Effective Date: May 30th, 2022
These Terms of Service (“Terms of Service”) will apply when you access, use or visit the Mike Richardson, Realtors websites, and any other website owned, operated or provided by us that provides a link to these Terms of Service, as well as any services, content or applications made available on the Sites or other applicable websites (these Sites, applicable websites, and services, content and apps collectively constitute, the “Service”). The Service is provided to you by Mike Richardson, Realtors (referred to in these Terms of Use as “the Company,” “we,” “us” and “our”). We prepared these Terms of Service to explain the terms that apply to your use of the Service. Note that websites and services provided by any affiliates, subsidiaries, or divisions of Mike Richardson, Realtors may be governed by separate terms and conditions.
BY ACCESSING OR OTHERWISE USING THE Service YOU AGREE TO THESE TERMS of Use. If at any time you do not accept the terms and conditions set forth in these Terms of Use, you must immediately stop using the Service.
Notice of arbitration and dispute resolution:
You and the Company AGREE THAT any future DISPUTES BETWEEN YOU AND the Company WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. Unless you choose to opt-out in accordance with Section 9.6. Unless you opt-out, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. IF YOU CHOOSE TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN Section 9.6 BELOW.
1. About Mike Richardson, Realtors:
We are a real estate and property management company with an established reputation as a leader in the Santa Barbara ares. All services are made and arranged pursuant to a California Law.
2. Updates to these Terms of Use:
We may change, modify or amend these Terms of Use from time to time. We will notify you of material changes to these Terms of USe by posting the amended terms on this Service. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the revised Terms of Use take effect. If you choose to continue using the Service after the new Terms of Use take effect, you will be bound by them.
3. Privacy Policy:
In connection with your use of the Service, please review our Privacy Policy on this website, in order to understand how we use information we collect from you when you access, visit or use the Service. Our Privacy Policy is part of and is governed by these Terms of Use. By agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Policy. You agree that we may use information collected from you in accordance with its terms.
4. Affirmative Representations Regarding Your Use of the Service:
When you use the Service, you represent that: (1) the information you submit to the Service is truthful, honest, and accurate; (2) your use of the Service does not violate any applicable laws or regulations; and (3) you are of legal age or otherwise have legal capacity to legally enter into these Terms of Use.
5. Prohibited Activities:
You agree that, in connection with your use of the Service, you shall not:
- Use the Service for any unauthorized purpose. Which includes collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized linking to the Service without our express written consent;
- Send chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service;
- Impersonate any other person or entity, or invade the privacy, or violate the personal or proprietary rights, of any person or entity;
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
- Circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying any Content (as defined in Section 5) or enforce limitations on the use of Service or Content.
6. Our Intellectual Property Rights
6.1 Content:
All content on the Service including text, graphics, logos, images, audio, video, data, music, software, and other materials (collectively the “Content”) is owned or licensed property of the Company or its licensors. As such it is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and presentation of all Content on the Service is the exclusive property of the Company and its licensors and protected by U.S. and international copyright laws. The Company and its licensors expressly reserve all its intellectual property rights in all Content. No rights are expressly granted herein are reserved.
6.2 License and Access:
The Company grants a limited license to access and make personal use of the Service and Content. Limited to the extent this use does not violate these Terms of Use including, without limitation, the prohibitions listed in the “Prohibited Activities” section of these Terms of Use. Accessing, downloading, printing, posting, storing or otherwise using the Service or any Content for any commercial purpose, whether for yourself or on behalf of any third party, constitutes a material breach of these Terms of Use.
6.3 Disclaimer of Software Warranties:
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE applicable LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE applicable LICENSE AGREEMENT, MIKE RICHARDSON, REALTORS AND ITS SUPPLIERS and licensors HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OR USE FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7. Management of the Service; User Misconduct
7.1 Our Right to Manage Services:
We reserve the right, but without the obligation to: (1) monitor or review the Service for violations of these Terms of Use and for compliance with policies; (2) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; (3) refuse or restrict access to or the availability of, or remove, delete, edit or disable (to the extent feasible) any Content or Software, or any portion of; (4) manage the Service in a manner designed to protect our and any third party rights and property or to facilitate the proper function of the Service; and/or (5) terminate or block use of the Service for violating these Terms of Use.
7.2 Right to Terminate Users:
WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Use or any remedy we may have under law or in equity, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Use, OR OF ANY APPLICABLE LAW OR REGULATION.
