| Disclaimer
The information contained in this web site, and
its associated web sites, including but not limited to coastaldiscountrealty.com,
their operators, investors, and related entities is merely an aggregation
of information collected and submitted by third parties as a service
to the Internet community, and does not constitute legal advice.
We make no claims, promises or guarantees about the accuracy, completeness,
or adequacy of the information contained in or linked to this web
site and its associated sites. As legal and other professional advice
must be tailored to the specific circumstances of each case, and
laws are constantly changing, nothing provided herein should be
used as a substitute for a licensed real estate broker.
Terms of Service
This page outlines the Terms of Service (hereafter
the "Agreement") under which the CoastalDiscountRealty
(“CDR”) services (hereafter the "Services")
and www.CoastalDiscountRealty.com website (hereinafter the “Site”)
are provided to you.
Please read this page carefully. By using the Site
and/or Services, you are indicating your acceptance to be bound
by this Agreement. If you are unwilling to be bound this Agreement,
do not use this Site or use its Services.
By entering into this Agreement you further acknowledge
your understanding and acceptance of CDR’s information gathering,
use and dissemination practices as outlined in our Privacy Policy,
as defined below.
Please note that CDR may revise the Agreement at
any time by updating this posting. You should visit this page periodically
to review the Agreement, as it is binding upon you.
Privacy Policy
CDR has no obligation to monitor the Site, or prevent
parties not under CDR’s control from obtaining information
about you. CDR does not collect information about users for sale
or use by third parties. You agree that CDR has the right to monitor
the Site electronically from time to time and to disclose any information
as necessary to satisfy any law, regulation or other governmental
request, to operate the Site properly, or to protect itself or its
subscribers. CDR will not intentionally monitor or disclose any
private electronic-mail message unless required by law. CDR reserves
the right to refuse to post or to remove any information or materials,
in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this Agreement.
CDR cannot ensure or guarantee privacy for users.
It is therefore recommended that this service not be used for the
transmission of confidential information. Any such use shall be
at the sole risk of the user, and CDR and its affiliates and related
companies shall be relieved of all liability in connection therewith.
When making purchases or other transactions through
the CDR Site or the Internet, you may also be asked by the Merchant,
or information or service provider to supply certain information,
including credit card or other payment t mechanisms. You agree that
all information you provide any merchant or information or service
provider through the Site will be accurate and complete. You agree
to pay all charges incurred by you and/or other users of your account
and credit card or other payment mechanisms at the prices in effect
when such charges are incurred. You also will be responsible for
paying all applicable taxes, if any, relating to purchases on the
Site. CDR is in no way responsible for any charges you or any user
of your account incurs when making purchases or other transactions
in this manner. CDR will take reasonable measures to protect the
privacy of your credit card information to the extent that the information
is processed through the Site. CDR will only use such information
for the purchase of the Services on the Site.
You authorize CDR to collect from any party and
to retain all relevant information relating to your use of the Site,
and you hereby authorize any party to provide us with such information.
You understand and agree that unless you notify CDR to the contrary
by e-mailing us, you further authorize CDR to disclose, on a confidential
basis, to any party with whom CDR has business relations all relevant
information relating to your dealings with us and the CDR Site.
When we license content from a third-party, we
may be required to share your personal information with that licensor
as a requirement of our license. However, we will not share your
information unless we have been assured by the licensor that your
personal information will not be distributed or resold.
Our Services
We offer consumers the ability to list their property
on the San Diego multiple listing service, but to retain the property
as a “for sale by owner” listing. We do not charge a
commission, but you are obligated to pay a commission to the procuring
agent or broker that brings an offer or buyer for your property.
You are bound by this agreement and the terms of the Listing Agreement
that you “agree” to when you sign up online for our
services.
Intellectual Property Rights
Our Site (including but not limited to text, graphics,
images, logos, buttons, icons, software and other materials, not
including the specific downloadable audio content, hereafter "Content")
are the sole property of CDR, and are protected by U.S. copyright
and international treaties. CDR authorizes you to view and download
a single copy of the Content on the Site solely for your personal,
noncommercial use. Unauthorized use of the Content may violate copyright,
trademark and other laws. You may not reproduce, modify, display,
sell, or distribute the Content, or use it in any other way for
public or commercial purpose. This includes copying or adapting
the HTML code used to generate Web pages on the Site. Additionally
attempting to decipher, recompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of
the Site or service is expressly prohibited.
