Terms Of Use

Terms of Use

COPYRIGHT

This website (the Site) is owned and operated together by Jeremy Root, a San Diego Realtor® and Windermere Real Estate Services Company, a Washington company (“Windermere”). By accessing and using the Site you agree to be bound by the terms and conditions below. This Agreement disclaims warranties and liability. Read these provisions carefully.

COPYRIGHT: All source code and content used on or in connection with the Site is the sole property of and copyrighted by Windermere, or has been licensed for use by permission of the copyright owner. No source code or other content from the Site may be copied or used for any purpose without the prior written permission of Windermere.
Information about and photographs of individual properties displayed on the Site are provided by the listing agent and/or by the multiple listing services for the area in which the subject property is located. Windermere asserts no copyright to any such content.

MLS DISCLAIMER

Information about individual properties is provided by one or more multiple listing services. The following disclaimers apply to information provided by each MLS. IDX information is provided exclusively for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.

San Diego County’s Regional Multiple Listing Service (SANDICOR). This information is provided by SANDICOR, Inc. Information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Listing(s) information is provided for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. ©2011 SANDICOR, Inc. All rights reserved.

CLAIMS OF COPYRIGHT INFRINGEMENT

 

 

 

Windermere respects the intellectual property rights of others and takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512(c)(3)) (“DMCA”), your written notice (“DMCA Notice”) must include substantially the following:

a. Identification of the copyrighted work that you claim has 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 the site;

b. Identification of the material that you claim is infringing, including a description of where it is located so that our copyright agent can locate it;

c. Your name, address, telephone number, and, if available, e-mail address, so that our copyright agent may contact you about your complaint; and

d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Our designated copyright agent to receive DMCA Notices is:

General Counsel
Windermere Services Co.
5424 Sand Point Way NE
Seattle, WA 98105
Phone: 206-527-3801
copyright@windermere.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may submit a counter notification to our copyright agent. Pursuant to the DMCA, a valid counter notification must include substantially the following

a. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

b. Your name, address, telephone number, and, if available, e-mail address, so that our copyright agent may contact you about your counter notification;

c. A signed statement under penalty of perjury that you have a good faith belief that the material identified in your counter notification was removed or disabled as a result of mistake or misidentification; and

d. A signed statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the Site may be found; and that you will accept service of process from the person (or agent of that person) who provided the Site with the DMCA Notice at issue. Our designated copyright agent to receive counter-notifications is:
General Counsel
Windermere Services Co.
5424 Sand Point Way NE
Seattle, WA 98105
Phone: 206-527-3801
copyright@windermere.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your counter notification. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate a repeat infringer’s account or other similar ability to use the Site. This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a DMCA Notice or counter notification.

PRIVACY: For information about our privacy practices please review the current Privacy Policy posted on this Site.

DATA SCRAPING: Crawling the Site is allowed for inclusion in web search engine results only. Web scraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Windermere.

DISCLAIMERS AND LIMITATION OF LIABILITY: Windermere intends that the information contained in or displayed through the Site will be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Windermere at any time.

THIS WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” Windermere AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEBSITE IS AT YOUR OWN RISK. Windermere AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINDERMERE OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
DISPUTE RESOLUTION:

By accessing the Site you agree that any claim or controversy arising out of or relating to the use of this Site shall be governed by the laws of the State of Washington, and that venue for any action arising from or related to the Site shall be solely in any court of competent jurisdiction in Seattle, King County, Washington, USA. If either party employs attorneys to enforce any rights in connection with any such dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

This Agreement was last modified on December 19, 2017

Please also see the Google Maps Terms Of Use.

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