Terms of Service

Terms of Service


TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY

ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE

BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF

YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN

PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF

SERVICE AGREEMENT IS EFFECTIVE AS OF MAY 1, 2015 .

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern

the relationship with our users and others which may interact or interface with californiahomes.com, also

known as californiahomes.com, located at 4 Brattle Street/ Suite 207, Cambridge, Massachusetts 02138, and

our subsidiaries and affiliates, in association with the use of the californiahomes.com website, which includes

californiahomes.com (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a news and information website which has the following description:

A real estate posting website

Any and all visitors to our site , despite whether they are registered or not, shall be deemed as “users” of the

herein contained Services provided for the purpose of this TOS. Once an individual registers for our

Services, through the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the Services provided and made available through

our website and applications, which may include some mobile applications and that those applications may

be made available on various social media networking sites and numerous other platforms and

downloadable programs, are the sole property of californiahomes.com. At its discretion, californiahomes.com may

offer additional website Services and/or products, or update, modify or revise any current content and

Services, and this Agreement shall apply to any and all additional Services and/or products and any and all

updated, modified or revised Services unless otherwise stipulated. californiahomes.com does hereby reserve

the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end

user and/or member , acknowledge, accept and agree that californiahomes.com shall not be held liable for any

such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or

products. Your continued use of the Services provided, after such posting of any updates, changes, and/or

modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such,

frequent review of this Agreement and any and all applicable terms and policies should be made by you to

ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated,

modified, revised or modified terms, you must stop using the provided Services.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall

be provided “AS IS” and as such californiahomes.com shall not assume any responsibility or obligation for the

timeliness, missed delivery, deletion and/or any failure to store user content, communication or

personalization settings.

REGISTRATION

To register and become a “member” of the Site, you must be 18 years of age to enter into and form a legally

binding contract. In addition, you must be in good standing and not an individual that has been previously

barred from receiving californiahomes.com’s Services under the laws and statutes of the United States or other

applicable jurisdiction.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

  1. a) furnish factual, correct, current and complete information with regards to yourself as may be

requested by the data registration process, and

  1. b) maintain and promptly update your registration and profile information in an effort to maintain

accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,

californiahomes.com will have sufficient grounds and rights to suspend or terminate the member in violation of

this aspect of the Agreement, and as such refuse any and all current or future use of californiahomes.com

Services, or any portion thereof.

It is californiahomes.com’s priority to ensure the safety and privacy of all its visitors, users and members,

especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13

that permit their child or children access to the californiahomes.com website platform Services must create a

“family” account, which will certify that the individual creating the “family” account is of 18 years of age

and as such, the parent or legal guardian of any child or children registered under the “family” account. As

the creator of the “family” account, s/he is thereby granting permission for his/her child or children to

access the various Services provided, including, but not limited to, message boards, email, and/or instant

messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services

and/or content provided are age-appropriate for his/her child.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

After completion of the registration data and creation of your username, you will receive a random

password—which you can later change—and account designation. You shall be responsible for maintaining

the secrecy and confidentiality of your password and for all activities that transpire on or within your

account. It shall be your responsibility to notify californiahomes.com immediately if you notice any

unauthorized access or use of your account or password or any other breach of security. californiahomes.com

shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or

condition of the TOS.

CONDUCT

As a member of the Site, you herein acknowledge, understand and agree that all information, text, software,

data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately

posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content

originated. In short, this means that you are solely responsible for any and all content posted, uploaded,

emailed, transmitted or otherwise made available by way of californiahomes.com Services, and as such, we do

not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our

Services, you may be exposed to content including, but not limited to, any errors or omissions in any

content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted,

emailed, transmitted or otherwise made available by californiahomes.com.

