(Effective as of July 11, 2016, modified 7/25/2018)
About This Website
This Website allows you to learn more about our team, our services and about the communities we serve. In addition, we post news and information about our business and real estate market information. At this Website you can also search for homes for sale, set up your own personalized home search account, and get notified of new listings.
Registration: Rules For User Conduct and Use of the Website
You need to be at least 13 years old and a resident of the United States to register for and use the Website.
If you are a user who registers for personalized home search services at this Website, you will create a personalized account which includes a unique username and a password. Registration will allow you to access homes listed for sale, save your favorite homes for later viewing, and to receive notifications via email on new listings. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Website is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
• use the Website for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another user’s account without permission;
• provide false or inaccurate information when registering an account;
• interfere or attempt to interfere with the proper functioning of the Website;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; or
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company.
Links To Other Sites, 3rd Party Application Integration, and/or Materials
As part of the Website, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links or embedded services are provided as a courtesy to Website users. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or Websites available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed within/or from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation or integration of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate to from the Site or relating to any applications integrated within this site, or any applications you use or install from the site.
Copyright Complaints and Copyright Agent
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at: PO Box 452 Bonsall, CA 92003:
• The date of your notification;
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
• Information reasonably sufficient to permit the Website provider to contact you, such as an address, telephone number, and/or email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
Email May Not Be Used to Provide Notice
Communications made through the Website’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation. Legal notice shall only be provided via postal mail to the following postal address: UpCountri Homes & Estates, PO Box 452 Bonsall, CA 92003.
User Consent to Receive Communications in Electronic Form
You may opt out of such email messages by contacting us using the form below. Opting out may prevent you from receiving messages regarding the Company or special offers.
THE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSOTE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE WEBSITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
Limitation of Damages; Release
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE WEBSITE; (B) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.