Last Updated on November 1, 2023
This Terms and Conditions of Use Agreement (this “Agreement” or these “Terms”) states the terms and
conditions under which you may use the website located at Jessicadembinski.com and any affiliated
internet domain names operated by Jessica Dembinski Real Estate, LLC (the “Site”). Please read these
terms and conditions of use carefully before using the website and services offered by Jessica Dembinski
Real Estate, LLC (“Jessica Dembinski Real Estate”). This Agreement sets forth the legally binding terms
and conditions for your use of the website and all information and services provided by Jessica Dembinski
Real Estate on this Site and anywhere the Site is embedded.
By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree
to be legally bound by this Agreement including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. Jessica Dembinski Real Estate reserves the right to make
any changes to its Terms and Conditions of Use as deemed necessary or desirable without notice. By using
the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. If you do not
accept this Agreement (and therefore do not agree to by bound by this Agreement), do not use this Site.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF
DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE
THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION.
1. License.
Subject to the terms of this Agreement, Jessica Dembinski Real Estate grants you a limited, non-exclusive,
non-transferable, and revocable license to use these virtual products.
2. Restrictions on Use of Materials.
You acknowledge that this Site contains content that is protected by copyrights, trademarks, service marks,
trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms,
media, and technologies existing now and hereinafter developed (the “Content”). You also acknowledge
that the Content contained on this Site is and shall remain the property of Jessica Dembinski Real Estate or
any other party (each a “Contributor”) who has been involved in the preparation or publication of the
Content. You shall at no time assert any claims of ownership over any Content by reason of your use of or
any right to use this Site and shall not grant or create or suffer to exist any lien or other security interest
arising therefrom.
You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or
assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or
create derivative works based on any Content, in whole or in part. You may print copies of the Content,
provided that these copies are made only for personal, noncommercial use and that you maintain any notices
contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends,
or other proprietary rights notices. You shall not store electronically any significant portion of any Content.
Jessica Dembinski Real Estate authorizes you to view and use the Content on this Site solely for your
personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or
in any networked computer environment for any purpose is prohibited without prior written approval from
Jessica Dembinski Real Estate.
For permission to use Content from this Site, request written permission and provide full attribution to
Jessica Dembinski Real Estate. Permission should be requested by contacting Jessica Dembinski Real
Estate using the “Contact Us” section contained within this Agreement.
3. Privacy.
Our Privacy Policy sets out the terms on which we process any personal information we collect from you,
or that you provide to us. Jessica Dembinski Real Estate will not sell your Personal Data (as defined in the
Privacy Policy) to third parties without your consent. Jessica Dembinski Real Estate stores and processes
Content on computers located in the United States that are protected by physical as well as technological
security. For questions regarding the practices and procedures regarding privacy protection, please consult
Jessica Dembinski Real Estate’s Privacy Policy.
4. Children’s Online Privacy Protection Act.
Jessica Dembinski Real Estate does not knowingly collect or solicit personally identifiable information
from children under sixteen (16) years of age. If you are a child under sixteen (16) years of age, please do
not attempt to register for or otherwise use the services of the Sit or send us any personal information. If
we learn we have collected personal information from a child under sixteen (16) years of age, we will delete
that information as quickly as possible. If you believe that a child under sixteen (16) years of age may have
provided us personal information, please contact us in accordance with the “Contact Us” section contained
within this Agreement.
5. Permitted Use.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not,
you’ve received your parents’ or guardians’ permission to use the services of Jessica Dembinski Real
Estate’s website and have received permission from your parent or guardian to agree to these Terms on
your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and
warrant that you are authorized to agree to these Terms on that organizations or entity’s behalf and bind
them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this
sentence, refer to that organization or entity). You will only use this website and its services for your own
internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only
in a manner that complies with all laws that apply to you.
6. Prohibited Use.
You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to
liability or otherwise violate any applicable local, state, national or international law or regulation. You
may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account,
in any way (by operation of law or otherwise) without prior written consent from Jessica Dembinski Real
Estate. If your use of the services of this website is prohibited by applicable laws, then you aren’t authorized
to use the Services. We will not be responsible for your using of the Site in a way that breaks any law or
regulation.
7. Termination.
Jessica Dembinski Real Estate reserves the right, in its sole discretion, to restrict, suspend, or terminate this
Agreement and your access to all or any part of our Site or the Content, at any time and for any reason
without prior notice or liability. Jessica Dembinski Real Estate reserves the right to change, suspend, or
discontinue all or any part of this Site or the Content at any time without prior notice or liability.
8. Third Party Links.
As a convenience to you, this Site may periodically provide links to third party websites through links
available on this Site including websites of entities that are affiliated with Jessica Dembinski Real Estate
(“Third-Party Sites”) where we feel it is appropriate. Lists of links are not complete lists of relevant and/or
useful internet resources. Our decision to link to a Third-Party Site is not an endorsement of the Content
in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRDPARTY WEB SITE,
NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS
OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR
COMPLETENESS OF SUCH CONTENT) ON ANY THIRD-PARTY WEB SITES, AND JESSICA
DEMBINSKI REAL ESTATE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN
RELATION TO ANY OF THE FOREGOING. You should take precautions when downloading files from
all websites to protect your computer from viruses and other destructive programs. If you decide to access
linked Third-Party Sites, you do so at your own risk. You should direct any concerns to the Third-Party
Sites’ administrator or webmaster.