8. Third Party Sites:
The Service may contain links to websites operated by third parties (“Third Party Sites”); that we do not own or operate, and we have not reviewed, and cannot review, all of the material, including products or services, made available through them. Availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, products or services available on them in any way. Third party material accessed through or used by means of the Third Party Sites may also be protected by copyright and intellectual property laws. These Terms of USE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING ANY THIRD PARTY SITE through links or other MEANS provided on or through the service, be sure that you REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS and PRIVACY Policy, AND INFORM yourself OF ANY REGULATIONS, POLICIES AND PRACTICES OF THESE SITES.
9. Legal Disputes & Arbitration Agreement
Read The Following Clause Carefully: It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court:
9.1 Initial Dispute Resolution:
We are available by email to address any concerns you may have regarding your use of our Service. Many concerns may be quickly resolved in this manner. You and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiation. Which shall be a precondition to either party initiating a lawsuit or arbitration.
9.2 Agreement to Binding Arbitration:
If we cannot reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 9.1 above, then either party may initiate binding arbitration. Any claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at their own expense. The parties shall select a single neutral arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. Arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act.
9.3 Class Action & Class Arbitration Waiver:
You and we each additionally agree that any arbitration shall be conducted in respective individual capacities only, and not as a class action or other representative action. You expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 9.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
9.4 Exception: Small Claims Court Claims:
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
9.5 Exception: California Private Attorneys General Act (PAGA) Action:
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
9.6 Right to Opt-Out:
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 9.2 and 9.3 only by sending written notice of your decision to opt-out by emailing us. The notice must be sent within thirty (30) days of commencing use of the Service. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we shall also not be bound by them.
9.7 Exclusive Venue for Litigation:
To the extent that the arbitration provisions set forth in Section 9.2 do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 9, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Santa Barbara County, California (except for small claims court actions which may be brought in the county where you reside). Parties expressly consent to exclusive jurisdiction in Santa Barbara County, California for any litigation other than small claims court actions. In the event of litigation related to these Terms of Use or the Service, parties agree to waive, to the extent permitted by law, any right to a jury trial.
9.8 Applicable Law:
You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and the Company.
10. Warranty Disclaimer; Limitation of Liability
10.1 Disclaimer of Warranties
- to the extent permitted by applicable law, The Service, the Content, software, and ANY OTHER MATERIALs OR ITEMS PROVIDED THROUGH the Service ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATiNG the Service, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE Any of the Content, software, MATERIALs OR ITEMS AVAILABLE ON OR LINKED TO BY the Service, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE the Content OR ANY OTHER MATERIALs OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the Service. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms of Use. YOU AGREE THAT YOUR USE OF The Service WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR Affiliates, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Service AND YOUR USE THEREOF.
- To the extent permitted by applicable law, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF the Service, the Content, OR ANY OTHER MATERIALs OR ITEMS ON the service OR LINKED TO BY the Service. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF the CONTENT, MATERIAL OR ITEMS (for clarity, on or off the service), (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED on our service, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM the service, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the service BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY of the CONTENT, software, MATERIALs or items OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY of the CONTENT, Software, materials or items POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE through the Service.
10.2 Limited Liability
To the extent permitted by applicable laws, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF this Service, Content, software, OR ANY other materials or items on the Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of Use, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms of Use, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
11. Indemnity:
You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Service or any Content or information available through the Service, or your violation of these Terms of Use and/or our Privacy Policy and/or the terms and conditions that are applicable to your use of Third Party Sites.
12. Notice to New Jersey Users:
For New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
13. Notice to California Users:
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
14. Independent Contractors:
Nothing in these Terms of Service shall be deemed to create an partnership, agency, joint venture, employer-employee or franchisor-franchisee relationship of any kind between the Company and any user of this service.
15. Non-Waiver:
Any failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of the applicable right or provision.
16. Severability:
These Terms of Use operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not in any way affect the validity and enforceability of any remaining provisions.
17. Entire Agreement:
These Terms of Use constitute the entire agreement between you and Mike Richards, Realtors with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mike Richards, Realtors with respect to the Service. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Assignment:
We may assign our rights under these Terms of Use without your approval and with or without notice to you.
18. No Modifications by Employees:
If any employees offer to modify the terms of these Terms of Use, he/she/they is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
19. Contact Information:
If you have any questions about these Terms of Use or the Company, please contact us at via email.
20. Standard Operating Procedure Required by the NY Real Estate Law
Pursuant to New York Real Property Law section 442-h (rules of the Secretary of State relating to real estate brokers and salespersons), prior to receiving any services from Mike Richardson, Realtors, you must meet their requirements. Including providing valid and acceptable proof of identification.