Furthermore, you herein agree not to make use of californiahomes.com’s Services for the purpose of:

  1. a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be

deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,

libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise

objectionable;

  1. b) causing harm to minors in any manner whatsoever;
  2. c) impersonating any individual or entity, including, but not limited to, any californiahomes.com officials,

forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an

individual or entity;

  1. d) forging captions, headings or titles or otherwise offering any content that you personally have no

right to pursuant to any law nor having any contractual or fiduciary relationship with;

  1. e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe

upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other

party;

  1. f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not

personally have any right to offer pursuant to any law or in accordance with any contractual or

fiduciary relationship;

  1. g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized

advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any

such areas that may have been designated for such purpose;

  1. h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a

software virus or other computer code, any files and/or programs which have been designed to

interfere, destroy and/or limit the operation of any computer software, hardware, or

telecommunication equipment;

  1. i) disrupting the normal flow of communication, or otherwise acting in any manner that would

negatively affect other users’ ability to participate in any real time interactions;

  1. j) interfering with or disrupting any californiahomes.com Services, servers and/or networks that may be

connected or related to our website, including, but not limited to, the use of any device software

and/or routine to bypass the robot exclusion headers;

  1. k) intentionally or unintentionally violating any local, state, federal, national or international law,

including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and

Exchange Commission, in addition to any rules of any nation or other securities exchange, that

would include without limitation, the New York Stock Exchange, the American Stock Exchange, or

the NASDAQ, and any regulations having the force of law;

  1. l) providing informational support or resources, concealing and/or disguising the character, location,

and or source to any organization delegated by the United States government as a “foreign terrorist

organization” in accordance to Section 219 of the Immigration Nationality Act;

  1. m) “stalking” or with the intent to otherwise harass another individual; and/or
  2. n) collecting or storing of any personal data relating to any other member or user in connection with the

prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

californiahomes.com herein reserves the right to pre-screen, refuse and/or delete any content currently

available through our Services. In addition, we reserve the right to remove and/or delete any such content

that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or

members.

californiahomes.com herein reserves the right to access, preserve and/or disclose member account information

and/or content if it is requested to do so by law or in good faith belief that any such action is deemed

reasonably necessary for:

  1. a) compliance with any legal process;
  2. b) enforcement of the TOS;
  3. c) responding to any claim that therein contained content is in violation of the rights of any third party;
  4. d) responding to requests for customer service; or
  5. e) protecting the rights, property or the personal safety of californiahomes.com, its visitors, users and

members, including the general public.

californiahomes.com herein reserves the right to include the use of security components that may permit digital

information or material to be protected, and that such use of information and/or material is subject to usage

guidelines and regulations established by californiahomes.com or any other content providers supplying

content services to californiahomes.com. You are hereby prohibited from making any attempt to override or

circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction,

publication, distribution, or exhibition of any information or materials supplied by our Services, despite

whether done so in whole or in part, is expressly prohibited.

INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using californiahomes.com to send electronic

communications, which would include, but are not limited to, email, searches, instant messages, uploading

of files, photos and/or videos, you will be causing communications to be sent through our computer

network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that

the use of this Service shall result in interstate transmissions.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all

local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting

and/or transferring of software, technology and other technical data may be subject to the export and import

laws of the United States and possibly other countries. Through the use of our network, you thus agree to

comply with all applicable export and import laws, statutes and regulations, including, but not limited to,

the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the

sanctions control program of the United States (http://www.treasury.gov/resourcecenter/

sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

  1. a) are not on the list of prohibited individuals which may be identified on any government export

exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of

any other government which may be part of an export-prohibited country identified in applicable

export and import laws and regulations;

  1. b) agree not to transfer any software, technology or any other technical data through the use of our

network Services to any export-prohibited country;

  1. c) agree not to use our website network Services for any military, nuclear, missile, chemical or

biological weaponry end uses that would be a violation of the U.S. export laws; and

  1. d) agree not to post, transfer nor upload any software, technology or any other technical data which

would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

californiahomes.com shall not lay claim to ownership of any content submitted by any visitor , member or

user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and

allow for californiahomes.com the below listed worldwide, royalty-free and non-exclusive licenses, as

applicable:

  1. a) The content submitted or made available for inclusion on the publicly accessible areas of

californiahomes.com’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt,

publicly perform and/or publicly display said Content on our network Services is for the sole

purpose of providing and promoting the specific area to which this content was placed and/or made

available for viewing. This license shall be available so long as you are a member of

californiahomes.com’s sites, and shall terminate at such time when you elect to discontinue your

membership.

