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Terms and Conditions
 
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.

 

 

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