Last Updated: September 2023

Real estate transactions are not through Boracchia Wiviott Wealth Partners. This is the terms of use for Lea Wiviott Boracchia. (IF you are looking for Boracchia Wiviott Wealth Partners, please click here.) Lea Wiviott Boracchia is a realtor with California Association of Realtors and National Association of Realtors. California License # 02064384. The real estate brokerage Lea Wiviott Boracchia, realtor is with is Homesmart, Palm Desert.

Please read the agreement fully, as well as our privacy policy (the Privacy Policy link is provided at the end of this page) and check back to be in compliance. Thank you

Effective Date: Originally August 1, 2020. Updated May 2024

THE AGREEMENT: Lea Wiviott Boracchia agrees to follow the jurisdiction required by Lea Wiviott Boracchia’s licensure. If ever a question arises the team with Lea Wiviott Boracchia work hard to follow the rules and agree to make decisions this way while using foremost civil rights.

The use of this website and services on this website, https://www.LeaWiviottBoracchia.com and all mediums online and in person provided by Lea Wiviott Boracchia (Lea Wiviott Boracchia or the “Company”), are subject to the following Terms of Use Agreement (hereinafter the “Agreement”), all parts and subparts of which are specifically incorporated by reference here. This Agreement shall govern the use of all sections, subsections, pages, and screens on this website (hereinafter collectively referred to as “Lea Wiviott Boracchia”) and clarify that any services provided by or using any other companies Lea is involved in have their own agreements for clients to read if they want to know those terms of use. But this is the terms of use or terms of service for Lea Wiviott Boracchia. This is the agreements for Lea Wiviott Boracchia (“Services”).

ARTICLE 1 – DEFINITIONS:

The parties referred to in this Agreement shall be defined as follows:

a) Company, us, we: Lea Wiviott Boracchia, or any of its aforementioned marketing names, as the creator, operator, and publisher of Lea Wiviott Boracchia, makes Lea Wiviott Boracchia, and certain Services on it, available to its users. Lea Wiviott Boracchia, Company, us, we, our, ours and other first-person pronouns will refer to Lea Wiviott Boracchia, as well as team members and affiliates of Lea Wiviott Boracchia.

b) You, the User: You, as a passive or active visitor to Lea Wiviott Boracchia, a Client, or as a User of any of the Lea Wiviott Boracchia Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, client or as user.

c) Parties: Collectively, the parties to this Agreement (the Company and you) will be referred to as “Parties.”

ARTICLE 2 – ASSENT & ACCEPTANCE: By using Lea Wiviott Boracchia, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the Lea Wiviott Boracchia website and cease any use of the Lea Wiviott Boracchia Services. The Company only agrees to provide use of Lea Wiviott Boracchia and the Services to you if you assent to this Agreement.

ARTICLE 3 – AGE RESTRICTION: You must be at least 18 (eighteen) years of age to use Lea Wiviott Boracchia or any Services contained herein. By using Lea Wiviott Boracchia, you represent and warrant that you are at least 18 (eighteen) years of age and may legally enter into a binding contract with Lea Wiviott Boracchia. We disclaim any liability for any misrepresentation of your or any other user’s age. You further represent and warrant that you are not currently on, and have never been on, any sex offender registry in any local, state, or federal jurisdiction, that you are not a convicted felon, and that you are not prohibited from using Lea Wiviott Boracchia under the laws of the United States or any applicable jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals. The Company assumes no responsibility or liability for any misrepresentation of your age.

ARTICLE 4 – GEOGRAPHIC RESTRICTIONS: Lea Wiviott Boracchia is a registered investment adviser and is authorized to effect insurance services as well. Lea Wiviott Boracchia may only transact business in those states in which it is registered, or qualifies for an exemption or exclusion from registration requirements. You must be in a jurisdiction we are able to do business in to use Lea Wiviott Boracchia or any Services contained herein. By using Lea Wiviott Boracchia, you represent and warrant that you are in a state we do business in and may legally enter into a binding contract with Lea Wiviott Boracchia and Services. We disclaim any liability for any misrepresentation of your or any other user’s location. The Company assumes no responsibility or liability for any misrepresentation of your location.

