TERMS OF USE |
(last updated April 3, 2008)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
"You" or "Your" shall mean the person or entity accessing this site (the "Site") and using the services available on it (the "Services").
"We", "Us" or "Our" shall mean (1) the licensed real estate broker ("Broker") indentified above that is the owner and operator of the Site, (2) Roost, Inc. ("Roost"), which is providing web site design, hosting and technology services to the Broker pursuant to an agreement between Roost and the Broker, and (3) any third party licensees or contractors of Roost or the Broker that may be contributing functionality or content to the Site (the "Network").
By accessing and using the Services, You explicitly agree with Us to comply with and be bound by the following terms and conditions (the "Terms of Use Agreement").
Broker may change the Terms of Use Agreement at any time. You should periodically review the Terms of Use Agreement as posted on the Site and check the date of the most recent version. Your use of the Site constitutes Your acceptance of the version of this Terms of Use Agreement in effect at the time of Your most recent visit to the Site.
The Site Enables Property Search
At the Site, You may access content supplied by third parties either as a
link from, an add-on service, or in any other manner that such content may
be accessible to You at, or in connection with, the Site. Such content
includes websites, resources, data, software, applications and tools, all
of which are, or may be, controlled or owned by third parties. Your search
results, or the inclusion of any link on the Site, do not imply Our
affiliation, endorsement, sponsorship, or adoption of any third party site
or any information contained therein. Neither Broker, Roost nor the
Network is responsible or liable for the contents of Your search results
or the content You may find on any third party site to which you may be
linked. You should conduct such necessary or appropriate investigations of
such third party sites, including a review of their terms of use and
privacy policies, before using the services available at such sites, or
proceeding with any transaction with any of them. This Terms of Use
Agreement only governs your use of the Services and Materials accessible
at this Site. Once You leave the Site and are linked to, or visit, another
site, this Terms of Use Agreement does not apply to the functionality or
services available to You at such other site(s).
We Are Not Responsible for Third Party Content Accessible
at this Site
We are not responsible for any opinions, advice, statements, services,
offers, or other information or content not provided by Us that may be
available on the Site, including information or content supplied by third
parties. Any such opinions, advice, statements, services, offers or other
information not supplied or made by Us, are solely those of the respective
author(s) or distributor(s) of such material. In many instances, the
listing content available or accessible through this Site is supplied by
parties other than Us, such as multiple listing services, individual
property owners or builders, or real estate professionals, other than
Broker. We do not endorse, and are not responsible for the accuracy or
reliability of any statements or content accessible on the Site that are
supplied by persons other than Us.
We do not guarantee the price, terms and conditions of acquisition, or availability of any property described on the Site, or of any services offered by any third party. Nothing on the Site should be construed as an offer to sell a particular property at a specific price, or on any specific terms and conditions. Rather real estate content accessible on the Site should be construed as a solicitation for You to submit an offer to acquire such property, or receive particular products or services. If you have a dispute with any third party product or service provider, You must resolve it directly with such party. You hereby release Us from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the products or services offered by any third party.
User Submitted Content
You are solely responsible for any content and other material that You
submit, publish, display or link to on or from the Site or send to other
users of the Site. You may not post, distribute, or reproduce any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner(s) thereof. You may not
submit any content or material that infringes, misappropriates or violates
the intellectual property, publicity, privacy, or other rights of any
party, or violates any federal, state or local laws. You may only submit
content You have a reasonable basis to believe to be true, and You may not
supply information for display on the Site that You know, or should know,
upon exercise of reasonable care, to be false or misleading. You agree
that by posting content on the Site, You are granting to Us a
royalty-free, perpetual, irrevocable license to use this information in
the course of offering the Site and the Services to end-users. You
understand that We do not endorse or warrant any particular content or
information available on the Site that is created by, or originates from
any third party. Additionally, we cannot guarantee the authenticity of any
data, content, images or information that users may provide about
themselves or their businesses.
