Terms of Services

Last Updated: January 3, 2018

Please read these Terms carefully before continuing on with your use of the Services. By accessing or using our services (defined below), you signify your agreement with these Terms of Service (these “Terms”) and all terms incorporated herein by reference. If you do not agree to all of these terms, do not access or use our services.

These Terms of Service contain a mandatory individual arbitration and class action waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By agreeing to these terms, you waive your right to bring lawsuit in court.

We fully support the principles of the Fair Housing Act and the Equal Opportunity Act.

As described in Section 14 below, you expressly acknowledge and agree that each of Coldwell Banker Hubbell BriarWood (“Broker”), Coldwell Banker Real Estate LLC (“Brand”) and Dolinski Group (“Agent”) have the right (and will be deemed to have accepted the right) to enforce these Terms.

1. These Terms

These Terms of Service (“Terms”) apply when you access or use the websites (collectively, the “Site”) of Dolisnki Group (“Company”, “we”, “us”, or “our”), our mobile applications and the services, content and materials made available on our site or mobile application (collectively, the “Services”).

We may, in our sole discretion, change or modify the Terms at any time. We may change the Terms, and will provide notice of changes by revising the “Last Updated” date at the top of this policy, and in some cases, we may provide you with additional notice through the Services or by email. Your continued use of the Service after notices constitutes your consent to the changed and amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Service.

All questions or comments about the Services should be directed to alexc@cb-hb.com

2. Use License

A. Accounts: You may opt-in, register, maintain or create an Account for the Service. You are responsible for all activity connected with your account, and the accuracy of all information relating thereto, contact, technical information, and login credentials. You will update any account information when it changes or notify us of any unauthorized use to your account. By providing us with your email address, you consent to us sending you Service-related notices. You must be 18 years of at to use the Service. This site is not intended for user under 18.

B. Service Rules: You will use the Service strictly in accordance with these terms, all documentation, the Privacy Policy and Applicable Law. You will not engage in any of the following activities:

Use the Service in violation of any third party license or agreement;
Use the Service to collect, process or store bank account information, medical information, personally identifiable information pertain to children under 13;
Frame, mirror, embed or otherwise incorporate any portion of the Service in any other service or product;
Remove, obscure, or alter any Intellectual Property Rights notice related to any part of the Service or Marks;
Send or store unsolicited, infringing, harassing, obscene, threatening, harmful or otherwise unlawful content; Or
Facilitate the transmission or use of malicious code, traps, or code that would allow any party to interfere with or access any portion of the Service;

C. Your Representations: You represent and warrant that you:

Are entitled to grant the rights and licenses to your Content under these Terms and none of your content will infringe any party’s intellectual property rights or violate applicable law;
Have the right and authority to enter into these Terms, and that by entering into or executing your obligations under these Terms, you will not be in breach or violation of the terms of any agreement with or obligation to any third party;
Are a prospective purchaser or seller of real property in the geographic areas where we are licensed and operating with a bona fide interest in the purchase or sale of such real property;
Have not signed any agreement with a real estate broker or agent that would prevent you from using Company or Broker as your sole and exclusive agent or broker, and do not have a contract or agreement with any third-party that would interfere with our representation of you;
Will not contact the owner or seller of any property from information gained through the Service, or attempt to enter property or speak with an owner or seller without an appointment set by us;
Agree that we may also represent other prospective buyers seeking to purchase properties that may meet your criteria.

D. Property Data Restrictions: In addition to other restrictions herein, for the avoidance of doubt, all property data provided on the Service is for your personal, sole and private, non-commercial use and not available for redistribution, retransmission or copying. You may not sell or use such data for any purpose, other than the purpose of attempting to evaluate properties or properties for sale or purchase. You acknowledge that the MLS data on the Service is owned by the respective MLS, and you acknowledge the validity of the MLS’s copyright to such data.

3. License and Copyright

The content, information, data, videos, designs, code, and materials associated with the Service are the proprietary property of Company and its licensors, and are protected by intellectual property and other laws. Any use, copy, redistribution, publish, display or form derivative works any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is prohibited. You do not acquire any ownership rights to any content, video and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms.

You are granted (information or software) on Services for the personal, non-commercial transitory viewing only. This is a grant of a license, not a transfer of title, and does not include the right to: (1) modify or copy the materials; (2) resell, lease, rent or sublicense any Service or any access to Services or any content, video or other material made available via the Services; (3) download (other than page caching) any content and other materials on or made available via Services, except as expressly permitted in connection with the Services; or (4) use content and material on or made available via the Services other than for their intended purposes, including, for example, removing any copyright or other proprietary notations from the materials.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon termination, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Data

You agree that the affiliated entities, including us, may collect, store, use and distribute information in accordance with the Privacy Policy, including in respect of your information and data. You will comply with the Privacy Policy.