All Site designs, copy, graphics and logos and
certain other names or logos are service marks or trademarks of
CDR. In addition, the "look" and "feel" of the
Site (including color combinations, button shapes, layout, design
and all other graphical elements) are also protected by CDR’s
trademarks, service marks and copyrights. All other product and
service marks contained on the Site are the trademarks of their
respective owners.
You agree to be bound by third party licenses of
software or content that is available or part of the Site and to
abide by the terms of use of any such third party software or content.
Acceptable Use of the Site
The Site and its Services are intended solely for
individuals that are searching for information that has been collected
on the site. If you need legal advice, you should hire a qualified
attorney. This site is only a directory of sites that may have law
related self help and other law related information.
As one of the conditions of your use of the Site
and Service, you represent, warrant and agree that you will not
use (or plan, encourage or help others to use) the Site for any
purpose or in any manner that is prohibited by this Agreement or
by applicable law. It is your responsibility to ensure that your
use of the Site complies with this Agreement.
Security Rules
Users are prohibited from violating or attempting
to violate the security of the Site, including, without limitation:
accessing data not intended for such user or logging into a server
or account which the user is not authorized to access; attempting
to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
authorization; attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting
a virus to the Site, overloading, "flooding", "mail
bombing" or "crashing"; sending unsolicited e-mail,
including promotions and/or advertising of products or services;
forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
Use of any device, software or routine to interfere
or attempt to interfere with the proper working of the Site or any
activity being conducted on the Site, or taking any action which
imposes an unreasonable or disproportionately large load on the
Site's infrastructure is expressly prohibited.
Violations of these Security Rules may result in
civil or criminal liability. CDR will investigate occurrences that
may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved
in such violations.
Username and Password
You are responsible for maintaining the confidentiality
of your information, username and password. You shall be responsible
for all uses of your registration, whether or not authorized by
you. You agree to immediately notify CDR of any unauthorized use
of your registration, information, username or password.
Indemnification
By using the Services you agree to defend, indemnify
and hold harmless CDR from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees,
alleging or resulting from this Agreement, your breach of this Agreement,
your conduct or your use of the Site and Services.
Release and Limitations of Liability
You further agree to release CDR from any claims,
demands and damages (actual, consequential, direct and indirect)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with this Agreement.
IN NO EVENT SHALL CDR BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA,
INNACURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND
THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CDR IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION
OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE
FOR ANY REASON, THEN CDR’S MAXIMUM LIABILITY FOR ANY TYPE
OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES
PROVIDED HEREUNDER.
Warranties
By entering into this Agreement you acknowledge
that CDR is simply providing an MLS listing service for a flat fee,
and is not being retained as your agent or broker.
Furthermore nothing on the Site shall be considered
an endorsement, representation, assumption of responsibility or
warranty with respect to any third party, whether in regards to
their web site, products, technologies, services, business practices
or otherwise.
CDR DOES NOT WARRANT THAT ITS SITE OR SERVICES
WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE
OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF
THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, CDR IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE
OF THIS SITE AND THE INTERNET IN GENERAL. THE SITE AND CONTENT ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF
ANY KIND. CDR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CDR MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS
AND LINKS.
General Provisions
CDR makes no claims that the Content of its Site is appropriate
or legal to be viewed by certain persons or in certain countries.
If you access the Site or Services from outside of the United States,
you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction.
Partial Validity: If any provision
of this Agreement is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of this Agreement, which
shall remain in full force and effect. No waiver of any term of
this Agreement shall be deemed a further or continuing waiver of
such term or any other term.
Equitable Relief: You understand
and agree that due to the nature of this Agreement, in addition
to money damages, CDR will be entitled to equitable relief upon
a breach of this Agreement by you.
Governing Law: This Agreement
is governed by the laws of the State of California without respect
to its conflict of laws principles. Jurisdiction for any claims
arising under this Agreement shall lie exclusively with the state
or federal courts in San Diego, California.
Entire Agreement: Except as expressly
provided in the Listing Agreement, or other notices or Content published
on the Site, these terms represent the entire binding Agreement
between us, and our respective successors and assigns, and supersede
any and all prior understanding, statements or representations,
whether electronic, oral or written, regarding CDR, the Site, or
Services.
Digital Admissibility: You hereby
agree that a printed version of this Agreement and of any other
notice given in electronic form by CDR or in the Site, which is
based upon or relating to this Agreement, shall be admissible in
judicial or administrative proceedings and subject to the same conditions
as other agreements, business documents or records originally generated,
entered into, signed or maintained in printed form.
|