  1. b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly

accessible areas of californiahomes.com’s sites, the license provided to permit to use, distribute,

reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network

Services are for the sole purpose of providing and promoting the specific area in which this content

was placed and/or made available for viewing. This license shall be available so long as you are a

member of californiahomes.com’s sites and shall terminate at such time when you elect to discontinue

your membership.

  1. c) For any other content submitted or made available for inclusion on the publicly accessible areas of

californiahomes.com’s sites, the continuous, binding and completely sub-licensable license which is

meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform

and/or publicly display said content, whether in whole or in part, and the incorporation of any such

Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of californiahomes.com’s sites are those such

areas of our network properties which are meant to be available to the general public, and which would

include message boards and groups that are openly available to both visitors and members . However, those

areas which are not open to the public, and thus available to members only, would include our mail system

and instant messaging .

 

FOR REAL ESTATE AGENTS AND COMPANIES

If you are a Real Estate Agent, Real Estate Company or a person buying and selling real estate when you post a property on californiahomes.com you warrant and guarantee that you are authorize to represent that property in the marketplace.

 

You shall hold californiahomes.com harmless and shall indemnify californiahomes.com for any damages or liability that result from your postings on californiahomes.com.  You are solely responsible for the content and images of your postings on californiahomes.com.

 

Misrepresentations in word or images are prohibited and banned.

 

californiahomes.com reserves the right to remove any postings, listings or content for any reason at their discretion without notification or explanation.

 

californiahomes.com reserves the right to reject any postings, listings or content for any reason at their discretion without notification or explanation.

 

californiahomes.com may require you to verify that you have a legal right to exclusively represent the property to the marketplace.  Californiahomes.com may require you to verify the contact information in your listing or posting. Californiahomes.com may require you to verify information or claims made in your listing.

 

californiahomes.com is a posting service and takes no responsibility for the accuracy or reliability of the information or claims made in the postings which are provided by the person posting the property.  The use of an attorney is recommended in any real estate transaction.

 

californiahomes.com does not discriminate based on race, religion, sexual orientation or ethnicity and does not permit any postings on californiahomes.com that discriminate or imply they discriminate based on race, religion, sexual orientation or ethnicity.

 

californiahomes.com reserves the right to change, modify, revise or eliminate any terms of this policy for any reason without notice or explanation.

 

CONTRIBUTIONS TO COMPANY WEBSITE

californiahomes.com provides an area for our users and members to contribute feedback to our website. When

you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge

and agree that:

  1. a) your Contributions do not contain any type of confidential or proprietary information;
  2. b) californiahomes.com shall not be liable or under any obligation to ensure or maintain confidentiality,

expressed or implied, related to any Contributions;

  1. c) californiahomes.com shall be entitled to make use of and/or disclose any such Contributions in any such

manner as they may see fit;

  1. d) the contributor’s Contributions shall automatically become the sole property of californiahomes.com;

and

  1. e) californiahomes.com is under no obligation to either compensate or provide any form of reimbursement

in any manner or nature.

INDEMNITY

All users and/or members herein agree to insure and hold californiahomes.com, our subsidiaries, affiliates,

agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand,

which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise

from any content a member or user of our site may submit, post, modify, transmit or otherwise make

available through our Services, the use of californiahomes.com Services or your connection with these

Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any

commercial reason any part, use of, or access to californiahomes.com’s sites.

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that californiahomes.com may set up any such practices and/or limits regarding the

use of our Services, without limitation of the maximum number of days that any email, message posting or

any other uploaded content shall be retained by californiahomes.com, nor the maximum number of email

messages that may be sent and/or received by any member, the maximum volume or size of any email

message that may be sent from or may be received by an account on our Service, the maximum disk space

allowable that shall be allocated on californiahomes.com’s servers on the member’s behalf, and/or the

maximum number of times and/or duration that any member may access our Services in a given period of

time. In addition, you also agree that californiahomes.com has absolutely no responsibility or liability for the

removal or failure to maintain storage of any messages and/or other communications or content maintained

or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove

any account that is no longer active for an extended period of time. Furthermore, californiahomes.com shall

reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Any messenger service, which may include any web-based versions, shall allow you and the individuals

with whom you communicate with the ability to save your conversations in your account located on

californiahomes.com’s servers. In this manner, you will be able to access and search your message history from

any computer with internet access. You also acknowledge that others have the option to use and save

conversations with you in their own personal account on californiahomes.com. It is your agreement to this

TOS which establishes your consent to allow californiahomes.com to store any and all communications on its

servers.

