Terms of Use
8/16/17
Thank you for visiting Current Real Estate Information
(“Billy OBrien, Realtor®”) website www.Billy OBrien, Realtor®.realtor
(“Site”).
These Terms of Use (“Terms”) govern how you may
access and use the Site and your responsibilities when doing so. Billy OBrien,
Realtor®’s Privacy Policy explains how Billy OBrien, Realtor® may use any
personal information shared by you. By accessing www.Billy OBrien,
Realtor®.realtor, you agree to these Terms and Billy OBrien, Realtor®’s Privacy
Policy, so please take a moment to carefully review these documents. If you are
accessing this Site on behalf of an organization, then you agree to these Terms
and the Privacy Policy on behalf of that organization. If you do not agree to
these Terms, you may not use this Site.
Other sections of the Site may have additional rules and
regulations that are specific to that particular section and will be accessible
to you in such sections.
Modifications
Billy OBrien, Realtor® may modify these Terms from time to
time. Any modifications to the Terms will be effective once posted to the Site.
If you access or use the Site after the Terms have been modified, your
continued access and use will constitute acceptance of all modifications.
Billy OBrien, Realtor®’s Content and Intellectual Property
Any information or content shared on the Site is for
informational purposes only and does not constitute legal or professional
advice. Please consult with an appropriate professional for any professional
advice you need, for example, legal or accounting advice.
Billy OBrien, Realtor® or its partners created the text,
images, video, graphics, content, and materials (“Materials”)
available through the Site. All Materials are protected by all applicable
copyright and trademark laws. Billy OBrien, Realtor® or the party credited owns
the Materials, and all rights in the Materials are expressly reserved. Use of
the Materials is subject to Billy OBrien, Realtor®’s Reprint Policy, which
describes in detail how you may use the Materials found on this Site. Please review
that document before using the Materials. Any use not described in the Reprint
Policy is prohibited.
Your Conduct
Billy OBrien, Realtor® hopes this website will promote and
facilitate a meaningful exchange of information on issues in the real estate
industry. In order to ensure a safe and civil environment, Billy OBrien,
Realtor® expects you to conduct yourself in a respectful and law-abiding manner
when using the Site. You may not:
– Use the Site to advertise or promote real estate listings
or real estate services;
– Use the Site to send unsolicited communications or
promotions, also known as “spam”;
– Use the Site to promote or advertise products or services;
– Use the Site in any way that violates local, state or
federal laws;
– Upload or share materials that are illegal, fraudulent,
defamatory, libelous, misleading, threatening, profane, or obscene;
– Take any action that will disrupt or interfere with
operation of the Site, which includes use of any robot, spider, or other
automated device, process, or means to access, retrieve, scrape, or index any
portion of the Site;
– Violate the privacy or infringe the rights of others,
including intellectual property rights;
– Use inflammatory, offensive or inappropriate language;
– Impersonate other persons.
Your Content
In certain areas of the Site, you can choose to upload
content that will be publicly displayed. Please be thoughtful when choosing to
do so, since content available online is easily shared and captured.
If you choose to share content on the Site, you warrant and
represent that you are the owner of the content or you are permitted to use the
content in such manner. You may not post any content to the Site that you do
not own or are not permitted to use. Billy OBrien, Realtor® respects the
intellectual property rights of others and expects you to do the same.
By submitting any content, you grant to Billy OBrien,
Realtor® a nonexclusive, perpetual, irrevocable, worldwide, sublicensable,
royalty-free license to use, store, display, publish, transmit, transfer,
distribute, reproduce, create derivative works of, and publicly perform such
content for any purpose related to the Site and the services provided through
the Site.
Billy OBrien, Realtor® will review all content submitted
prior to public posting on the Site. If approved, the content will be posted
within a reasonable timeframe. Billy OBrien, Realtor® may refuse to post any
content for any reason whatsoever. For example, Billy OBrien, Realtor® may not
approve content that contains offensive language, is not relevant to the
original post, or is a commercial endorsement. Also, Billy OBrien, Realtor® may
remove any content for any reason whatsoever. This means that even if your
content was initially approved by Billy OBrien, Realtor®, Billy OBrien,
Realtor® may remove it at a later date.
If you choose to upload content to the Site, you agree to
indemnify and hold Billy OBrien, Realtor® harmless from any and all liability,
damages or expenses whatsoever due, directly or indirectly, to any cause of
action arising out of the Content posted by you.
E-mails
You may have the opportunity to provide your email address
to Billy OBrien, Realtor®, for example, by registering for members’-only
access. If you share your e-mail address with Billy OBrien, Realtor® through
the Site, Billy OBrien, Realtor® may send e-mails to you about a variety of
subjects, such as updates to the Site or Billy OBrien, Realtor®’s products,
services, events and programs. By providing your e-mail address to Billy
OBrien, Realtor®, you consent to receiving these e-mails from Billy OBrien,
Realtor®. You will have the option of unsubscribing from Billy OBrien,
Realtor®’s e-mail list(s) through a link included in Billy OBrien, Realtor®’s
e-mails.
