Down Payment Dreams

Terms of Use Agreement

Read this Terms of Use Agreement before using this website.
Effective Date: Last updated on March 16, 2009

Real Connections LLC owns and operates www.DownPaymentDreams.com. This Terms of Use Agreement sets forth the standards of use of Real Connections LLC and www.DownPaymentDreams.com Online Service for Registered Members. By using the www.DownPaymentDreams.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.DownPaymentDreams.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

   Real Connections LLC is providing Member with a personalized profile and wedding web page. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.

2. Disclaimer of Warranties

   The site is provided by Real Connections LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Real Connections LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Real Connections LLC shall have no liability for any interruptions in the use of this Website. Real Connections LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

   Real Connections LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR REAL CONNECTIONS LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF REAL CONNECTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

   Member agrees to indemnify and hold Real Connections LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Members Account

   All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Real Connections LLC of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Real Connections LLC.

6. Modifications and Interruption to Service

   Real Connections LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Real Connections LLC shall not be liable to Member or any third party should Real Connections LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Real Connections LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

   Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information

   Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Real Connections LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

   Real Connections LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts North Carolina

   Our website is operated and provided in the State of North Carolina. As such, we are subject to the laws of the State North Carolina, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State North Carolina.

10. Compliance with Laws.

    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Potentially Tortuous or Illegal Conduct.

    The following shall be construed as violations of this Agreement and may result in suspension or deletion of a Customer’s Users’ account or in Termination of this Agreement.

    1. Company products and services may only be used only for lawful purposes. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Non-acceptable content or links may include, but are not limited to: Pirated software, Hackers’ programs or archives, Warez, Game Mods or Patches, Irc Bots, Chat Sites/Servers, Pornography and Adult Content, TGP, or any other file or media deemed by Company to be illegal or for which Customer or Customer’s Users do not have the legal right to use, post, or otherwise store on Company servers.

    2. No one shall post defamatory, scandalous, or private information about a person without their consent or with intention to inflict emotional distress, or post any information that violates any rightful trademarks, copyrights, or other intellectual property rights.

    3. Sending unsolicited email messages (“Spam”) from or through Company’s servers, including, without limitation, commercial advertising or informational announcements, shall be prohibited. Company reserves the right to terminate this Agreement and any other accounts under Customer’s account if Company determines that unsolicited mass email has occurred or if Company receives complaints that unsolicited email messages have been sent from Customer’s account.

    4. Posting to any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles with the intent to engage in commercial advertising or informational announcements.

    5. Engaging in any of the foregoing activities using the service of another provider, but channeling such activities through a Company-provided server, or using a Company-provided server as a mail drop for responses.

    6. Any unauthorized distribution or copying of copyrighted material, violations of U.S. export restrictions, harassment, fraud, dealing in contraband, and other illegal activities, or dealing in content and material that has been deemed illegal in the User’s community, state, province, or municipality.

    7. Falsifying any User information provided to Company or to other Users of the service in connection with the use of a Company service.

12. Service Charges

    Real Connections LLC charges a $50 registration fee, which is collected during the registration process. Real Connections LLC does not have any additional fees. The $50 registration fee is refundable if certain conditions are met. These conditions are outlined in the Refund Policy.

    Contributions to Members’ down payment registries are handled by PayPal. Please review PayPal policies and fees prior to registering with DownPaymentDreams.com.

13. Refund Policy

    The Real Connections LLC Refund Policy applies to our $50 registration fee only. Paypal transaction fees are NOT refundable. Members must participate in the real estate agent referral program offered by Real Connections LLC and www.DownPaymentDreams.com in order to be eligible for any refund. Members must complete the purchase of a home using the real estate agent referred to them by our real estate agent referral program in order to receive a refund.

    


    Members who complete the purchase of a home using the real estate agent referred to them by the DownPaymentDreams.com referral service will also be eligible for a gift card to a national home improvement store. Gift card amounts are based on the sales price of the home purchased by Member (see chart below).

    Sales Price of Home	Gift Card Amount
    Under $200,000	$300.00
    $200,000 to $399,999	$400.00
    $400,000 to $599,999	$500.00
    $600,000 and up	$600.00

    In order to receive any refund or gift card, Member or Member’s agent must e-mail, fax, or send a copy of the HUD-1 closing statement to Real Connections LLC. Contact information

    Members who purchase a home without the assistance of an agent referred to them by Real Connections LLC will not be eligible for a refund or a gift card.

14. Handling Contributions

    Contributions made to Members’ accounts will be handled by PayPal. Members must have a PayPal account in order to set up their down payment registry through www.DownPaymentDreams.com. Please review PayPal policies and fees prior to registering with www.DownPaymentDreams.com.

15. Use of Funds

    Members are not required to use funds for a down payment on a home.

16. Other Terms

    IIf any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Real Connections LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.