Terms of Use

Please read these Terms of Use (this "Agreement") carefully. This Agreement is a legal agreement between you and DiLorenzo & Associates ("DiLorenzo & Associates," "we," "us," or "our") governing your access to and use of our website at www.dilorenzoassociates.com, our online contact and home-valuation forms, our email and text messages, and any other digital tools we provide to you (collectively, the "Services").

By using the Services, submitting a form, or otherwise interacting with our digital tools, you agree to this Agreement and any changes to it. "You" and "your" mean both the individual using the Services and any entity on whose behalf you are acting.

Mitchel DiLorenzo, Jeannine DiLorenzo, and the agents of DiLorenzo & Associates are licensed New Mexico real estate brokers operating as independent contractors of a Keller Williams® Market Center. Real-estate brokerage services are provided through that Keller Williams® Market Center, and your engagement of those services is governed by a separate written agreement (such as a buyer-broker agreement or listing agreement) with us. This Agreement governs only your use of the Services described above; it does not replace or modify any brokerage agreement you sign with us.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS-ACTION WAIVER (SECTION 14) THAT REQUIRES MOST DISPUTES TO BE RESOLVED INDIVIDUALLY IN ARBITRATION RATHER THAN IN COURT.

1. Effective Date and Changes

The "Last Updated" date above shows when this Agreement was last changed. We may change this Agreement at any time by posting a revised version on the Services. Your continued use of the Services after a change means you accept the revised Agreement. We may modify or discontinue all or part of the Services at any time without liability.

2. License to Use the Services

Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use in connection with a real-estate need (such as searching for a home or considering a sale). We retain all right, title, and interest in the Services and all content we provide. Listing content displayed on the Services is provided by our MLS and other licensors and is subject to their terms.

3. Accounts and Communications

Certain features (such as saved searches or alerts) may require you to register an account. You are responsible for the accuracy of the information you provide, for keeping your login credentials confidential, and for all activity that occurs under your account.

By providing your email address, phone number, or other contact information, you authorize us to contact you about real-estate products and services at the address and phone number you provided, including by automated dialing systems, pre-recorded or artificial voice messages, and SMS/MMS, even if your number is on a federal, state, or internal Do Not Call list. Consent is not a condition of any purchase. Message and data rates may apply, and message frequency may vary. You may opt out at any time by replying "STOP" to a text or by following the unsubscribe link in our emails. See our Privacy Policy for more information.

SMS Terms and Conditions

1. We use SMS to confirm appointments, send reminders, and notify clients of schedule updates or important changes.
2. You can cancel the SMS service at any time. Just text "STOP". After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program, you can reply with the keyword "HELP" for more assistance, or you can get help directly at Mitchel@dilorenzorealestategroup.com.
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our privacy policy: www.dilorenzoassociates.com/privacy.

4. Information You Provide

With respect to any information you provide to us through the Services, you represent and warrant that:

• You will comply with all laws applicable to the information you provide;
• The information is and will remain accurate and complete, and you will update it as needed; and
• You have all rights and permissions necessary for us to use the information as described in this Agreement and our Privacy Policy.

5. Your Conduct

You agree that you will not:

• Use the Services for any unlawful, fraudulent, or tortious purpose, or in violation of any federal, state, or local law or regulation (including fair-housing laws);
• Post or transmit any content that is threatening, harassing, defamatory, obscene, discriminatory, or that infringes any copyright, trademark, privacy, publicity, or other proprietary right;
• Introduce any virus, worm, Trojan horse, time bomb, spyware, or other harmful code into or through the Services;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Send spam, chain letters, or other unsolicited communications through the Services;
• Harvest or collect information about other users of the Services;
• Interfere with or disrupt the Services or the servers and networks used to provide them, or attempt to circumvent any security feature;
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, distribute, frame, mirror, or otherwise exploit any portion of the Services or listing content, including by systematic downloading or scraping;
• Reverse engineer, decompile, or disassemble any portion of the Services;
• Remove or alter any copyright, trademark, or other proprietary-rights notice from the Services; or
• Use any robot, spider, scraper, or artificial intelligence tool to retrieve, index, scrape, data-mine, or otherwise gather content from the Services, including for the purpose of training or improving any machine-learning model or AI system, without our express prior written consent.

We may monitor your use of the Services to determine compliance with this Agreement and may remove any content or suspend any account at our discretion. You are solely responsible for identifying and complying with any laws and regulations that apply to your use of the Services.

6. Third-Party Materials and Links

The Services may include content, tools, and links provided by third parties — including MLS listing data, mapping providers, mortgage calculators, lender or service-provider directories, and Keller Williams systems. We do not endorse and are not responsible for any third-party content, websites, products, or services. Your use of any third-party site or service is governed by that third party's terms and privacy policy.

