitration.

Claims may not be joined or consolidated with those of other parties.

No arbitrator may override this waiver. However, this does not apply to government agency actions filed on behalf of a class.

Location of Arbitration

Arbitration hearings you attend must occur in a location reasonably convenient to your residence.

Cost of Arbitration

We will cover arbitration fees that exceed the standard court filing fees, upon written request. If you've already paid to file in court, you will not be charged again. You may also seek a waiver of fees directly from the arbitration administrator.

We will always pay any fees we are legally required to cover for this Arbitration Agreement to be enforceable.

GOVERNING LAW

The Terms of Service and Privacy Policy represent a transaction involving interstate commerce and, therefore, this Arbitration Agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not by any state arbitration laws. The arbitrator will not be bound by judicial rules of procedure or evidence that apply in court or by any state or local laws concerning arbitration. However, the arbitrator will apply statutes of limitations and evidentiary privileges as a court would.

The arbitrator may hear and rule on motions to dismiss, for summary judgment, or other dispositive motions. In awarding relief, the arbitrator will apply the same substantive law that a court would, including the right to award any damages or remedies available under law—such as punitive damages (subject to constitutional limits), or equitable relief—but only to the individual party bringing the claim.

We will pay reasonable attorney, expert, and witness fees in individual arbitration proceedings, if:

Required by applicable law,

The arbitrator awards you such fees because you prevailed, or

We must cover these fees to enforce the Arbitration Agreement.

We will never ask you to reimburse arbitration fees we cover—unless:

The arbitrator finds you acted in bad faith under the standards of Federal Rule of Civil Procedure 11(b), and

That ruling does not invalidate the agreement.

At either party’s request, the arbitrator must issue a brief written explanation of the award.

DISCOVERY RIGHTS

Both parties may conduct discovery as allowed by the Administrator’s rules. You or we may also request expanded discovery, which the arbitrator has discretion to grant or deny.

ARBITRATION RESULTS & RIGHT TO APPEAL

The arbitrator’s decision is binding and enforceable in any court with jurisdiction. If the amount of the Claim exceeds $25,000, either party may appeal the decision to a three-arbitrator panel within 30 days. The appeal will be de novo, meaning the panel will independently review all facts and law. The decision of the appeal panel is final and may be reviewed by a court only under the FAA.

RULES OF INTERPRETATION

This Arbitration Agreement survives termination of the Terms of Service, legal proceedings, and bankruptcy filings (to the extent permitted by bankruptcy law).

If any provision is found unenforceable, the rest remains in effect, except:

(A) The Class Action Waiver is essential and not severable. If it is limited or voided, this entire Arbitration Agreement becomes null and void for that proceeding (though you may appeal that decision).

(B) If a court finds that Claims for public injunctive relief cannot be arbitrated due to the Class Action Waiver, those claims will be handled in court. Individual claims for monetary relief will still be arbitrated first, and the court claim will be paused until that process concludes.

NOTICE OF CLAIM; RIGHT TO RESOLVE; SPECIAL PAYMENT

Before filing arbitration or litigation, the Claimant must send a Claim Notice and give the other party at least 30 days to resolve the issue.

A valid Claim Notice must include:

Your name, address, and phone number

Your loan or account number (if any)

A description of the Claim and the relief sought

You must submit a Claim Notice on your own behalf. If:

You send a valid Claim Notice,

Millenia Real Estate refuses to resolve the issue before arbitration is filed,

And the arbitrator finds in your favor,

Then Millenia Real Estate will award you at least $7,500, plus any additional damages or fees you’re entitled to under applicable law or this Arbitration Agreement. This amount is a single award regardless of how many claims are submitted.

GOVERNING LAW

These Terms of Service are governed by the laws of the State of California, without regard to conflicts of law principles, except the Arbitration Agreement, which is governed by the Federal Arbitration Act (FAA).

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

This website is provided by Millenia Real Estate on an “AS IS” and “AS AVAILABLE” basis.

Millenia Real Estate makes no warranties, express or implied, about:

Website operation,

Accuracy of content, or

Suitability of products or services.

You agree to use the website at your own risk. To the fullest extent allowed by law, Millenia Real Estate disclaims all warranties, including implied warranties of merchantability and fitness for a particular purpose.

Millenia Real Estate does not guarantee the website, servers, or emails are free from viruses or other harmful components.

In no event shall Millenia Real Estate be liable for any damages (including direct, indirect, incidental, punitive, or consequential), even if advised of the possibility of such damages.

PURPOSE OF OUR WEBSITE

The purpose of milleniare.com is to connect users with real estate professionals, mortgage lenders, service providers, and property data. Access to these professionals requires submission of your personal information, which will be used to support your real estate needs.

Once you are contacted by a third party, any agreement entered is solely between you and that provider.

COPYRIGHT & TRADEMARKS

© 2022 milleniare.com. All content on this site (text, graphics, images, downloads, etc.) is owned by Millenia Real Estate, local MLS, or affiliated parties and is protected by copyright and other intellectual property laws.

You may not copy, modify, repost, or reuse this content without express written permission. Framing of any content is strictly prohibited.

LICENSE

Millenia Real Estate grants you a limited license to access and use this website for personal use only. You may not download, reproduce, or exploit this site or any part of it for commercial purposes without our written consent.

PROFESSIONAL REAL ESTATE ADVISORS

Millenia Real Estate and its affiliates do not provide legal, financial, or accounting advice. All content is provided for informational purposes only.

Before making any real estate decision, you should consult with a licensed attorney or financial advisor. Millenia Real Estate is not liable for any outcomes related to your use of information or contacts found through the site.

USER OBLIGATIONS

By submitting information on this site, you represent that:

You are of legal age;

You are actively looking to buy or sell property;

You are not bound by an exclusive agreement with another agent (or are seeking to terminate it);

You consent to being contacted by Millenia Real Estate or affiliated professionals by phone, email, or SMS.

LINKS TO OTHER SITES

Millenia Real Estate may include links to third-party providers. These are offered for your convenience only. We are not responsible for their content, policies, or services and do not endorse them.

YOUR CONSENT TO FUTURE CHANGES

We reserve the right to update our Terms of Service and Privacy Policy at any time. Changes are effective immediately upon posting, and your continued use of the site confirms your acceptance.

If you wish to opt out of future changes, you must send written notice to [email protected]. Opt-outs are effective 10 days after receipt and will preserve the prior version of the agreement applicable at the time of your submission.

Effective as of: September 1, 2022 

Last updated: September 28, 2022