For specific advice on legal or financial implications of any potential transaction, You should always seek the advice of a professional who is licensed and knowledgeable about the subject matter of Your concern, such as an attorney, accountant, financial advisor, or real estate appraiser.
We may delete any content that in Our sole judgment violates this Terms of Use Agreement, may be offensive or illegal, or may harm or threaten the safety or violate the rights of any person. We do not assume any responsibility for monitoring the Site or the Services for appropriate content or conduct. If at any time We choose, in Our sole discretion, to monitor the Site and the Services, We nonetheless do not assume any responsibility for the content, or any obligation to modify or remove any inappropriate content, nor do We assume any responsibility for the conduct of the user submitting any such content.
Only the Broker is Providing or Offering to Provide Real
Estate Services
Only the Broker, and not Roost or the Network, are offering to provide
real estate brokerage services at the Site, or through the Services
accessible at the Site. Roost does not provide any real estate brokerage,
valuation, legal, financial, or accounting services. Roost does not hold
itself out as being licensed to perform any such services, and expressly
disclaims any legal capacity or licensure to do so. Broker is responsible
only for services provided by it or any licensed real estate agents
affiliated with Broker. Roost and the Network do not assume any liability
or responsibility for the services of Broker or any of its agents. Because
the information available to You is provided by other content providers,
including real estate multiple listing services, We cannot assume any
responsibility or liability for the timeliness, completeness, or accuracy
of any of the real estate content provided to You through the Site or the
Service.
Modification of the Site or the Services
We reserve the right to modify or discontinue the Site or the Services, or
any portion or attribute thereof, or the offering of any information,
goods, content, products or services with or without notice. We shall not
be liable to you or any third party should We exercise Our right to modify
or discontinue the Site or Services in whole or in part.
Copyright and License
As between You and Us, We or Our licensors own the copyright rights in all
Materials, works, programs, software and content displayed on the Site or
utilized to operate the Site or the Services, including, without
limitation, the design, text, search results, graphics, images, pictures,
sound files and any other files associated with the Site or the Services,
and the selection and arrangement and compilation of information or data
displayed on the Site, or incorporated into the Services. You shall not
contest Our claims to such rights, not assist others in doing so. You
shall not modify or remove any copyright notice that appears on any of the
content, data or materials accessible to You on the Site or in the
Services. You are granted a limited, non-exclusive, non-assignable,
non-sub-licensable right to access the Site, use the Services and print
the Materials only for your personal, non-commercial use only. We reserve
the right, without notice and in Our sole discretion, to terminate Your
license to use the Site or Services and to block or prevent Your future
access to and use of the Site or the Services. The foregoing license grant
does NOT include the right for You to:
Except for the limited license granted to You, You are not conveyed any other right or license by implication, estoppel, or otherwise in or under any of Our patent, trademark, copyright, or proprietary rights, or such rights of any third party. Your unauthorized use of this Site or the Services will result in the immediate termination of Your permission to access the Site or the Services, and the license granted to You by this Terms of Use Agreement. Such conduct may also violate applicable laws, including laws protecting copyrights and trademarks, (including trade dress), and state or federal laws governing electronic communications.
We do not assert copyright or grant any rights to the images or descriptions of real estate listings that may be contained in Your search results displayed to You on the Site, or that may be accessible to You through links to third party websites. We provide these images and excerpted descriptions to enable You to link to another web site of Broker, or of a third party, at which additional information about a property identified in Your search results may be accessed. Your use of the images or descriptions of real property found at the site to which You link from this Site is subject to that site owner's terms of use agreement and intellectual property rights.
Trademarks and Service Marks
The term "Roost" and the related Roost logos are trademarks or
service marks of Roost, Inc. The Broker's name and related logos are
trademarks or services marks of Broker. You may not copy, imitate or use,
in whole or in part, either Roost's or Broker's trademarks, service marks,
or logos, without the prior written permission of the respective owner.
