By accessing this Web site you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaims warranties and liability. These provisions form an essential basis of our bargain. Read these provisions carefully and print out a copy for your records.
Miloka
Miloka allows you to make offers on properties from our web site. Joining this program requires acceptance of the Buyer’s Agent agreement which is not a part of the general Terms of Use
Cookies
By using the Web site and inputting personal information the user understands that he or she may acquire cookies or other computer files that Miloka uses to identify users.
We currently collect information such as pages visited, search parameters, and property information to supplement our records and help us learn what pages are most attractive to our customers, which of our features most interest our customers, and what kinds of homes and information our customers like to see.
Our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Our site features Google Maps, please review their privacy policy, legal notices and terms of use.
Information Sharing/Reselling
By completing your registration with Miloka as a potential home buyer and/or seller, you understand and agree that:
By using the Web site and inputting personal information the user understands that Miloka will use such information for internal purposes. Miloka may also provide that information to affiliated companies or persons at the discretion of Miloka. Miloka takes care to see that user information is not transmitted to unauthorized persons or the general public but is not liable for such information transmission due to theft, hacking or software errors.
Information Aggregation
Miloka is not responsible for any errors in displayed information or delays in displaying information. All information on the Web site is either transmitted to Miloka from other entities or persons or was obtained through publicly available sources. Issues of data accuracy may be brought to the attention of Miloka by sending feedbackbut it is likely that such information accuracy cannot be corrected by Miloka.
Links
Links provided on this Web site are put there for the user’s convenience. Links may be directed to third-party content, meaning that Miloka has no control over what is actually posted at the destination sites. Miloka does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that Miloka can review the content and make changes to links where necessary.
Webscraping of Listing & Property Data Is Not Allowed
Crawling the Miloka.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Miloka.
Sharing of Proprietary Miloka Content
Some Miloka content may be available to registered users only and is provided solely for the use of the Registered User. This content may not be copied or forwarded by any means. Miloka will pursue all legal means available to it to stop the illegal copying or distribution of proprietary Miloka content and seek the maximum penalties permissible by law. We encourage you to ask other users to register independently to access proprietary Miloka content for Registered users.
Forums
Any opinions, advice, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Miloka. In many instances, the content available through this site represents the opinions and judgments of the respective information providers or users. Miloka does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.
Real Estate Services
Miloka Corporation does not provide Real Estate Services for Washington State or any other territory of the United States. It is not licensed as a real estate brokerage company in any state of the United States. Any offers to buy or sell Real Estate in India are void where prohibited. By making a request for Real Estate Services in India, the Web site user authorizes Miloka to share the user’s personal information including their request details, home search history, favorites and saved searches to our Indian subsidiary, partners and brokers in order to satisfy the user’s request. When Web site users make such requests to Miloka they are extending an express invitation for Miloka, or another appropriate entity or person, to contact the user.
Indemnity
By using this Web site the user agrees to indemnify Miloka and its suppliers and real estate professionals from and against any and all liabilities and expenses and damages arising out of the users use of the Web site. Users may not use this Web site for illegal, harassing, unethical, or disruptive purposes.
Disclaimers and Limitations on Liability
Miloka intends that the information contained in this Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Miloka at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” MILOKA AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR MILOKA’S SERVICES IS AT YOUR OWN RISK. MILOKA AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR MILOKA’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MILOKA AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Dispute Resolution Process
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Miloka, or to any acts or omissions for which you may contend Miloka is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Seattle, Washington. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Miloka. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Seattle, Washington. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MILOKA WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Miloka’s goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Miloka, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Seattle, Washington. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.