STEVENSON REAL ESTATE SERVICES
TERMS OF USE AGREEMENT
Last Updated: September 1, 2023
Welcome to the Stevenson Real Estate Services (“our,” “us,” “we,” or “Company”) website and mobile applications/apps (www.stevensonrealestate.com) (collectively, the “Site”). The Site is maintained as a service to our visitors, customers and clients (collectively, “you”). BY USING THE SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SITE.
1. Agreement. This Term of Use agreement (the “Agreement”) specifies the terms and conditions for access to and use of the Site and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Company upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at the Site. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy.
3. Ownership. All content included on the Site is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Information Errors and Corrections. Although we strive at all times to maintain the accuracy of information maintained on the Site (including property details, pricing and other information for listings and services), occasionally information errors may occur. In the event that a listing or service that is addressed or made available through the Site is mistakenly listed with incorrect information (including at an incorrect price), we reserve the right to update such listing or service with the correct information or remove such listing or service description.
5. Intended Audience. The Site is not intended for individuals under eighteen (18) years of age.
6. Trademarks. All noted trademarks on the Site, and others are either trademarks or registered trademarks of Company. Other product and company names mentioned on the Site may be trademarks of their respective owners.
7. Site Use. Company grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of the Site is at the discretion of Company and it may terminate your use of The Site at any time.
8. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
9. No Brokerage Relationship. Your use of the Site does not give rise to or create a brokerage or sales relationship or services engagement between you and Company. Any such relationship will only be formed, if at all, based upon a separate written agreement between you and Company setting forth the scope, subject matter and related details of such business relationship.
10. Third Party Content. Certain information and other content appearing in listings and services descriptions or advertisements on the Site may be the material of third-party licensors and suppliers to Company (“Third Party Content“). Third Party Content does not include materials and other content posted on the Site by you or other users (as applicable “User Content”). Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal use or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. COMPANY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Links to Third Party Sites. The Site may be linked to other websites or applications/apps that are not Company sites or apps. Company is providing these links to you only as a convenience, and Company is not responsible for such linked sites or apps, including, without limitation, the content or links displayed on such sites or apps.
12. Submissions. Any text, feedback on the Site or other information that you submit, post or otherwise make available on the Site, such as comments and suggestions, are considered “Submissions.” Submissions do not include User Content that is made available on or through the Site. You, and not Company, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. You agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Please note that, generally, Submissions will be accessible by other users on the Site. You agree that Company is free to use a Submission on an unrestricted basis for any purpose and you grant Company a sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. You agree that Company may incorporate Third Party Content on, in and/or around your Submissions and/or User Content. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to Company, such as your User Content. If you use software tools to import content from other sources on the Internet to create User Content, you agree that you have all necessary rights and permissions to use such content and to create the User Content using that third party content and that you will only submit and use User Content in any account that you register for or have access to in a manner that complies with all applicable laws and regulations. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission and/or User Content that you make. You represent and warrant that: (i) you own all Submissions and/or User Content posted by you on or through this Site or otherwise have the right to grant the licenses to Company set forth in this section, and (ii) the posting of your Submissions and/or User Content on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions and/or User Content posted by you to or through the Site. Company shall have no obligation to pay you any fees or royalties for your Submissions and/or User Content.
13. Unauthorized Activities. Unauthorized use of any User Content, the Site or Third Party Content contained on the Site may violate certain laws and regulations. You agree to indemnify and hold Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party based on your submitted User Content and/or that your use of the Site or Third Party Content or the use by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.
14. Proprietary Rights. “Stevenson Real Estate Services” and the Stevenson Real Estate Services’ logo are protected trademarks of Company. Other trademarks, names and logos on the Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, Site, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company or its licensors. The Site is protected by copyright laws (Copyright © 2023 Stevenson Real Estate Services). All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
15. Indemnification. You agree to indemnify, defend and hold Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
16. Disclaimer. Your use of the Site is at your own risk. Neither the User Content, the Site or Third Party Content nor Submissions have been verified or authenticated in whole or in part by the Company, and they may include inaccuracies or typographical or other errors. Company does not warrant the accuracy or timeliness of the User Content, Submissions or the Third Party Content contained on the Site. The Company has no liability for any errors or omissions in the User Content, Submissions and/or the Third Party Content, whether provided by the Company or our licensors. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING AS TO LISTINGS AND SERVICES OFFERED BY COMPANY: (A) COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY LISTINGS OR SERVICES OFFERED BY COMPANY, THE SITE, ANY MATERIALS, USER CONTENT, USER SITES, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, USER SITES, AND THE THIRD PARTY CONTENT; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY LISTINGS OR SERVICES OFFERED BY COMPANY, THE SITE, MATERIALS, USER CONTENT, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR DEVICE AS A RESULT OF USING THIS PLATFORM, AND COMPANY DOES NOT GUARANTEE ANY UPTIME OR AVAILABILITY OF THE SITE.
17. Limitation of Liability. COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS, USER CONTENT, OR THIRD PARTY CONTENT TO OR FROM THE SITE. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE AND COMPANY SHALL NOT BE LIABLE IN THE AGGREGATE FOR THE GREATER OF: (A) THE PAYMENT AMOUNTS, IF ANY, PAID BY YOU TO COMPANY TO ACCESS THE SITE DURING THE PRIOR TWELVE (12) MONTHS OR (B) FIFTY DOLLARS ($50.00). You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
18. Local Laws; Export Control. Company Content, User Content and/or Third Party Content may not be appropriate or available for use outside of the United States of America. If you use the Site outside the United States of America, you are responsible for following all applicable local laws and regulations, including any applicable export controls and privacy laws.
19. Use of Information. Company reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
20. Applicable Law; Disputes.
a. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Company or its affiliates.
b. You agree and consent to the exclusive jurisdiction and venue in the state or federal courts in the County of Los Angeles, State of California.
c. Prior to the filing of any lawsuit with respect to any dispute arising under this Agreement (other than a suit seeking injunctive relief with respect to the infringement of intellectual property rights or breach of the confidentiality provisions hereof), the aggrieved party will request in writing senior management involvement of the other party in the negotiation of an amicable resolution. The Parties will use their best efforts in good faith to arrange personal meetings and/or telephone conferences as needed and mutually convenient to the management personnel involved within the fifteen (15) day period following the request for dispute resolution negotiations (the “Negotiation Period”), and no lawsuit shall be commenced with respect to the dispute during such fifteen (15) day Negotiation Period.
21. Force Majeure Conditions. Company shall not be responsible for any delays or failures of performance resulting from acts beyond its control, including, without limitation, acts of God, acts of war, riots, acts of terror, public health emergencies, epidemics, pandemics, and other acts or omissions of third parties such as interruptions, delays, or malfunctions of service by third-party service providers.
22. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
23. Waiver. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver by Company of this Agreement must be in writing and signed by an authorized representative of Company.
24. Termination. Company may terminate (as determined in its sole discretion) this Agreement at any time, with or without notice, for any reason.
25. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
26. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Company and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. Company may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Agreement (i.e., these Terms of Use) periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement.
27. Contact Information.
Stevenson Real Estate Services
Attn: Data Protection Team
1111 North Brand Boulevard, Suite 250
Glendale, CA 91202