ARTICLE 5 – DESCRIPTION OF SERVICES: Lea Wiviott Boracchia is an online platform and person-to-person service which provides financial planning, investment and wealth management assistance. Through your use of Lea Wiviott Boracchia, you acknowledge and agree that information and documents provided herein are simply that, information, and should not be considered legal advice or tax advice. Further, the information provided herein should not be taken as investment advice or solicitation of any kind. You hereby understand and acknowledge that Lea Wiviott Boracchia or team members are not attorneys or tax professionals, but are financial planners licensed to conduct fee – based financial planning and investment services. If you are in need of legal advice or other specific financial advice, such as advice regarding your taxes, please consult the appropriate advisor, such as your own attorney, accountant, or other professional.

ARTICLE 6 – ANTICIPATORY STATEMENT DISCLAIMER: Lea Wiviott Boracchia may contain forward-looking or anticipatory statements regarding financial outlooks or other financial services. These forward-looking or anticipatory statements may contain statements of opinion or predictions. Please be advised that you should not rely on these statements as concrete facts. Such statements may contain the words “expect,” “anticipate,” “foresee,” “plan,” “project,” or other similar words of uncertainty. While Lea Wiviott Boracchia attempts to maintain as current all information on its Website, Lea Wiviott Boracchia undertakes no responsibility or obligation to update or revise such forward-looking or anticipatory statements, whether as a result of new information, future events or otherwise.

ARTICLE 7 – DISCLAIMER ON SERVICES PROVIDED: Lea Wiviott Boracchia provides financial planning or investment management services only to individuals who become our clients through one-on-one communications with explicit consent by both parties to have this relationship. Documents, information, or other Services received on or through the Lea Wiviott Boracchia website may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility. Signing up for any Service on Lea Wiviott Boracchia is done at your own risk and Lea Wiviott Boracchia makes no guarantees as to the accuracy, reliability, or truthfulness of any information on the Lea Wiviott Boracchia website. Some information may not be suitable for your specific situation. You must have an individual advisory relationship as stated that is one – on – one with us to establish a fiduciary relationship which is based on your given situation and dedicated advice after a verbal meeting and where this relationship is consented to by both parties.

ARTICLE 8 – LICENSE TO USE WEBSITE: The Company may provide you with certain information as a result of your use of Lea Wiviott Boracchia or the Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of Lea Wiviott Boracchia or the Services (“Company Materials”). Subject to this Agreement, the Company grants you a personal, non-exclusive, limited, non-transferable and revocable, worldwide and royalty-free license to use the Company Materials solely in connection with your use of Lea Wiviott Boracchia and the Services. The Company Materials may not be used for any other purpose and this license terminates upon your cessation of use of Lea Wiviott Boracchia or the Services or at the termination of this Agreement.

ARTICLE 9 – INTELLECTUAL PROPERTY: You agree that Lea Wiviott Boracchia, and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property, including, but not limited to, Lea Wiviott Boracchia, and any other trademarks or service marks found on the Lea Wiviott Boracchia website (“Company IP”). The Company IP also includes a copyright in the entirety of the Lea Wiviott Boracchia website and media. You agree that the Company owns all rights, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company. If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another user, you may contact us and let us know if you feel we may be able to help. We make no guarantees we can help with infringement by using our services.

ARTICLE 10 – USER OBLIGATIONS: As a User of Lea Wiviott Boracchia or the Services, you will be asked to register with us. When you do so, you will provide us with identifying information such as your name and email address. You may also be asked for additional information, such as billing details. Such details may include credit card number and other account information, bank account information for direct transfers, and any other billing details as may be required to provide the Services to you. You are responsible for ensuring the continued accuracy of this information. This identifying information will enable you to use Lea Wiviott Boracchia and our Services. You should not share such identifying information with any third party unless you are aware of who they are and their relationship is established in who they say they are; and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. A message stating so by using our contact in the Contact Us link on every page will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using Lea Wiviott Boracchia or the Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