9. No Warranty.
JESSICA DEMBINSKI REAL ESTATE AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT,
SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES,
REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS (TOGETHER, “JESSICA DEMBINSKI REAL ESTATE PARTIES”) PROVIDE THE SITE
AND CONTENT IN AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE CONTENT PROVIDED
ON THIS WEBSITE IS PROVIDED AS A SERVICE TO SUPPORTERS OF JESSICA DEMBINSKI
REAL ESTATE AND MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS
WEBSITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.
JESSICA DEMBINSKI REAL ESTATE PARTIES MAKE NO REPRESENTATIONS OR
WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR
PRODUCTS OFFERED OR PURCHASED THROUGH OR IN CONNECTION WITH THE USE OF THIS
WEBSITE. JESSICA DEMBINSKI REAL ESTATE PARTIES DO NOT GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT CONTAINED ON
THIS WEBSITE.
Jessica Dembinski Real Estate PARTIES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS,
ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS
SITE OR ANY CONTENT, INCLUDING, AND WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE OR INFORMATION (ORAL OR
WRITTEN) OBTAINED BY YOU FROM JESSICA DEMBINSKI REAL ESTATE SHALL CREATE
ANY WARRANTY.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
TO STATE.
JESSICA DEMBINSKI REAL ESTATE PARTIES DO NOT WARRANT THAT THIS SITE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT THIS SITE, ITS SERVER OR ANY FILES
AVAILABLE FOR DOWNLOADING THROUGH THIS SITES ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY OR COMPLETENESS
OF THE CONTENT IS ASSUMED SOLELY BY YOU.
10. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY SHALL JESSICA DEMBINSKI REAL ESTATE OR JESSICA
DEMBINSKI REAL ESTATE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER
CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT OF
THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE
THROUGH THE WEBSITE.
IN NO EVENT SHALL JESSICA DEMBINSKI REAL ESTATE OR JESSICA DEMBINSKI REAL
ESTATE PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL,
SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR
RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF
THIS SITE, THE CONTENT OF THIS WEBSITE, THE SERVICES PROVIDED, OR THIS
AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
JURISDICTIONS JESSICA DEMBINSKI REAL ESTATE’S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP
USING THIS SITE.
11. Indemnification.
You agree to indemnify and hold Jessica Dembinski Real Estate and Jessica Dembinski Real Estate Parties
harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and
expenses (including attorneys’ fees) arising from or in any way related to any claims related to your use of
this Site (including any actions taken by a third party using your account), and your violation of these
Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim
to the contact information we have for your account, if any (provided that failure to deliver such notice
shall not eliminate or reduce your indemnification obligations hereunder).
12. Entire Agreement.
This Agreement contains the entire agreement of the parties for this Site and supersedes all existing
agreements and all other oral, written or other communication between the parties concerning its subject matter.
You agree to use the Content and this Site only for lawful purposes.
13. Assignment.
Jessica Dembinski Real Estate may transfer, assign, or delegate this Agreement and its rights and
obligations without your consent.
14. Severability.
If any provision of this Agreement shall be invalid or unenforceable, in whole or in part, or as applied to
any circumstance, under the laws of any jurisdiction which may govern for such purposes, then such
provision shall be deemed to be modified or restricted to the extent and in the manner necessary to render
the same valid and enforceable, either generally or as applied to such circumstance, or shall be deemed
excised from this Agreement, as the case may require, and this Agreement shall be construed and enforced
to the maximum extent permitted by law as if such provision had been originally incorporated herein as so
modified or restricted, or as if such provision had not been originally incorporated herein, as the case may
be.
15. Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any
other term, and Jessica Dembinski Real Estate 's failure to assert any right or provision under these Terms
shall not constitute a waiver of such right or provision.
16. Arbitration.
For any dispute you have with Jessica Dembinski Real Estate, you agree to first contact us in writing and
attempt to resolve the dispute with us before seeking arbitration in accordance with this Section. If Jessica
Dembinski Real Estate has not been able to resolve the dispute with you promptly thereafter, we each agree
to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief)
arising out of or in connection with or relating to these Terms by binding arbitration by the American
Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures
for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and
Jessica Dembinski Real Estate agree otherwise, the arbitration will be conducted in Omaha, Nebraska. Each
party will be responsible for paying any AAA filing, administrative and arbitrator fees, each in accordance
with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable
attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered
by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent
either party from seeking injunctive or other equitable relief from a court of competent jurisdiction, as set
forth in the Section immediately below, for matters related to data security, intellectual property or
unauthorized access to this Site. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR
MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY
ENTERING INTO THIS AGREEMENT, YOU AND JESSICA DEMBINSKI REAL ESTATE ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.