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TERMS OF USE
Description of Service. SouzaRealty.com provides users with access to a collection of websites,
resources, data, software, and tools ("Service"). The services that we provide
are subject to the following Terms of Use ("TOU"), which we may modify by
posting revised TOU on our website(s) from time to time without providing
notification. Unless stated otherwise, any new features or enhancements to the
current Service shall be subject to this agreement in addition to any TOU
applicable to particular services. You are responsible for regularly reviewing
these TOU and any applicable changes. Continued use of the service after any
changes take effect will constitute your acceptance of such changes. You can
review the current version of these Terms of Use at
http://terms.souzarealty.com.
Binding Agreement. When you visit and use any site within
SouzaRealty.com's family of websites or when you register for a new
SouzaRealty.com account, you are both agreeing to be bound by these TOU
and representing that you are of legal age to form a binding contract. If you do
not wish to be bound by this agreement, please refrain from using our services,
accessing our websites, or registering for an SouzaRealty.com account. By
submitting your contact information to SouzaRealty.com, you agree that
SouzaRealty.com may contact you.
DISCLAIMERS OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
SouzaRealty.com PROVIDES THE SERVICE ON AN "AS-IS" AND "AS-AVAILABLE"
BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY SOFTWARE OR OTHER
MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN VIA THE SERVICE IS AT YOUR SOLE
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM
OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL.
THE INFORMATION PROVIDED BY THE SERVICE IS DEEMED TO BE ACCURATE BUT
SouzaRealty.com CANNOT GUARANTEE ITS ACCURACY. TO THE FULLEST EXTENT
PERMITTED BY LAW, SouzaRealty.com EXPRESSLY DISCLAIMS ALL WARRANTIES OR
REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES
REGARDING THE ACCURACY, SUFFICIENCY, VERACITY, VALUE, APPROPRIATENESS,
CORRECTNESS, COMPLETENESS, LEGALITY, SECURITY, AVAILABILITY, OPERABILITY,
TIMELINESS, RELIABILITY, OR USEFULNESS OF INFORMATION, DATA, SERVICES OR
PRODUCTS PROVIDED THROUGH, OR IN CONNECTION WITH, THE SERVICE.
SouzaRealty.com DOES NOT INTEND THE INFORMATION PROVIDED BY THE SERVICE TO
BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR CONFIRMING THE
ACCURACY AND RELIABILITY OF ANY INFORMATION CONTAINED IN THE SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
SouzaRealty.com AND ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS,
DIRECTORS, INVESTORS, ASSIGNS, SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SouzaRealty.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO
USE THE SERVICE, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
SouzaRealty.com BEARS NO RESPONSIBILITY FOR ANY DAMAGES ARISING FROM ANY
FAILURE OF PERFORMANCE, FAILURE TO STORE, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, ERROR IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, TELECOMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS, ALTERATION OR USE OF RECORDS, BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
EXCLUSIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
IN SUCH JURISDICTIONS, THE LIABILITY OF SouzaRealty.com, ITS OFFICERS,
DIRECTORS, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, ASSIGNS, SUBSIDIARIES AND
AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Privacy Policy. SouzaRealty.com understands that privacy
is important to you. Any information that we collect about you is used or shared
according to SouzaRealty.com's Privacy Policy, which is incorporated by
reference into these TOU. You can review the current version of the Privacy
Policy at
http://privacy.souzarealty.com.
Disclosure. You agree that SouzaRealty.com may disclose,
monitor, edit, access, and preserve your personal information and content if
SouzaRealty.com reasonably believes that it must do so in order to comply
with any applicable law, valid legal process or governmental request; in order
to enforce the TOU or Privacy Policy; or in order to protect the rights of
SouzaRealty.com employees, SouzaRealty.com users, or third parties.
The personal information collected by SouzaRealty.com may be stored and
processed in the United States or any other country in which SouzaRealty.com or its agents maintain facilities. By using the Service,
you consent to any such transfer of information outside of your country.
Third Party Content. As consideration for using the Service,
you understand and agree that SouzaRealty.com may display advertisements
and provide links to third-party content and websites over which
SouzaRealty.com has no control. SouzaRealty.com takes no
responsibility for any content, advertising or products from third party service
providers, including any content considered harmful, objectionable,
inappropriate or offensive, and SouzaRealty.com does not endorse or
guarantee the availability of such third party services. You agree that
SouzaRealty.com shall not be liable for damage of any sort incurred as the
result of your dealings with advertisers or of your use of third-party goods or
services.
Your Conduct. When using the SouzaRealty.com Service,
you:
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agree to maintain
and update your account information to keep it complete and accurate;
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agree to maintain
the confidentiality of your account password and notify SouzaRealty.com
of any unauthorized use of your password or account or any other security
breach;
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agree to use the
Service only for your sole, personal, private, noncommercial use;
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agree NOT to
upload, post, email, transmit or otherwise make available ("Make Available")
any content:
i) that you are not
permitted to Make Available under any law, contractual duty, or fiduciary
relationship
ii) that infringes any
patent, trademark, trade secret, copyright or other proprietary right; or
iii) that is unlawful,
fraudulent, defamatory, harassing, offensive, indecent or inappropriate as
reasonably determined by SouzaRealty.com; and
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agree NOT to
impersonate another person or entity, or to falsely state or otherwise
misrepresent your affiliation with a person or entity.
Termination.
