TERMS AND CONDITIONS OF USE
PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT
CAREFULLY BEFORE USING THIS WEBSITE
(a) “We”, “Us”, and “Operator” mean Redwood Real Estate and its officers, agents, Broker, successors and assigns.
(e) “Website” means this website, with home page, or such successor URL as Redwood Real Estate may create.
(c) “Customer” and “You” means any person or entity (including your employer and any affiliates and its or their employees, contractors and agents) making any use of this Website or its contents.
This Agreement is effective as of the moment Customer uses any element of the Website. By using the Website, Customer agrees to be bound by this Agreement. The Service may be used via the Website or through third-party applications and the terms and conditions described herein apply equally regardless of the manner in which you access the Service.
3. ACCEPTABLE USE & PRIVACY
(a) Customer will not use the Website, or Content for any unlawful purpose. While using the Website, or Content, Customer agrees to comply with all applicable laws, rules and regulations.
(b) In its use of the Website Customer will not:
(i) abuse, harass, threaten, impersonate, or intimidate any person or entity ;
(ii) post or disseminate any material that is libelous, defamatory, harassing, obscene, pornographic, abusive, or deliberately offensive;
(iii) send any unsolicited commercial e-mail (“Spam”) or in any way contribute to or facilitate the sending of Spam;
(iv) harvest or collect information about Service users, Website visitors or members without their express consent;
(c) We has no obligation to monitor the Service for violations of this Section 2, for other violations of this Agreement, or for other illegal or improper conduct. But We may do so and may disclose information regarding use of the Service for any reason, including without limitation: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate the Service properly; and to protect itself and its customers and users. We may grant law enforcement agencies access to Customer accounts and other information.
(d) The information and materials provided through the Service, including without limitation any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the “Material(s)”), are intended to educate and inform. With the exception of Materials already in the public domain or not eligible for copyright protection, all Materials provided through the Service are protected by copyright and are owned or controlled by the copyright holder identified in the copyright notice contained in the Materials. Customer shall abide by any and all copyright notices, information, or restrictions contained in any Material accessed through the Service.
(e) When and if Customer provides information, Customer agrees to (a) provide accurate, current and complete information about Customer as prompted by the Website forms. Customer acknowledges that, if any information provided by Customer is untrue, inaccurate, not current or incomplete, We reserve the right to terminate this Agreement and Customer’s use of the Website.
CUSTOMER IS ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF CUSTOMER’S USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH CUSTOMER’S ACCOUNT.
3. TERMINATION & SUSPENSION
(a) This Agreement shall remain effective until terminated in accordance with its terms. Notwithstanding the foregoing, we may suspend Customer’s use of the Website, if We suspect breach of this Agreement. Such suspension may continue so long as We suspect the breach in question, and We will have no liability to Customer for such suspension.
(b) We may terminate Customer’s account for convenience, in its sole discretion, or for breach of this Agreement.
4. LIMITATION OF LIABILITY & DISCLAIMER
(a) Customer acknowledges and agrees as follows:
MATERIAL POSTED THROUGH THE WEBSITE IS NOT PROVIDED WITH ANY GUARANTEE, WARRANTY, OR REPRESENTATION AS TO ITS ACCURACY OR SUITABILITY FOR ANY PARTICULAR USE;
(b) Without limiting the generality of the provisions of Section 4(a) above, We shall not be responsible or liable for: (i) any failure of the Service to operate or any lack of access to the Service; or (ii) any injury arising out of or related to any Content, Profile, or other material posted through the Service. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. CUSTOMER’S USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE SERVICE ARE ENTIRELY AT CUSTOMER’S OWN RISK.
(c)WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITIES LIMITED BY THIS SUBSECTION 4(c) INCLUDE WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE.
(a) Customer will defend and indemnify Us and our subsidiaries, parents, and affiliated companies (including its and their officers, employees, agents, contractors, representatives, suppliers, and licensees) from and against any and all claims by any third parties arising out of or related to, or alleging: (a) Customer’s breach of this Agreement; and/or (b) Customer’s activities in connection with the Service. Such Customer obligation includes without limitation payment of all losses, expenses, damages, liabilities, and costs, including without limitation attorneys’ fees.
6. CLAIMS OF COPYRIGHT INFRINGEMENT
(a) The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located within the Service are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Us to locate the material within the Service; (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Us against you, the DMCA permits you to send US a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to
Redwood Real Estate
101 College Ave Suite 3, Modesto, CA 95350
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
(a)We may interrupt the Service at any time to perform maintenance, to address security breaches, or for any other reason, with no liability to Customer whatsoever.
(b) All title and intellectual property rights to the Service are owned by US or our agents, suppliers, or licensors. Nothing in this Agreement transfers to Customer any such right, title, or interest, including without limitation any rights to Content or Profiles provided by other customers. Without limiting the generality of the foregoing and except as expressly permitted in Section 2(d) herein, Customer will not copy, reproduce, republish, upload, post, transmit or distribute any Content or Profile submitted by another customer and available on or through the Website in any way without obtaining appropriate prior written consent.
(c) The trademarks, logos, and service marks displayed on the Website and the Service (collectively the “Trademarks”) are the registered and unregistered trademarks of Us, and others.
(d) All written communications to Customer will be deemed delivered if sent to the e-mail address provided to Us through this Website.
(f) Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”
(g) This Agreement is to be construed in accordance with and governed by the internal laws of the State of California without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction other than the internal laws of the State of California to the rights and duties of the parties. The parties hereby consent to the personal and exclusive jurisdiction and venue of the federal and state courts of Stanislaus County, California.
(h) No delay, failure, or waiver of either party’s exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy.
(i) If any provision of this Agreement is held invalid, illegal, or unenforceable, including without limitation as a result of unconscionability or inconsistency with public policy, such provision will be construed so as to come as close as possible to its intended meaning, and the validity, legality, or enforceability of the remaining provisions will in no way be affected or impaired.
(j) This Agreement will inure to the benefit of and be binding upon the parties’ successors and assigns, including without limitation successors and assigns inheriting pursuant to a merger or sale of substantially all of a party’s assets. Each party shall be permitted to assign or transfer its interests under this Agreement without obtaining the other party’s prior consent; provided that you agree to provide Us with written notice promptly following any such assignment or transfer.
(k) This Agreement, including those documents incorporated by reference, embodies the final, full, and exclusive statement of the agreement between the parties and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to its subject-matter.
(m) Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.