ARTICLE 11 – ACCEPTABLE USE: You agree not to use Lea Wiviott Boracchia or the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use Lea Wiviott Boracchia or the Services in any way that could damage Lea Wiviott Boracchia, the Services or general business of the Company. You further agree not to use Lea Wiviott Boracchia or the Services: To harass, abuse, bully or threaten others, or otherwise violate any person’s legal rights; To violate any intellectual property rights of the Company or any third party; To upload or otherwise disseminate any computer viruses or other software that may damage the property of another; To perpetuate any fraud; To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; To publish or distribute any obscene or defamatory material; To publish or distribute any material that incites violence, hate or discrimination towards any group; To post any material which contains graphic violence; To post any material which contains nudity; To spam or otherwise solicit any users; To post any intellectual property, including photos, of any other person without their permission; To imply any endorsement by Lea Wiviott Boracchia; To unlawfully gather information about others; 1. To take any and all information provided as fact and furthermore hold Lea Wiviott Boracchia harmless from any and all damages from any information it provides either directly or indirectly. To create fake accounts or additional accounts in the circumstance that your account with us has been terminated; You acknowledge and agree that Lea Wiviott Boracchia may terminate your account at any time if you violate any of the terms of this Agreement, at Lea Wiviott Boracchia’s sole and exclusive discretion. Lea Wiviott Boracchia may also take further action such as notifying the appropriate authorities or removing any content that you may have posted.

ARTICLE 12 – MODIFICATIONS TO PAYMENT INFORMATION: You may edit your payment method or delete your payment information as follows: contact us using the Contact Us link and writing this information in the “Additional Information” section.

ARTICLE 13 – EXPORT CONTROLS: You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, financial data, and other technical and financial data may be subject to the export and import laws of the United States and possibly other countries. You agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States.

ARTICLE 14 – SERVICE CHANGES: At our sole and exclusive discretion, we may offer additional Services, or we may update, modify or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User, acknowledge, accept and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, revisions, or modifications, you must stop using the Lea Wiviott Boracchia website and Services immediately.

ARTICLE 15 – USER-GENERATED CONTENT: Lea Wiviott Boracchia may allow and contains user-generated content, such as testimonials, photos, videos, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Lea Wiviott Boracchia website or from other third parties such as on certain LinkedIn Testimonials. All User Contributions must specifically comply with the Acceptable Use provision in this Agreement and the terms of this Agreement as a whole. Any User Contribution you post to social media sites whether they be our on or someone else’s related to matters discussed will be considered non-confidential and non-proprietary and should otherwise be considered public. By providing any User Contribution on or to Lea Wiviott Boracchia, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a royalty-free, non-exclusive, worldwide license to use, reproduce, modify, perform, display, broadcast, transmit, distribute, make derivative works of, and otherwise disclose to third parties, any such content you post, publish, upload or otherwise make available to us. The Company claims no further proprietary rights in your User Contributions. You further represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. All of your User Contributions do and will comply with this Agreement. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

ARTICLE 16 – REVERSE ENGINEERING & SECURITY: You agree not to undertake any of the following actions: Scan or probe the underlying structure of Lea Wiviott Boracchia; Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on Lea Wiviott Boracchia or Services; Violate the security of Lea Wiviott Boracchia or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user, or network; Use the Lea Wiviott Boracchia app or any Services or tools on the Lea Wiviott Boracchia app for any commercial purpose; Use bots, web crawlers, or any similar devices or online tools to access or index data from Lea Wiviott Boracchia; Attempt to disrupt the experience of other users on Lea Wiviott Boracchia in any way; or Disseminate any virus or other bad code which could harm Lea Wiviott Boracchia or the Services or any device of any user.

ARTICLE 17 – DATA LOSS: Lea Wiviott Boracchia does not accept responsibility for the security of your account or content. You agree that your use of Lea Wiviott Boracchia or Services is at your own risk.

ARTICLE 18 – INDEMNIFICATION: You agree to defend and indemnify Lea Wiviott Boracchia and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from, or relate to, your use or misuse of Lea Wiviott Boracchia or Services, your breach of this Agreement, or your conduct or actions, or the conduct or actions of any other Lea Wiviott Boracchia user in relation to you. You agree that Lea Wiviott Boracchia shall be able to select its own legal counsel and may participate in its own defense if Lea Wiviott Boracchia wishes. California residents which may access Lea Wiviott Boracchia hereby waive California Civil Code Section 1542, the text of which is as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If any comparable statute, regulation, or doctrine exists in your jurisdiction, you hereby waive such statute, regulation, or doctrine, as well.

ARTICLE 19 – SPAM POLICY: You are strictly prohibited from using Lea Wiviott Boracchia or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

ARTICLE 20 – THIRD-PARTY LINKS & CONTENT: The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to or from Lea Wiviott Boracchia or Services.

