Terms of Service

(last updated November 24, 2008)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

"You" or "Your" shall mean the person or entity accessing this site (the "Site") and using the services available on it (the "Services").

"We", "Us" or "Our" shall mean (1) the licensed real estate broker ("Broker") indentified above that is the owner and operator of the Site, (2) Roost, Inc. ("Roost"), which is providing web site design, hosting and technology services to the Broker pursuant to an agreement between Roost and the Broker, and (3) any third party licensees or contractors of Roost or the Broker that may be contributing functionality or content to the Site (the "Network").

By accessing and using the Services, You explicitly agree with Us to comply with and be bound by the following terms and conditions (the "Terms of Use Agreement").

Broker may change the Terms of Use Agreement at any time. You should periodically review the Terms of Use Agreement as posted on the Site and check the date of the most recent version. Your use of the Site constitutes Your acceptance of the version of this Terms of Use Agreement in effect at the time of Your most recent visit to the Site.

The Site Enables Property Search At the Site, You may access content supplied by third parties either as a link from, an add-on service, or in any other manner that such content may be accessible to You at, or in connection with, the Site. Such content includes websites, resources, data, software, applications and tools, all of which are, or may be, controlled or owned by third parties. Your search results, or the inclusion of any link on the Site, do not imply Our affiliation, endorsement, sponsorship, or adoption of any third party site or any information contained therein. Neither Broker, Roost nor the Network is responsible or liable for the contents of Your search results or the content You may find on any third party site to which you may be linked. You should conduct such necessary or appropriate investigations of such third party sites, including a review of their terms of use and privacy policies, before using the services available at such sites, or proceeding with any transaction with any of them. This Terms of Use Agreement only governs your use of the Services and Materials accessible at this Site. Once You leave the Site and are linked to, or visit, another site, this Terms of Use Agreement does not apply to the functionality or services available to You at such other site(s).

We Are Not Responsible for Third Party Content Accessible at this Site We are not responsible for any opinions, advice, statements, services, offers, or other information or content not provided by Us that may be available on the Site, including information or content supplied by third parties. Any such opinions, advice, statements, services, offers or other information not supplied or made by Us, are solely those of the respective author(s) or distributor(s) of such material. In many instances, the listing content available or accessible through this Site is supplied by parties other than Us, such as multiple listing services, individual property owners or builders, or real estate professionals, other than Broker. We do not endorse, and are not responsible for the accuracy or reliability of any statements or content accessible on the Site that are supplied by persons other than Us.

We do not guarantee the price, terms and conditions of acquisition, or availability of any property described on the Site, or of any services offered by any third party. Nothing on the Site should be construed as an offer to sell a particular property at a specific price, or on any specific terms and conditions. Rather real estate content accessible on the Site should be construed as a solicitation for You to submit an offer to acquire such property, or receive particular products or services. If you have a dispute with any third party product or service provider, You must resolve it directly with such party. You hereby release Us 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 the products or services offered by any third party.

No Automated Querying You may not send automated queries of any sort to our sites without express permission in advance from Roost. Note that "sending automated queries" includes, among other things:

1. using any software which sends queries to our sites to determine how a website or webpage "ranks" for various queries;
2. "meta-searching"; and
3. performing "offline" searches on any Ask web site

User Submitted Content You are solely responsible for any content and other material that You submit, publish, display or link to on or from the Site or send to other users of the Site. You may not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner(s) thereof. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy, or other rights of any party, or violates any federal, state or local laws. You may only submit content You have a reasonable basis to believe to be true, and You may not supply information for display on the Site that You know, or should know, upon exercise of reasonable care, to be false or misleading. You agree that by posting content on the Site, You are granting to Us a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Site and the Services to end-users. You understand that We do not endorse or warrant any particular content or information available on the Site that is created by, or originates from any third party. Additionally, we cannot guarantee the authenticity of any data, content, images or information that users may provide about themselves or their businesses.

For specific advice on legal or financial implications of any potential transaction, You should always seek the advice of a professional who is licensed and knowledgeable about the subject matter of Your concern, such as an attorney, accountant, financial advisor, or real estate appraiser.

We may delete any content that in Our sole judgment violates this Terms of Use Agreement, may be offensive or illegal, or may harm or threaten the safety or violate the rights of any person. We do not assume any responsibility for monitoring the Site or the Services for appropriate content or conduct. If at any time We choose, in Our sole discretion, to monitor the Site and the Services, We nonetheless do not assume any responsibility for the content, or any obligation to modify or remove any inappropriate content, nor do We assume any responsibility for the conduct of the user submitting any such content.

You agree not to use our Site to:

1. disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality.

Only the Broker is Providing or Offering to Provide Real Estate Services Only the Broker, and not Roost or the Network, are offering to provide real estate brokerage services at the Site, or through the Services accessible at the Site. Roost does not provide any real estate brokerage, valuation, legal, financial, or accounting services. Roost does not hold itself out as being licensed to perform any such services, and expressly disclaims any legal capacity or licensure to do so. Broker is responsible only for services provided by it or any licensed real estate agents affiliated with Broker. Roost and the Network do not assume any liability or responsibility for the services of Broker or any of its agents. Because the information available to You is provided by other content providers, including real estate multiple listing services, We cannot assume any responsibility or liability for the timeliness, completeness, or accuracy of any of the real estate content provided to You through the Site or the Service.

Modification of the Site or the Services We reserve the right to modify or discontinue the Site or the Services, or any portion or attribute thereof, or the offering of any information, goods, content, products or services with or without notice. We shall not be liable to you or any third party should We exercise Our right to modify or discontinue the Site or Services in whole or in part.