You also may not use any meta tags or any other "hidden text"
utilizing "Roost", the name of the Broker, or any other name,
trademark, or product name of Roost or Broker without the prior written
permission of the owner of the trademark or product name. In addition, all
page headers, custom graphics, button icons, and scripts are service
marks, trademarks, and/or trade dress of Roost or Broker, and may not be
copied, imitated, or used, in whole or in part, without prior written
permission of the owner thereof. Any other trademarks, registered
trademarks, or product or service names are the property of the person or
entity that the marks or names identify. Reference to any third party
products, services, processes, or other information, on the Site by trade
name, trademark, manufacturer, supplier, or otherwise does not constitute
or imply Our endorsement, sponsorship or recommendation of such products,
services, manufacturer, or supplier.
Digital Millennium Copyright Act Compliance
We comply with the provisions of the Digital Millennium Copyright Act
(DMCA) applicable to Internet service providers (17 U.S.C. § 512). If
You believe that Your work has been copied and has been posted to this
Site in a way that constitutes copyright infringement, please provide Our
copyright agent the following written information:
Before sending a notice to Roost, You should confirm that You are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Our Copyright Agent for notice of claims of copyright infringement is provided below.
Attn: DMCA Agent
Roost, Inc.
795 Folsom St, First Floor
San Francisco, CA 94107
USA
No Warranties
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, INCLUDING ALL CONTENT OR
DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS
AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE
INFORMATION, DATA, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT
OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR
OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BROKER, THE NETWORK, ROOST, OR
THEIR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR
DATA PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF
USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT,
TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, THE
MATERIALS OR SERVICES.
Indemnification
You agree to defend, indemnify, and hold Us harmless from any damages,
costs, and expenses, including attorneys fees and litigation costs and
expenses at trial or on appeal, arising from any claim by a third party
based upon Your use of the Site, the Services, or display of the
Materials;
Choice of Law, Waiver and Claims
This Terms of Use Agreement shall be governed by the laws of the State of
California without regard to its conflict of law provisions. Our failure
to exercise or enforce any right or provision of this Terms of Use
Agreement will not be deemed to be a waiver of such right or provision. If
any provision of this Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of this Terms of Use Agreement
that remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to Your use of the Site, the Services, or any Materials must
be filed within one (1) year after such claim or cause of action arose or
be forever barred.
Broker Does Not Assume Any Fiduciary Duties to You
You understand and agree that Broker has not entered into any form of
fiduciary or brokerage relationship with You solely by Your use of the
Site or the Services, or accessing the Materials available on the Site.
Any form of fiduciary or brokerage relationship between You and the Broker
shall not exist unless and until an agent affiliated with the Broker shows
You property available for sale or lease, or You request the Broker or one
or more of its affiliated agents to assist You in procuring a real estate
sales or lease contract on terms acceptable to You for the purchase,
rental, or sale of a parcel of real estate.
Arbitration and Injunctive Relief
Except for any suit seeking injunctive relief, any controversy or claim
arising out of or relating to this Terms of Use Agreement, the Site, the
Services or the Materials will be settled by binding arbitration in
accordance with the commercial arbitration rules of the American
Arbitration Association ("AAA"). Any such controversy or claim
must be arbitrated on an individual basis, and must not be consolidated in
any arbitration with any claim or controversy of any other party. The
arbitration must be conducted in San Francisco, California, and judgment
on the arbitration award may be entered into any court having jurisdiction
thereof. You agree that Your unauthorized use of the Site, the Services or
the Materials will cause injury to Us that cannot adequately be remedied
by money damages, and that We shall be entitled to preliminary or
permanent injunctive relief to enjoin Your unauthorized conduct, which
injunctive relief shall be in addition to any other remedies available to
Us at law or equity, through judicial proceedings or arbitration as set
forth above. If We are successful in securing a preliminary injunction
order against You, You waive any obligation We may have to post a security
bond in conjunction therewith; The parties to this Terms of Use Agreement
agree that any suit for such injunctive relief shall be brought in the
state or federal courts located in San Francisco, California. The parties
expressly waive any objections to the personal jurisdiction or venue of
such courts.
Modification
We may change, add to or delete these Terms of Use or any portion thereof
from time to time at its sole discretion.