ARTICLE 21 – MODIFICATION & VARIATION: Lea Wiviott Boracchia may, from time to time, and at any time without notice to you, modify this Agreement. You agree that Lea Wiviott Boracchia has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting online, on Lea Wiviott Boracchia, and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to do so only after Lea Wiviott Boracchia has been fully closed and reopened to avoid accessing a prior version of this Agreement. You agree that your continued use of Lea Wiviott Boracchia after any modifications to this Agreement is a manifestation of your continued assent to this Agreement. In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.

ARTICLE 22 – ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to any and all use of Lea Wiviott Boracchia. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of Lea Wiviott Boracchia.

ARTICLE 23 – SERVICE INTERRUPTIONS: Lea Wiviott Boracchia may need to interrupt your access to Lea Wiviott Boracchia to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that for any reason, your access to Lea Wiviott Boracchia may be affected by unanticipated or unscheduled downtime, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

ARTICLE 24 – TERM, TERMINATION & SUSPENSION: Lea Wiviott Boracchia may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, behaving inappropriately with any other user, and/or publishing or distributing illegal material. If your account is terminated by the Company, you will not be entitled to any refund of any monies spent on Lea Wiviott Boracchia. You may also terminate your account at any time through the Lea Wiviott Boracchia website by using the “We’re Creating My Best Life” link, typing it in the “comments” section, and clicking the big button to submit to us. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

ARTICLE 25 – NO WARRANTIES: You agree that your use of Lea Wiviott Boracchia and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties nor implied warranty. Specifically this can include but is not limited to that Lea Wiviott Boracchia or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on Lea Wiviott Boracchia or information obtained through the Services. You agree that any damage that may occur to you including but not limited to your device, your computer system, your investment, or generally as a result of a loss of your data or breach from your use of Lea Wiviott Boracchia or Services is your sole responsibility and that the Company is not liable for any such damage or loss.

ARTICLE 26 – LIMITATION ON LIABILITY: The Company is not liable for any damages that may occur to you as a result of your use of Lea Wiviott Boracchia or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Company in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

ARTICLE 27 - HOLD HARMLESS CLAUSE. You agree to hold Lea Wiviott Boracchia as well as Boracchia Wiviott Wealth Partners and any other company Lea is involved in harmless from any and all damages arising out of service with Lea Wiviott Boracchia.

ARTICLE 28 - THIS IS NOT A REGISTERED INVESTMENT ADVISORY, FINANCIAL PLANNING OR WEALTH MANAGEMENT COMPANY. You agree that nothing herein is to be construed as investment advice, financial planning, solicitation for services of Lea Wiviott Boracchia or other companies she individually may be involved in. A relationship with Lea Wiviott Boracchia is not advise, or a creation of any sort of fiduciary relationship except for that which may be required for limited capacity in real estate transactions but under no circumstance is Lea Wiviott Boracchia a wealth manager for you as a service in Lea Wiviott Boracchia.

ARTICLE 29 – GENERAL PROVISIONS:

1. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

2. JURISDICTION, VENUE & CHOICE OF LAW: Through your use of Lea Wiviott Boracchia or Services, you agree that the laws of the State of California shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Riverside County, California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. Any legal action against the Company shall take place in the federal or state courts of the State of California. You further agree that any disputes or claims that you may have against the Company or any of our employees or agents, whether a dispute or claim is in contract, tort, negligence, or otherwise, including but not limited to claims relating to the purchase, sale, or use of any services or goods sold through the Service, will be resolved by neutral binding arbitration. Arbitration shall take place in the County of Riverside in the State of California, and shall be administered by the American Arbitration Association (“AAA”). You hereby consent and submit to jurisdiction in the state and federal courts of Riverside County, California. Any arbitration award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction.

3. CORRECTIONS: There may be information on Lea Wiviott Boracchia that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on Lea Wiviott Boracchia at any time, without prior notice.

4. DISCLAIMER: We do not guarantee that Lea Wiviott Boracchia will be safe or secure. Lea Wiviott Boracchia is offered as is and without any warranties. Your use of Lea Wiviott Boracchia is solely at your own risk and discretion. We are not responsible for any harm to your property or person.

5. CONTACT US: In order to resolve a complaint regarding Lea Wiviott Boracchia or to receive further information regarding use of Lea Wiviott Boracchia, please contact the Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at (800) 952-5210.