MODIFICATIONS

californiahomes.com shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,

whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In

addition, we shall not be held liable to you or to any third party for any such alteration, modification,

suspension and/or discontinuance of our Services, or any part thereof.

TERMINATION

As a member of californiahomes.com, you may cancel or terminate your account, associated email address

a n d / o r access to our Services by submitting a cancellation or termination request to

manager@californiahomes.com.

As a member, you agree that californiahomes.com may, without any prior written notice, immediately

suspend, terminate, discontinue and/or limit your account, any email associated with your account, and

access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation

of access shall include, but is not limited to:

  1. a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or

guideline;

  1. b) by way of requests from law enforcement or any other governmental agencies;
  2. c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
  3. d) unexpected technical or security issues and/or problems;
  4. e) any extended periods of inactivity;
  5. f) any engagement by you in any fraudulent or illegal activities; and/or
  6. g) the nonpayment of any associated fees that may be owed by you in connection with your

californiahomes.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or

limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or

any other third party with regards to the termination of your account, associated email address and/or

access to any of our Services.

The termination of your account with californiahomes.com shall include any and/or all of the following:

  1. a) the removal of any access to all or part of the Services offered within californiahomes.com;
  2. b) the deletion of your password and any and all related information, files, and any such content that

may be associated with or inside your account, or any part thereof; and

  1. c) the barring of any further use of all or part of our Services.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located

on or through our Services, which may include the payment and/or delivery of such related goods and/or

Services, and any such other term, condition, warranty and/or representation associated with such dealings,

are and shall be solely between you and any such advertiser. Moreover, you herein agree that

californiahomes.com shall not be held responsible or liable for any loss or damage of any nature or manner

incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our

website.

LINKS

Either californiahomes.com or any third parties may provide links to other websites and/or resources. Thus,

you acknowledge and agree that we are not responsible for the availability of any such external sites or

resources, and as such, we do not endorse nor are we responsible or liable for any content, products,

advertising or any other materials, on or available from such third party sites or resources. Furthermore, you

acknowledge and agree that californiahomes.com shall not be responsible or liable, directly or indirectly, for

any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection

with the use of or the reliance on any such content, goods or Services made available on or through any

such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that californiahomes.com’s Services and any essential software that

may be used in connection with our Services (“Software”) shall contain proprietary and confidential

material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein

acknowledge and agree that any Content which may be contained in any advertisements or information

presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or

other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law

or as authorized by californiahomes.com or such applicable licensor, you agree not to alter, modify, lease, rent,

loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are

based on californiahomes.com Services (e.g. Content or Software), in whole or part.

californiahomes.com herein has granted you personal, non-transferable and non-exclusive rights and/or license

to make use of the object code or our Software on a single computer, as long as you do not, and shall not,

allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse

assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a

security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein

agree not to alter or change the Software in any manner, nature or form, and as such, not to use any

modified versions of the Software, including and without limitation, for the purpose of obtaining

unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services

through any means other than through the interface which is provided by californiahomes.com for use in

accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. a) THE USE OF CALIFORNIAHOMES.COM SERVICES AND SOFTWARE ARE AT THE SOLE

RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”

AND/OR “AS AVAILABLE” BASIS. CALIFORNIAHOMES.COM AND OUR SUBSIDIARIES,

AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS

EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER

EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED

WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE

AND NON-INFRINGEMENT.

  1. b) CALIFORNIAHOMES.COM AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,

PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i)

CALIFORNIAHOMES.COM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;

(ii) CALIFORNIAHOMES.COM SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,

TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE

OBTAINED FROM THE USE OF THE CALIFORNIAHOMES.COM SERVICES OR SOFTWARE

WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,

ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR

OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR

EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE

SHALL BE CORRECTED.

  1. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY

OF CALIFORNIAHOMES.COM SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR

SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY

RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF

ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET

ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT

COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR

MATERIAL.

  1. d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT

MAY BE OBTAINED BY YOU FROM CALIFORNIAHOMES.COM OR BY WAY OF OR FROM

OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY

STATED IN THE TOS.

