You are entering a binding contract with Surf & Vine Vacation Homes LLC, the website www.surfandvinevacationhomes.com, and the real estate professionals or lenders who use it and their parents, subsidiaries and affiliates (the “Company,” “us,” “we” and “our”). By (1) using this website www.surfandvinevacationhomes.com (“browse wrap”), and (2) by submitting your information to “Continue with Facebook” or “Sign Up!” and creating a user profile and clicking to agree to these Terms of Use and Privacy Policy (“click wrap”), you agree that you are giving your express written consent to all the terms below, as well as our Privacy Policy, both of which contain an Arbitration Agreement and Class Action Waiver. You agree that your doing so constitutes your electronic signature, and is equivalent to a written signature. You may choose to receive this contract on paper by calling us at (707)570-7078 or emailing us at info@surfandvinevacationhomes.com. You may withdraw this consent by using the opt-out procedures described in the “Our Communications With You” section below.
By accessing www.surfandvinevacationhomes.com, you are consenting to the information collection and use practices described in the Privacy Policy.
Our Communications With You
(TCPA Consent for United States Residents)
EXPRESS WRITTEN CONSENT**. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE.**
E-MAILS, CALLS, AND TEXTS**. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS).**
AUTODIALING**. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.**
NO PURCHASE NECESSARY**. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.**
REVOKING CONSENT AND OPTING OUT**. YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS, OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT, BUT REPLY “STOP” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER TEXT COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.” YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE EMAIL COMMUNICATIONS BY USING THE “UNSUBSCRIBE” LINK IN AN EMAIL OR ON THE WEBSITE OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT OF EMAIL, BUT “UNSUBSCRIBE” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER EMAIL COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP EMAIL COMMUNICATIONS IF YOU USE A METHOD OTHER THAN “UNSUBSCRIBE”. THE “UNSUBSCRIBE” LINK WILL ALSO PERMIT YOU TO STOP TEXT COMMUNICATIONS.**
COMMUNICATION FREQUENCY**. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL WHO COMMUNICATES WITH YOU WILL DETERMINE IT.**
Your consent here also serves as your express written consent to electronic communications from us in the past.
You represent and warrant that:
- You are at least 18 years old
- You live in the United States (or Canada, in which case the Canadian consents below apply)
- You have not registered on a national or statewide Do Not Call list
- You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent* The email addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual
- You agree to the provisions governing use and disclosure of personal information that are found in our Privacy Policy
- Because the purpose of our communications include your interest in future real estate purchases, our communication with you will continue until you revoke your consent or opt-out, which indicates you are no longer considering real estate opportunities.
- Your personal information may also be transmitted to, used in, and stored in the United States
- You are of legal age and are otherwise capable of forming a legally binding contract;
- You are interested in buying or selling property;
- You do not have an exclusive contractual or other arrangement with any real estate professional; and
- You agree to be contacted by e-mail, telephone, text message or other means by