6. BINDING ARBITRATION: You and the Company agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that may arise after the termination of this Agreement; and claims that are currently the subject of purported class action litigation. Any arbitration between you and the Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The venue for any arbitration shall be in Riverside County, California. The arbitration will be decided by a single arbitrator. The arbitrator shall be bound to follow applicable law. The decision of the arbitrator shall be final and binding on you and the Company. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and this Agreement. The arbitrator shall issue a written award and a written opinion stating the reasons for the decision. The arbitrator’s award may be entered by any court of competent jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. You understand and agree that by entering into this Agreement, you and the Company are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Riverside County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

7. ASSIGNMENT: You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

8. AMENDMENTS: We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use Lea Wiviott Boracchia and your continued use of Lea Wiviott Boracchia shall constitute your acceptance of any such amendments.

9. HEADINGS FOR CONVENIENCE ONLY: Headings of articles and sections herein are for convenience only and shall not be used to construe the meaning of any provision of this Agreement.

10. ATTORNEY’S FEES: In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation claimed breaches of representations and warranties, each party shall bear its own attorney’s fees and costs. The party or parties prevailing in any such action or proceeding shall be entitled to recover their reasonable attorney’s fees and costs in connection therewith.

11. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

12. NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

13. NO GUARANTEES. Investing involves risk, including of your principal. You are the sole risk-taker on any service that you pursue with Lea Wiviott Boracchia.

14. INFORMATION TO BE VERIFIED. Any information provided here directly or by third parties, whether purported to be fact or not, is advisable to be checked for accuracy, relevance and anything important to you. It is not the responsibility of Lea Wiviott Boracchia to check, keep up to date or update information whether it’s deemed to be reliable or not.

15. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

16. WAIVER OF LIABILITY: To the fullest extent permissible by law, the Company, including any employees, team members, affiliates, service providers, contractors or agents, shall not be liable for any damages that may occur to you as a result of your use of Lea Wiviott Boracchia or Services. This section applies to any and all claims by you, including, but not limited to; loss of data, loss of goodwill, lost profits or revenues, consequential, indirect, special exemplary or punitive damages, negligence, strict liability, fraud, or torts of any kind. Whether such claims are direct or indirect and whether such claims are alleged to be from your use of Lea Wiviott Boracchia, your interaction with another user, or your interaction with any third-party. The maximum liability of the Company arising from or relating to this Agreement is limited to one-hundred ($100) dollars.

    Some or all of the limitations provided in this subsection may not be applicable to you, depending upon your jurisdiction.

17. ELECTRONIC COMMUNICATION: When you visit Lea Wiviott Boracchia or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on Lea Wiviott Boracchia. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. You are allowed to opt out of electronic communications by writing to us at 74-710 Highway 111 Ste 102, Palm Desert CA 92260.

18. CLAIM LIMITATION

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. TAXES:

    You are solely and exclusively responsible for any taxes that may be applicable to you through the use of Lea Wiviott Boracchia Services. You acknowledge and agree that it is your responsibility to determine your tax liabilities and Lea Wiviott Boracchia is not responsible for any tax issue related to your use of the Lea Wiviott Boracchia website or Services.

20. Copyright notice:

    This site is protected by U.S. and International Copyright Laws. It can be used only as agreed with the Terms of Use, and any replicating, copying or redistribution entirely or partially, is prohibited without the strict consent of Lea Wiviott Boracchia, 74-710 Highway 111 Ste 102 Palm Desert, CA 92260.

21. Lea Wiviott Boracchia, together with its partners including but not limited to Lea Wiviott Boracchia, Vacation Homes, is committed to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation and conducts business in accordance with all applicable federal, state and local fair housing laws. All real estate information provided on this Website is subject to such laws. The Federal Fair Housing Act makes it illegal to advertise “any preference, limitation or discrimination based on race, color, religion, sex, handicap, family status or national origin or an intention to make any such preference limitation, or discrimination.” Certain laws and regulations in some localities where Lea Wiviott Boracchia operates add prohibitions against discrimination based on additional enumerated protected classes. The team at Lea Wiviott Boracchia makes all residences available on an equal opportunity basis and supports an affirmative advertising and marketing program in which there are no barriers to home ownership or rental because of any protected class under federal, state or local fair housing laws.

22. Please be sure and read the important Disclaimers as well, which are a part of our Terms of Use and Terms of Service.