Copyright and License As between You and Us, We or Our licensors own the copyright rights in all Materials, works, programs, software and content displayed on the Site or utilized to operate the Site or the Services, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and any other files associated with the Site or the Services, and the selection and arrangement and compilation of information or data displayed on the Site, or incorporated into the Services. You shall not contest Our claims to such rights, not assist others in doing so. You shall not modify or remove any copyright notice that appears on any of the content, data or materials accessible to You on the Site or in the Services. You are granted a limited, non-exclusive, non-assignable, non-sub-licensable right to access the Site, use the Services and print the Materials only for your personal, non-commercial use only. We reserve the right, without notice and in Our sole discretion, to terminate Your license to use the Site or Services and to block or prevent Your future access to and use of the Site or the Services. 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 content, software, information, data or the Materials, including reproduction on any computer network or broadcast or publication media;
2. market, sell or make commercial use of the Site, the Services or any Materials;
3. systematically collect and use of any data or content accessible on the Site, or through the Services, including through the use of any data spiders, robots, or similar data gathering, mining or extraction methods or tools;
4. make derivative uses or works of the Site or any of 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 web page or form contained on a web page).

Except for the limited license granted to You, You are not conveyed any other right or license by implication, estoppel, or otherwise in or under any of Our patent, trademark, copyright, or proprietary rights, or such rights of any third party. Your unauthorized use of this Site or the Services will result in the immediate termination of Your permission to access the Site or the Services, and the license granted to You by this Terms of Use Agreement. Such conduct may also violate applicable laws, including laws protecting copyrights and trademarks, (including trade dress), and state or federal laws governing electronic communications.

We do not assert copyright or grant any rights to the images or descriptions of real estate listings that may be contained in Your search results displayed to You on the Site, or that may be accessible to You through links to third party websites. We provide these images and excerpted descriptions to enable You to link to another web site of Broker, or of a third party, at which additional information about a property identified in Your search results may be accessed. Your use of the images or descriptions of real property found at the site to which You link from this Site is subject to that site owner's terms of use agreement and intellectual property rights.

Trademarks and Service Marks The term "Roost" and the related Roost logos are trademarks or service marks of Roost, Inc. The Broker's name and related logos are trademarks or services marks of Broker. You may not copy, imitate or use, in whole or in part, either Roost's or Broker's trademarks, service marks, or logos, without the prior written permission of the respective owner. You also may not use any meta tags or any other "hidden text" utilizing "Roost", the name of the Broker, or any other name, trademark, or product name of Roost or Broker without the prior written permission of the owner of the trademark or product name. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Roost or Broker, and may not be copied, imitated, or used, in whole or in part, without prior written permission of the owner thereof. Any other trademarks, registered trademarks, or product or service names are the property of the person or entity that the marks or names identify. Reference to any third party products, services, processes, or other information, on the Site by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply Our endorsement, sponsorship or recommendation of such products, services, manufacturer, or supplier.

Digital Millennium Copyright Act Compliance We comply with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). 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 Our copyright agent the following written information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that You claim has been infringed upon;
3. A description of where the material that You claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. 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;
6. 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 Roost, You should confirm that You are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Our Copyright Agent for notice of claims of copyright infringement is provided below.

Attn: DMCA Agent
Roost, Inc.
795 Folsom St, First Floor
San Francisco, CA 94107
USA

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. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR 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, DATA, 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 TO THE FULLEST EXTENT PERMITTED BY LAW, BROKER, THE NETWORK, ROOST, OR THEIR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS SHALL NOT 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 YOUR USE OF THIS SITE, THE MATERIALS OR SERVICES.

Indemnification You agree to defend, indemnify, and hold Us harmless from any damages, costs, and expenses, including attorneys fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon Your use of the Site, the Services, or display of the Materials;

Choice of Law, Waiver and Claims This Terms of Use Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision of this Terms of Use Agreement will not be deemed to be a waiver of such right or provision. If any provision of this 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 this Terms of Use Agreement that 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 Your use of the Site, the Services, or any Materials must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Broker Does Not Assume Any Fiduciary Duties to You You understand and agree that Broker has not entered into any form of fiduciary or brokerage relationship with You solely by Your use of the Site or the Services, or accessing the Materials available on the Site. Any form of fiduciary or brokerage relationship between You and the Broker shall not exist unless and until an agent affiliated with the Broker shows You property available for sale or lease, or You request the Broker or one or more of its affiliated agents to assist You in procuring a real estate sales or lease contract on terms acceptable to You for the purchase, rental, or sale of a parcel of real estate.

Arbitration and Injunctive Relief Except for any suit seeking injunctive relief, any controversy or claim arising out of or relating to this Terms of Use Agreement, the Site, the Services or the Materials 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 Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that Your unauthorized use of the Site, the Services or the Materials will cause injury to Us that cannot adequately be remedied by money damages, and that We shall be entitled to preliminary or permanent injunctive relief to enjoin Your unauthorized conduct, which injunctive relief shall be in addition to any other remedies available to Us at law or equity, through judicial proceedings or arbitration as set forth above. If We are successful in securing a preliminary injunction order against You, You waive any obligation We may have to post a security bond in conjunction therewith; The parties to this Terms of Use Agreement agree that any suit for such injunctive relief shall be brought in the state or federal courts located in San Francisco, California. The parties expressly waive any objections to the personal jurisdiction or venue of such courts.

Modification We may change, add to or delete these Terms of Use or any portion thereof from time to time at its sole discretion.