7. Listing Information; Accuracy

Information about properties and neighborhoods on the Services is provided for general informational purposes only and is sourced from third parties, including our MLS, public records, and brokers. We believe such information to be reliable but do not guarantee its accuracy, completeness, or currency. Square footage, lot size, taxes, school assignments, HOA dues, zoning, and similar details should be independently verified by you and your professional advisors before making any decision. Listings are subject to prior sale, change, or withdrawal without notice.

8. Equal Housing Opportunity

We are committed to the principles of the Fair Housing Act and Equal Housing Opportunity. We do not discriminate on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, gender identity, or any other class protected by federal, state, or local law.

9. Feedback and Submissions

If you submit reviews, testimonials, comments, photos, or other content to us through the Services or social channels (each, a "Submission"), you grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, and sublicensable license to reproduce, distribute, display, modify, and otherwise use the Submission in connection with our marketing and operation of the Services, consistent with our Privacy Policy. You represent that you own or have the necessary rights to grant this license.

10. Intellectual Property

The Services, including all text, graphics, logos, images, photographs, and software, are owned by DiLorenzo & Associates or our licensors and are protected by United States and international intellectual-property laws. "DiLorenzo & Associates" and our logo are trademarks of DiLorenzo & Associates. "Keller Williams®," "KW®," and associated logos are trademarks of Keller Williams Realty, LLC. All other trademarks are the property of their respective owners. Nothing on the Services grants you any license to use any of these marks without the owner's prior written consent.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR ANY LISTING INFORMATION WILL BE ACCURATE, COMPLETE, CURRENT, UNINTERRUPTED, OR ERROR-FREE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL DILORENZO & ASSOCIATES, ITS AGENTS, OWNERS, OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST-OF-COVER, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnity

You agree to defend, indemnify, and hold harmless DiLorenzo & Associates and its agents, owners, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Services, or (b) your violation of this Agreement.

14. Governing Law; Dispute Resolution; Class-Action Waiver

This Agreement is governed by the laws of the State of New Mexico, without regard to its conflicts-of-law principles.

ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL-CLAIMS COURT. Before initiating arbitration, the parties agree to attempt in good faith to resolve the dispute through informal negotiation for at least sixty (60) days after written notice.

If the dispute is not resolved through informal negotiation, it will be administered by the American Arbitration Association under its Consumer Arbitration Rules, by a single arbitrator. The arbitration will take place in Albuquerque, New Mexico, or by telephone or video at the consumer's election. The arbitrator's award may be entered in any court of competent jurisdiction. Nothing in this Section prevents either party from seeking injunctive or equitable relief to protect intellectual-property rights.

YOU AND DILORENZO & ASSOCIATES EACH AGREE THAT ANY ARBITRATION OR PROCEEDING WILL BE LIMITED TO THE DISPUTE BETWEEN US INDIVIDUALLY. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE-ATTORNEY-GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL. Real-estate disputes arising under a separately signed brokerage agreement are governed by the dispute-resolution terms of that agreement and applicable New Mexico real-estate law.

15. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason — including if we believe you have violated this Agreement. Provisions that by their nature should survive termination will survive, including Sections 10 through 14 and 17.

16. Copyright Infringement (DMCA)

We respect the intellectual-property rights of others. If you believe in good faith that material available through the Services infringes your copyright, you may send a written DMCA notice to our designated agent that includes the information required by 17 U.S.C. § 512(c)(3). If you believe a notice of infringement has been wrongly submitted regarding content you provided, you may submit a counter-notice. We may, in appropriate circumstances, terminate the access of users who are repeat infringers. Send DMCA notices to:

DiLorenzo & Associates — DMCA Agent
6703 Academy Rd NE
Albuquerque, NM 87109
Phone: (505) 519-5103

17. Miscellaneous

This Agreement does not create any partnership, joint venture, employment, or agency relationship between you and us. If any provision of this Agreement is found unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force and effect. You may not assign this Agreement without our prior written consent. We may assign this Agreement without restriction. No waiver of any provision will be deemed a waiver of any other or subsequent breach. This Agreement, together with our Privacy Policy, is the entire agreement between you and us regarding the Services and supersedes any prior agreements regarding their subject matter. Notices may be given to you by posting to the Services or by email to the address you provided. We are not responsible for any failure to perform due to causes beyond our reasonable control.

18. Contact Us

If you have questions about this Agreement, please contact us at:

DiLorenzo & Associates
6703 Academy Rd NE
Albuquerque, NM 87109
Phone: (505) 519-5103
Website: www.dilorenzoassociates.com