5. Disclaimer

The materials on Dolinski Group are provided “as is” and “as available”. To the fullest extent permitted by law, Company makes no warranties of any kind, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet web site or otherwise relating to such materials or any sites linked to this site. Use of the service hereunder is at your sole risk. Without limiting the generality of the foregoing, Company, does not warrant that any portion of the service, content therein (including articles and videos) or MLS feed is accurate, reliable or correct; that the Service will be available at particular time or location, backed up, secure, or free from breach or interception of data. Company does not guarantee services are free of viruses or other harmful components. You should use industry-recognized software to detect and disinfect viruses from any download from the Services.

The Services are provided for informational purposes ONLY and should NOT be construed as legal, financial, or other professional advice or, unless otherwise expressly stated, as Brand, Broker, or Company’s official position on any subject matter. The Services should not be relied upon for the purposes of transacting in Real Estate, Securities, or other investments.

Dolinski Group is a real estate salesperson team affiliated with Coldwell Banker Hubbell-Briarwood and Coldwell Banker, and does NOT offer brokerage services, including, for example, the sale of real estate, independent of Coldwell Banker Hubbell-Briarwood and Coldwell Banker.

6. Limitation of Liability

In no event shall any affiliated entity, including us, or any of their employees, licensors, or contractors be liable for costs of procurement of substitute goods, loss of revenues or profit, loss of data, errors, omissions, miscalculations, misrepresentation of value or for any direct, indirect, special, incidental exemplary, or other damages. This limitation of liability applies even if any affiliated entity, including us, has been advised of the possibility of such damage. Since some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these may not apply to you. The limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdictions.

7. Links

Dolinski Group has not reviewed all of the sites linked to its internet web site and is not responsible for the content of any such linked site. The inclusion of any link does not imply endorsement by Dolinski Group of the site. Use of any such linked web site is at the user’s own risk.

8. Indemnification

You agree to defend, indemnify and hold harmless Company, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees, and agents (collectively, the “Company Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services (b) any Feedback you provide, (c) your breach of any of these Terms, or (d) your violation of rights of any third party.

9. Third-Parties

We may provide third-party content on the Services, including without limitation advertisements and promotional offers, and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). Company does not control and makes no endorsement or adoption of any Third-Party Content and makes no representation or warranties of any kind, including without limitations regarding its accuracy or completeness. You expressly relieve us from any and all liability arising from the use of any Third-Party Content. Your use of any Third-Party Content is at your own risk.

We may, in our sole discretion, delegate or subcontract the performance of any portion of the Service to third party service providers and make available Third-Party Products, including, for example real estate services, to you in connection with the Service. If you use a third-party service, you do so at your own risk.

When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. Please visit third-party websites and view their terms.

10. Confidentiality

Recipient may use disclosing party’s confidential information solely to perform recipient’s obligations or exercise its right hereunder. Recipient will not knowingly disclose, or permit to be disclosed, confidential information without prior written consent from Disclosing Party, except that Recipient may disclose confidential information to recipient’s employees, broker, brand, and/or subcontractors who have a need to know and who are bound in writing to keep such information confidential pursuant to confidentiality agreements containing nondisclosure obligations substantially similar to those in these Terms.

Recipient agrees to exercise due care in protect confidential information from unauthorized use and disclosure, and will not use less than the degree of care a reasonable person would use. The foregoing will not apply to information that: (1) is in public domain through no fault of recipient; (2) was properly known to recipient, without restrictions, prior to disclosure by disclosing party; (3) was properly disclosed to recipient, without restriction, by another person with legal authority to do so; (4) Recipient independently develops without use of disclosing party’s confidential information; (5) is expressly permitted to be disclosed pursuant to the terms of these Terms; or (6) is required to be disclosed pursuant to a judicial or legislative order or processing. Our confidential information includes these Terms, pricing, Intellectual property rights, and the Service.

11. Modification to the Services

Company reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that Company will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

12. Compliance

We do not provide compliance services. You agree that the Service is provided for your convenience only, and not for purposes of enabling you to meet your obligations under Applicable Law and third party agreements. You are solely responsible for ensuring compliance with such obligations.

13. Nature of Relationships

The relationship of the parties under these Terms will be that of independent contractors. Neither these Terms as a whole or any part of these Terms will render either party the agent, representative, servant, or employee of the other party. Neither party has the power, express or implied, to bind the other party in any manner or to make representations on behalf of the other party regarding any matter. Except as stated in the Agreement, we will in no way be restricted from using or commercializing all or any portion of the Service or performing or receiving any services from any third party including services the same as or similar to Service provided or received in connection with these Terms.

14. Governing Law

Any dispute regarding subject matter of these Terms will be governed by these Terms and the law of the State of Michigan without regard to its conflict of law provisions. You and Company agree that any action at law or in equity arising out of or relating to any actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property, or relating to these Terms shall be filed only in the state and federal courts located in Ingham County, Michigan and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

15. Arbitration

We may elect to resolve any controversy or claim arising out of or relating to the Terms or the Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Lansing, Michigan. The arbitrator’s award will be binding and may be entered as a judgement in any court of competent jurisdiction.

16. Termination

Company reserves the right, without advance notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your future access to and use of the Services.

17. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.