SouzaRealty.com reserves the right to restrict, disable, suspend or
terminate your account and refuse any and all current or future use of the
Service without prior notice and for any reason. SouzaRealty.com also
reserves the right, but bears no obligation, to monitor, screen, and remove any
content available through the Service.
Minimum Age Limit. You must be eighteen (18) years of age or
older to use the Service, and you must have all necessary right, power and
authority to enter into these TOU and to perform the acts required hereunder.
Real Estate Clients.
You represent that you have not entered into any agreement, such as a listing
agreement or buyer broker agreement, with a real estate agent or agency other
than a SouzaRealty.com employee, agent or contractor.
Real Estate Data. You agree that all data obtained from the
Service is intended only for your personal, noncommercial use for the purpose of
evaluating properties for sale or purchase. You represent that you have a bona
fide interest in the purchase, sale or lease of real estate of the type being
offered through the Service. You will not copy, redistribute or retransmit any
of the MLS Data or any other home information provided through the Service. You
acknowledge BAREIS/MAX/MetroList/RE Infolink/San Francisco MLS's ownership of a
copyright in the MLS Data and the validity of BAREIS/MAX/MetroList/RE
Infolink/San Francisco MLS's copyright.
Financial and Mortgage Tools. The financial calculations
available through the Service are not an offer to lend. Interest rates are for
demonstration purposes only, and actual market interest rates may vary.
Other Parties. You agree to refrain from contacting the owner
or seller of any property identified using information obtained through the
Service. Furthermore, you agree that SouzaRealty.com employees, agents or
contractors may represent other prospective buyers of the same properties that
meet your criteria.
You acknowledge that
SouzaRealty.com owns all right, title and interest in the Service,
including all intellectual property rights protected by US and international
law. You agree that you will not copy, reproduce, alter, modify, retransmit,
redistribute, disassemble or create derivative works from the Service or
its software. You also agree not to use any automated or manual process, robot,
spider or screen-scraper to copy or monitor any part of the Service.
Copyright. All content and compilations included on the
Service, such as text, graphics, logos, buttons, images, audio, video, charts,
graphs, data compilations, and software, are the property of
SouzaRealty.com or its content suppliers and are protected by US and
international law.
Trademark. SouzaRealty.com, the SouzaRealty.com
logo and other marks indicated on the Service are trademarks of
SouzaRealty.com. Other graphics, logos, buttons, or service names are
trademarks of SouzaRealty.com or its affiliates.
Your Rights. SouzaRealty.com does not claim ownership in
the Content you Make Available on the Service, including any text, data,
information, images, photographs, music, sound, video or other material ("Your
Content"). However, if you submit Your Content to SouzaRealty.com, you
grant SouzaRealty.com and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sub-licensable right to use, reproduce, alter,
modify, adapt, publish, translate, distribute, display, create derivative works
from or otherwise Make Available Your Content throughout the world in any media.
By submitting Your Content to SouzaRealty.com, you agree to indemnify
SouzaRealty.com for all claims arising from Your Content and to abide by
the policies above concerning Your Conduct.
Procedure for Submitting Claims of Copyright Infringement. If
you believe that your work has been copied in a way that constitutes copyright
infringement, or that your intellectual property rights have been otherwise
violated, please contact the SouzaRealty.com Copyright Agent at:
Copyright Agent
SouzaRealty.com
2420 Sand Creek Road, Suite C1-123
Lincoln, CA 95648
Please include the following information with your claim:
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an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
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a description of
the copyrighted work or other intellectual property that you claim has been
infringed;
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a description of
where the material that you claim is infringing is located on the site;
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your address,
telephone number, and email address;
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a statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
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a statement by you,
made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's behalf.
Indemnification. You
agree to defend, indemnify and hold harmless SouzaRealty.com, its
officers, directors, investors, employees, contractors, agents, successors,
assigns, information providers, licensors, subsidiaries and affiliates from any
and all claims arising from, or in any way related to, your use of the Service.
SouzaRealty.com reserves the right, at its own expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify SouzaRealty.com, and you agree to cooperate with our defense of
these claims.
Entire Agreement. The TOU
constitutes the entire agreement between you and SouzaRealty.com and
governs your use of the Service, superseding any prior agreement(s). An
electronic version of this agreement shall be admissible in judicial or
administrative proceedings to the same extent and subject to the same conditions
as other business documents generated in printed form.
Applicable Law. The TOU
shall be governed by the laws of the State of California without regard to its
conflict of law provisions. You and SouzaRealty.com consent to submit to
the personal and exclusive jurisdiction of the courts located within Placer
County, California.
Waiver. The failure of
SouzaRealty.com to exercise or enforce any right or provision of the T&C
shall not constitute a waiver of such right or provision.
Severability. If any
provision of the TOU is found by a court of competent jurisdiction to be
invalid, you and SouzaRealty.com nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision
and that the other provisions of the TOU shall remain in full force and effect.
However, you and SouzaRealty.com agree that courts should not give legal
or contractual effect to the section titles themselves.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOU must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
Relationship. You agree
that no joint venture, partnership, employment or agency relationship exists
between you and SouzaRealty.com as a result of this agreement. You also
agree that there are no survivorship rights or third party beneficiaries to this
agreement.
Force Majeure. Under no
circumstances shall SouzaRealty.com be held liable for any delay or
failure in performance resulting directly or indirectly from acts of nature or
other forces beyond its reasonable control, including, without limitation,
fires, floods, storms and acts of God. |
