Disclaimer of Warranties
To the extent permitted by law, Nexstar Homes makes no representations or warranties regarding the service, applications or content that you receive from us, and disclaim any warranties or representations, express or implied, including any warranties of merchantability or fitness for a particular use. This service offered to the public by provider could include inaccuracies, other errors or may not function in the manner you anticipated. Furthermore, we are not responsible for circumstances beyond our control, including, without limitation, acts or omissions of others or acts of god. We do not promise error-free service. We will not be liable for any delays in the receipt of any sms messages as delivery is subject to the effective transmission from your network operator. We will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via our service. Nexstar homes cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.
Limitation of Liability
Neither Nexstar Homes, directors, officers or employees, or any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of our Service, or resulting from the act or omission of any other party involved in providing our Service, or from any other cause relating to your access to, inability to access, or use of our Service, whether or not the circumstances giving rise to such cause may have been within the control of Nexstar Homes or of any vendor providing software or services. In no event will we or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if we have been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access or security issues, theft, operator errors, strikes or other labor problems or any force majeure. Nexstar Homes cannot and does not guarantee that our Service will be continuous, uninterrupted, or secure. You agree to indemnify Nexstar Homes, directors, officers or employees, or any third party vendor in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Choice of Law
If any disputes arise between us regarding your use of this website, such disputes shall be resolved according to the laws of the State of Arizona.
Arbitration of Claims and Disputes; Waiver of Jury Trial; Waiver of Participation in Class Actions
The parties agree that any dispute, controversy or claim arising from or relating in any way to this Agreement or the services provided pursuant to this Agreement not resolved through negotiation may only be pursued individually and exclusively and finally resolved by arbitration. (However, any dispute concerning the validity or enforceability of this arbitration provision must be decided by a court; any dispute concerning the validity or enforceability of the Agreement as a whole is for the arbitrator). The arbitration shall be administered by the American Arbitration Association ("AAA"), according to its Consumer Arbitration Rules unless the parties mutually agree on another administrator or other procedures. If the AAA is unable to serve as administrator and the parties cannot agree on a replacement, a court with jurisdiction will select the administrator or arbitrator. The Federal Arbitration Act, 9 U.S.C. § 1, et. seq., governs the interpretation and enforcement of this provision because this Agreement relates to a transaction in interstate commerce. The parties waive any right (a) to a trial by jury or (b) to participate in a class action in court or in class-wide arbitration, whether as a class representative, class member or otherwise. Further, unless the parties otherwise mutually agree, the arbitrator shall not consolidate more than one person's claims, and may not otherwise preside over any type of representative or class proceeding. If a determination is made in a proceeding involving the parties to this Agreement that the class action waiver is invalid or unenforceable, only this sentence of this arbitration provision will remain in force and the remainder of this arbitration provision shall be null and void, provided that the determination concerning the class action waiver shall be subject to appeal.
If any provision of these Terms are determined to be invalid or unenforceable by a court or any governmental agency having competent jurisdiction, then the remainder of these Terms will not be affected.
Important Disclosure Regarding Telemarketing Messages and Calls
By providing your mobile number, you authorize us to deliver and cause to be delivered to you text messages and telemarketing telephone calls using an automatic telephone dialing system (i.e. autodialers) and an artificial or prerecorded voice, including but not limited to text messages and telemarketing telephone calls containing advertisements and telemarketing messages. You are not required to provide your mobile number or enter into this agreement as a condition of purchasing any property, goods, or services.
Change in Terms
We may, at any time, change, amend, modify, add, or delete these Terms with or without notice to you. If we make any changes to these Terms, we revise the "Effective Date" as it appears at the top of these Terms and the changes will become effective when we post the revised Terms. You should review the Terms periodically for any changes. Your continued enrollment in the Mobile Alerts following the posting of the revised Terms will constitute your acceptance of the changes.