Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING AND USING www.TheLocalRealty.com (THE “SITE”), OR ANY OTHER CO-BRANDED AND/OR LINKING WEBSITE OR SUBDOMAIN, YOU (THE “USER”) EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS OF USE”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT VISIT OR USE THE SITE.
The Local Realty, Inc. (hereinafter referred to as The Local Realty) reserves the right to change or modify these Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site, and user waives any right to receive specific notice of such changes or modifications. Users continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes. In the case of any violation of the Terms and Conditions, The Local Realty reserves the right to seek all remedies available by law and in equity for such violations.
No Endorsements; User Waiver of Claims
User acknowledges that The Local Realty a licensed real estate broker and offers real estate services through the company operated Sites. MLS Listing information is provided by The Local Realty DRE License# 01896291, Phone: (866) 538-6057. Certain real estate brokers, lenders, educational providers, speakers, seminar agents or other real estate or educational service providers may post information on this Web site or contact User at User’s request, but User understands that The Local Realty is not affiliated with any such Vendors and in no way endorses or recommends any particular Vendor. User is in no way obligated, required or encouraged to utilize any of the Vendors posting information on this Web site. If User decides to utilize a Vendor, any transaction, offer to buy or sell or related communication conducted on this site is solely between User and Vendor. The exclusive remedy arising from communications on or through this Web site is between User and relevant Vendor. User agrees that, in return for permission to use the Web site, he or she waives any and all claims against The Local Realty that are connected to use of this Web site or any vendor that provides services or products on this Web site.
General
The Local Realty, its designated teams, subsidiaries and affiliates provide you with access to this Site and the services offered by The Local Realty available on it, or other Web sites as indicated (collectively, the “Services”). Access to and use of the Services are governed by these Terms of Use. Although The Local Realty has made reasonable efforts to place accurate information on this Web site, The Local Realty assumes no responsibility for the accuracy of the information. THE LOCAL REALTY PROVIDES THIS WEB SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL OR ANY OTHER REFERENCE IS PROVIDED “AS IS” WHERE IS AND THE LOCAL REALTY FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS THE LOCAL REALTY DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Services
The Services include the Site, Widgets, Blog, Ratings, Classifieds, and all other content, products and/or services available on the Site and its affiliates. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.
Third Party Advertising and Business Dealings
The Local Realty may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Users business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between user and such third party. The Local Realty is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser or advertisement. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you release The Local Realty 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 such disputes. The Local Realty does not monitor or have any control over any Third Party Content or third party Web sites. Any opinions, advice, statements, services, 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 The Local Realty. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. The Local Realty does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the site by any third party. Users use such Third Party Content contained therein at their own risk.
User Submitted Content
User is solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (the “User Content”) that user posts, submits, publishes, displays or links to on the Site or sends to other users. User agrees not to post, submit or link to any User Content or material that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or local law, rule or regulation, including Fair Housing Laws. User also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading. Without limiting the foregoing, User will at all times adhere to the The Local Realty Guidelines, which are incorporated into these Terms of Use.
You agree that by posting content on the Site, you are granting The Local Realty a royalty-free, perpetual, irrevocable and fully sublicensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the Site or in the course of offering the Services. You understand and agree that any User Content that you post or submit to The Local Realty may be redistributed through the internet and other media channels, and may be viewed by the general public.
For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
You understand that The Local Realty does not approve or control the User Content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, The Local Realty is not liable for any statements, representations, or User Content provided by its users on the Site or in connection with the Services. The Local Realty assumes no responsibility for monitoring the Site or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, The Local Realty reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. The Local Realty nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.
Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms of Use.
User understands that The Local Realty does not endorse or warrant any particular content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will The Local Realty be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site or the Service. You use the Site and the Services at your own risk.
Modification of The Local Realty Services
The Local Realty reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. The Local Realty shall not be liable to User or any third party should The Local Realty exercise its right to modify or discontinue the Service or part of it.
Copyright And License
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information (“Materials”) thereof are proprietary property of The Local Realty or its licensors, or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:
1. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
2. market, sell or make commercial use of the Site or any Materials;
3. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
4. make derivative uses of the Site or the Materials; or
5. use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of The Local Realty or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
The Local Realty does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. The Local Realty uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. The Local Realty does assert copyright and reserves all right to the search results and associated compilations.
Trademarks And Service Marks
“The Local Realty” and our logos are either trademarks, service marks or registered trademarks of The Local Realty or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other “hidden text” utilizing “The Local Realty” or any other name, trademark, or product name of The Local Realty without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of The Local Realty, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and The Local Realty’s names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Links To Other Sites
The Services contain links to third-party Web sites. These third-party sites are not under the control of The Local Realty. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. The Local Realty is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Multiple Listing Services (MLS) are provided by 3rd party contributors. These MLS contributors are in no way affiliated with The Local Realty.
Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512)), The Local Realty has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. 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 The Local Realty’s copyright agent the following written information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• 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;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Before sending a notice to The Local Realty, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for The Local Realty’s Copyright Agent for notice of claims of copyright infringement is provided below.
DMCA Agent:
The Local Realty
Address: P.O. Box 601941
San Diego, CA 92160
Email address: legal@thelocalrealty.com
Indemnification
You agree to defend, indemnify, and hold The Local Realty harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. You agree to indemnify and hold harmless The Local Realty, at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements and expenses (including attorneys’ fees).
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. USER EXPRESSLY AGREES THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT USERS 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, 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
IN NO EVENT SHALL THE LOCAL REALTY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS 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 THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO Choice of Law, Waiver, And Claims
These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions. The Local Realty’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these 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 these Terms of Use 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 use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or relating to these Terms of Use or the Services 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 Diego, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either The Local Realty or User may seek any interim or preliminary relief from a court of competent jurisdiction on San Diego, California, as necessary to protect the rights or property of User or The Local Realty.