Third-Party Links
This Site includes links to websites that are not owned or
operated by Billy OBrien, Realtor®. These links are provided as a convenience
and do not constitute Billy OBrien, Realtor®’s endorsement of the linked-to
website or its owner. Please be aware when you leave the Site because Billy
OBrien, Realtor®’s Terms and Privacy Policy will no longer apply to your
activities. Third-party websites will likely have their own terms of use and
privacy policy, which Billy OBrien, Realtor® has no control over.
SITE PROVIDED “AS IS”
Billy OBrien, Realtor® hopes your visit to the Site is
informative and entertaining; however, there are certain things that Billy
OBrien, Realtor® cannot guarantee. THIS SITE IS PROVIDED BY Billy OBrien,
Realtor® ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT
ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR
QUALITY. Billy OBrien, Realtor® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS
SITE, OR THAT ACCESS TO OR USE OF Billy OBrien, Realtor®.REALTOR WILL BE
UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Billy
OBrien, Realtor® DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY.
Some jurisdictions do not permit the disclaimer of certain
warranties, so the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
Billy OBrien, Realtor®, ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES OR
AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND
PUNITIVE DAMAGES. Billy OBrien, Realtor® SHALL ALSO NOT BE LIABLE FOR ANY LOSS
OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES; DAMAGES
RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE;
DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE ON THE SITE,
INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR
CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY, AND
WHETHER OR NOT Billy OBrien, Realtor® HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES.
Some jurisdictions do not permit the limitation or exclusion
of certain liabilities, so the above limitations and exclusions may not apply
to you.
Termination
You may stop using the Site at any time. Billy OBrien,
Realtor® may suspend or terminate the Site at any time at Billy OBrien,
Realtor®’s discretion and without notice. Billy OBrien, Realtor® may also
terminate, limit or suspend your access to the Site for any reason at any time
and without notice. For example, Billy OBrien, Realtor® may terminate your
access to this Site if you are not complying with these Terms or if Billy
OBrien, Realtor® determines that you are a repeat infringer of third-party
intellectual property rights.
Digital Millennium Copyright Act (“DMCA”)
Billy OBrien, Realtor® respects the intellectual property
rights of others and expects you to do the same. Per the DMCA, Billy OBrien,
Realtor® will respond expeditiously to claims of copyright infringement on the
Site if submitted to Billy OBrien, Realtor®’s Copyright Agent as described
below. Upon receipt of a notice alleging copyright infringement, Billy OBrien,
Realtor® will take whatever action it deems appropriate within its sole
discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have
been violated by Billy OBrien, Realtor® or by a third party who has uploaded
materials to the Site, please provide the following information to Billy
OBrien, Realtor®’s designated Copyright Agent listed below:
a. A description of the copyrighted work or other
intellectual property that you claim has been infringed;
b. A description of where the material that you claim is
infringing is located on the Site;
c. An address, telephone number, and e-mail address where
Billy OBrien, Realtor® can contact you and, if different, an e-mail address
where the alleged infringing party, if not Billy OBrien, Realtor®, can contact
you;
d. A statement that you have a good-faith belief that the
use is not authorized by the copyright owner or other intellectual property rights
owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the
information in your notice is accurate and that you are the copyright or
intellectual property owner or are authorized to act on the owner’s behalf;
f. Your electronic or physical signature.
Billy OBrien, Realtor® may request additional information
before removing any allegedly infringing material. In the event Billy OBrien,
Realtor® removes the allegedly infringing materials, Billy OBrien, Realtor® will
immediately notify the person responsible for posting such materials that Billy
OBrien, Realtor® removed or disabled access to the materials. Billy OBrien,
Realtor® may also provide the responsible person with your e-mail address so
that the person may respond to your allegations.
Billy OBrien, Realtor® reserves the right to terminate,
limit or suspend any user’s access to the Site in the event of repeated
infringing activity. If you believe that a user of this Site is a repeat
infringer, please follow the above instructions to contact Billy OBrien,
Realtor®’s Copyright Agent. Please include sufficient information to assist
Billy OBrien, Realtor® in determining that the user repeatedly engaged in
infringing activity.
Billy OBrien, Realtor® registered a designated agent with
the Copyright Office pursuant to 17 U.S.C. 512(c). Billy OBrien, Realtor®’s
designated Copyright Agent is:
Billy OBrien, Realtor®
222 S. Harbor BL
Ste 530
Anaheim, CA 92805
United States
714-262-9059
Hello@iambillyobrien.realtor
Governing Law
These Terms are governed by the laws of the State of California, without reference to conflicts of laws. Regardless of your location,
any disputes that arise under these Terms will be litigated before a court in Orange County, California.
Entire Agreement
These Terms constitute the entire agreement and
understanding between the parties with respect to their subject matter and may
not be contradicted by evidence of any prior or contemporaneous oral or written
agreement. These Terms create no third party beneficiary rights.
Miscellaneous
Billy OBrien, Realtor®’s or your failure to exercise any
right provided for in these Terms shall not constitute a waiver of any rights
under these Terms. If any provision of these Terms is found to be
unenforceable, such unenforceability will not affect the validity of the
remaining provisions. You may not assign any of your rights under these Terms.
Billy OBrien, Realtor® may assign its rights under these Terms in whole or in
part at any time without your consent. No agency, partnership, joint venture,
or employment is created as a result of these Terms.