General Terms and Conditions of Use. These General Terms and Conditions of Use (“General Terms and Conditions”) apply to your use of these website/pages. All of these website/pages are operated by and are property of Alain Pinel Realtors. Each of these separate website/pages is intended for the exclusive use of those persons whose presence is permitted by us, and we reserve the right to change, amend, modify or discontinue any online posting or relationship at any time for any reason without notice and further reserve the right to admit, expel, re-admit, limit or discontinue participation by any person for any reason without notice. By entering any of these website/pages, you consent to the foregoing and to the transmission, use for any purpose and routine monitoring of all such information and presence. No person has any right to copy, resell, reformat or repackage any of the information without our prior written permission. These General Terms and Conditions are intended to govern the terms of these website/pages and to be read together and supplement all other written agreements between you and us and to supplement any notices and terms posted on these website/pages and you irrevocably agree to the same by entering the website/pages. By using this site, you consent to these terms and conditions and to any and all further practices and procedures and notices on these website/pages, as from time to time added, changed or amended. If you do not fully agree to all of these General Terms and Conditions, you cannot use this site. You should read through all the General Terms and Conditions carefully. If you use any of the website/pages operated by us, you also agree to be bound by any other terms, agreements, posted elsewhere on these or our other website/pages. We urge all users to be responsible about their use of these website/pages. Unless otherwise expressly stated by us, we do not own or manage any real property on the Site. We are not responsible for the condition of any real property posted on our website/pages. Users are granted a limited, revocable, non-exclusive license to access the website/pages and the content and services provided on the website/pages all in accordance with these General Terms and Conditions. Any use of the website/pages that is not in accordance with these General Terms and Conditions or authorized by us in writing is prohibited. The limited license to use the website/pages granted to users in these General Terms and Conditions does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of any information nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission. No permission or license is granted to website or search engines or other services that provide classified listings or real estate advertisements, or otherwise or which is in the business providing services that compete with us. Our name and logo are registered trademarks in the United States and other jurisdictions. You may not use our names or logos without our prior written authorization.
DISCLAIMERS OF WARRANTY. We hereby DISCLAIM ALL WARRANTIES of use, fitness or otherwise, whether or not express or implied, with respect to participation in or the use of the website, its tools, its performance or operation, the information posted or exchanged, the requested transmission of information, any results or representations or otherwise. NO WARRANTY OR GUARANTEE IS MADE WITH RESPECT TO THE USE OF THESE WEBSITE/PAGES, THE USE OF THEIR TOOLS OR THE CHARACTER, REPUTATION OR RELIABLITY OF THOSE USING IT NOR IS ANY WARRANTY OF ANY RESULT OR ANY INFORMATION MADE AND ALL SUCH WARRANTIES AND GUARANTIES, EXPRESS OR IMPLIED ARE HEREBY EXPRESSLY DISCLAIMED. THESE WEBSITE/PAGES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE/PAGES, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE/PAGES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE/PAGES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE/PAGES OR ANY LINKED WEBSITE/PAGES, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT STATEMENTS OF PHYSICAL PROPERTIES OF ANY REAL PROPERTY, THE AREA OR SQUARE FOOTAGE OF ANY PROPERTY, OR THE INCLUSION OR EXCLUSION FROM ANY SCHOOL DISTRICT OR THE AMOUNT OF REAL PROPERTY TAXES OR TAX ADVICE IS ACCURATE AND THE SITE USER SHOULD INDEPENDENTLY INVESTIGATE SUCH INFORMATION FROM OTHER SOURCES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE/PAGES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE/PAGES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS WEBSITE/PAGES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US, NO FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
LIMITATIONS OF LIABILITY. IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR WEBSITE/PAGES, (B) THESE GENERAL TERMS AND CONDITIONS (C) ANY BREACH OF THESE GENERAL TERMS AND CONDITIONS BY YOU OR A THIRD PARTY, (D) USE OF THE WEBSITE/PAGES, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE WEBSITE/PAGES BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
Consent to Jurisdiction and Venue in San Jose, Santa Clara County, California/Additional Remedy of Injunctive Relief. Actual or threatened misappropriation or dissemination or misuse of the website/pages or of information which is transmitted to or received by you or other breach of this agreement may be enjoined in the Superior Court of the State of California for the County of Santa Clara, State of California and the United States District Court for the Northern District of California located in San Jose, California and you consent to jurisdiction and venue in these courts and you hereby further consent and agree that the venue and jurisdiction of and for any lawsuit, proceeding, dispute and/or claim, whether brought or initiated by us or by you, arising out of or related to your use or misuse of these website/pages, or any matter involving or relating to these website/pages and/or any matter involving or relating to these General Terms and Conditions or any other matter posted on these website/pages, or any other matter between you and us shall be exclusively in either of the above courts and jurisdictions located in Santa Clara County, California and in no other place, venue or jurisdiction. In the event of a breach or a threatened breach by you of any obligations under this agreement, you hereby agree that we do not have an adequate remedy at law, and shall suffer irreparable harm. Therefore, you agree that in addition to any other remedy at law or in equity, we shall be entitled to obtain in a court of law or equity: (i) a temporary restraining order and/or preliminary and permanent injunction restraining any further breach or threatened breach of such covenant or covenants, and (ii) damages as may be appropriate. This agreement shall be governed by California law.
Survival Clause. If any portion of the General Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these General Terms and Conditions shall remain in full force and effect. Further, any provision of these General Terms and Conditions and Rules held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Updates and Amendments. These General Terms and Conditions may be amended or updated at any time.