  1. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF

EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE

USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO

HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,

ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC

CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE

FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON,

EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY

INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CALIFORNIAHOMES.COM

AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND

LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL,

SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,

DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE,

DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED

OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. a) THE USE OR INABILITY TO USE OUR SERVICE;
  2. b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
  3. c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS

AND/OR DATA;

  1. d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
  2. e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or

other information from our Services concerning companies, stock quotes, investments or securities, please

review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this

particular type of information, the phrase “Let the investor beware” is appropriate. californiahomes.com’s

content is provided primarily for informational purposes, and no content that shall be provided or included

in our Services is intended for trading or investing purposes. californiahomes.com and our licensors shall not

be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or

made available by way of our Services, and shall not be responsible or liable for any trading and/or

investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF

SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO

YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there

shall be third-party beneficiaries to this agreement.

NOTICE

californiahomes.com may furnish you with notices, including those with regards to any changes to the TOS,

including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website

Services, or other reasonable means currently known or any which may be herein after developed. Any

such notices may not be received if you violate any aspects of the TOS by accessing our Services in an

unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have

received any and all notices that would have been delivered had you accessed our Services in an authorized

manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the californiahomes.com trademarks, copyright,

trade name, service marks, and other californiahomes.com logos and any brand features, and/or product and

service names are trademarks and as such, are and shall remain the property of californiahomes.com. You

herein agree not to display and/or use in any manner the californiahomes.com logo or marks.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE

& PROCEDURES

californiahomes.com will always respect the intellectual property of others, and we ask that all of our users to

the same. With regards to appropriate circumstances and at its sole discretion, californiahomes.com may

disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the

rights of others. If you feel that your work has been duplicated in such a way that would constitute

copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you

should provide to us the following information:

  1. a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of

the copyright or other intellectual property interest;

  1. b) A description of the copyrighted work or other intellectual property that you believe has been

infringed upon;

  1. c) A description of the location of the site which you allege has been infringing upon your work;
  2. d) The physical address, telephone number, and email address;
  3. e) A statement, in which you state that the alleged and disputed use of your work is not authorized by

the copyright owner, its agents or the law;

  1. f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your

notice is the truth and accurate, and that you are the copyright or intellectual property owner,

representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The californiahomes.com Agent for notice of claims of copyright or other intellectual property infringement

can be contacted as follows:

Mailing Address:

californiahomes.com

Attn: Copyright Agent

4 Brattle Street/ Suite 207

Cambridge, Massachusetts 02138

Telephone: 617-254-7755

Fax: N/a

Email: manager@californiahomes.com

CLOSED CAPTIONING

BE IT KNOWN, that californiahomes.com complies with all applicable Federal Communications Commission

rules and regulations regarding the closed captioning of video content. For more information, please visit

our website at californiahomes.com.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and californiahomes.com and shall govern the use of

our Services, superseding any prior version of this TOS between you and us with respect to

californiahomes.com Services. You may also be subject to additional terms and conditions that may apply

when you use or purchase certain other californiahomes.com Services, affiliate Services, third-party content or

third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and californiahomes.com with regard to the TOS that the relationship

between the parties shall be governed by the laws of the state of Massachusetts without regard to its conflict

of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to

the TOS, or the relationship between you and californiahomes.com, shall be filed within the courts having

jurisdiction within the County of Middlesex, Massachusetts or the U.S. District Court located in said state.

You and californiahomes.com agree to submit to the jurisdiction of the courts as previously mentioned, and

agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to

venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should californiahomes.com fail to exercise or enforce any right or provision of the TOS, such

failure shall not constitute a waiver of such right or provision. If any provision of this TOS 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 the TOS

remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID

and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death

certificate, your account may be terminated and all contents therein permanently deleted.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or

action arising out of or related to the use of our Services or the TOS must be filed within 6 Months year(s)

after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to californiahomes.com as follows:

Mailing Address:

californiahomes.com

Attn: Copyright Agent

4 Brattle Street/ Suite 207

Cambridge, Massachusetts 02138

Telephone: 617-254-7755

Fax: N/a

Email: manager@californiahomes.com

 

Leave a Reply

Your email address will not be published. Required fields are marked *