Terms of Service
1. Please read these Terms carefully. They are a contract that establishes the legally binding terms governing your use of the site and associated services. We may, at any time, make changes to these Terms for a variety of reasons, including changes in our requirements, the law, or new features. The most recent version will be posted on the “Terms of Service” link on the homepage of our site, www.propertywalk.com. By accessing or using Property Walk, you are accepting this Agreement in its most recent version as to its terms and conditions contained or referenced herein.
2. All of the content contained on, transmitted through or used in connection with the site (except for User Content, defined below), such as photographs and textual information (collectively, the “Content”), along with the selection and arrangement of such material, is owned or licensed by Property Walk. You may use the Content solely for personal, non-commercial purposes. Such use is further contingent on your compliance at all times with these Terms. No other use is permitted without prior written permission. You may not copy or republish any portion of the Content in any form, or incorporate the Content in any other medium without our written consent.
3. By placing material on the Site (“User Content”), you represent and warrant that: (1) you own or otherwise have all necessary rights to such User Content and the right to use it as set forth in these Terms; (2) all User Content you provide is true, accurate, current and complete, and does not violate these Terms; (3) the User Content will not cause injury to any person or entity; and (4) if you or your legal representative present a particular piece of real property as for sale, that you own the property and have all right, title, and interest in such property to describe it as such. You may not use a name other than your own legal name in connection with such description.
4. With respect to any User Content you supply, you grant Property Walk a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the foregoing, you authorize us to use your name and any other information in connection with our use of the material you provide. You also grant Property Walk the right to use any ideas or concepts contained in any communication you send to us for any purpose whatsoever, including but not limited to developing and marketing products which utilize such information. In consideration of being permitted to participate in Property Walk, you grant Property Walk an irrevocable right and permission to use any such User Content for any purpose, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, throughout the world. You waive any right to inspect or approve the use of the materials, and acknowledge and agree that the rights granted in this Agreement are without compensation to you of any kind.
5. You acknowledge that participation in Property Walk is, like other online activities, purely voluntary and elect to do so in spite of any risks which may exist. You expressly acknowledge your obligation to act responsibly in participating in the Property Walk community, and agree to accept and assume all risks inherent in doing so.
6. You certify your understanding that Property Walk is not acting as a licensed real estate broker and that it does not assume the legal obligations of a broker, agent, buyer or seller in connection with a sale or purchase of real property, including but not limited to statutory disclosures.
7. Property Walk aims to provide a collaborative, supportive, inclusive culture. You understand that it is not responsible for the conduct of, or User Content supplied by, any user. You are solely responsible for your own interactions with other users. You understand that Property Walk does not screen its users, or inquire into the backgrounds or verify the statements of its users. The Site contains facts, opinions and other statements of third parties. Property Walk does not represent or endorse the accuracy, currentness or reliability of any such statements. Any reliance upon any such statements is at your sole risk.
8. Property Walk makes no representations or warranties of any kind related, but not limited to: user generated content; the properties described; the variability of the real estate market or of the value of a particular property; material facts regarding any property including property specifications; information concerning buyers, sellers, realtors, subscribers, viewers, potential purchasers or bloggers (including in the questions, comments section) regarding any property discussed on Property Walk, or the surrounding neighborhood. You agree and understand that by providing your email address you are consenting to receive all notices from Property Walk at this email address and consent to all notices provided to you in electronic form, via email, including any notices required by law.
9. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties that the Services and Site will meet your requirements or be uninterrupted, timely, secure or error free, are specifically disclaimed. Property Walk is not responsible or liable for content posted by third parties, or other actions of any third party. Nor is it liable for any damage to, or virus that may affect, your computer or other property. In no event shall Property Walk or its employees or agents, content providers, service providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages, including but not limited to damages related to loss of data, good will, profits, or commercial opportunities; unauthorized access to or alteration of your data; the services provided in connection with the Site; or any errors or omissions in the services or related content, even if advised of the possibility of such damages.
10. You hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless Property Walk, its agents, owners, shareholders, directors, employees, volunteers, lessors, related and affiliated entities, successors and assigns (“Released Parties”), from any and all claims, demands, or causes of action, which are in any way connected with your participation in this Site or your use of Property Walk services, including any such claims which allege negligent acts or omissions of Released Parties.
11. You agree to indemnify, defend and hold harmless, Property Walk from any and all claims (including, but not limited to, claims for defamation, invasion of privacy or intellectual property infringement), including claims for attorneys’ fees and court costs, arising from or relating to any allegation regarding: (1) your use of Property Walk’s services or Site; (2) Property Walk’s use of any content or information you provide, as long as such use is not inconsistent with these Terms; and (3) any violation of these Terms, including a breach of your representations and warranties.
12. Property Walk’s site may contain or reference the services of, or advertisements and promotions provided or offered by, third parties as well as links to other web sites or resources. You acknowledge and agree that Property Walk is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through Property Walk, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. You further acknowledge and agree that Property Walk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
13. You agree that any all controversies, claims or disputes arising out of, relating to, or resulting from your use of the Site and associated services shall be subject to mediation or binding arbitration under the then-applicable mediation or arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”) in San Francisco, California. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS OF THIS MEDIATION AND ARBITRATION PROCEDURE, YOU ARE WAIVING ANY CONSTITUTIONAL OR STATUTORY RIGHT YOU MAY POSSESS TO HAVE ANY CLAIMS, DISPUTES OR CAUSES OF ACTION DECIDED IN A COURT OF LAW BEFORE A JUDGE OR A JURY. The laws of the State of California will apply to any dispute arising out of this Agreement. To the extent any matters are excluded from mediation or binding arbitration, they shall be heard in the Superior Court of the County of San Mateo, California or in the U.S. District Court for the Northern District of California, to whose jurisdiction you hereby submit.
14. Should Property Walk or anyone acting on its behalf be required to incur attorney’s fees and costs to enforce these Terms, you agree to indemnify and hold them harmless for all such fees and costs. This means that you will pay all of those attorney’s fees and costs yourself.
15. You agree that if any portion of these Terms is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
16. No waiver of any provision of these Terms shall constitute a further or continuing waiver of such term or any other term, and Property Walk’s failure to assert any right under these Terms shall not constitute waiver of said right.
17. Property Walk reserves the right to modify or discontinue its services or any part of the services. Modification of the services can include, but is not limited to, any alteration to the Site or content contained therein, changes to the functionality of the Site, modification of the layout of a property description or any other part of the Site, and the inclusion of advertising links in association with a property listing or other content available on the Site. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services.
18. If you are acting in any capacity as a real estate agent, real estate broker, or other real estate professional, or a commercial or non-private purchaser/seller of real estate affiliated with a company that is engaged in the real estate brokerage business or business of advertising real estate for others, by accessing the Site you agree not to telephone any person who has described their property on the Site when such person’s phone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than 30 days and (a) you do not have a preexisting, established business relationship with such person prior to making a call to such person; and (b) you do not have prior, written authorization from such person to make telephone calls to them.
20. For questions regarding the Site or the Services, e-mail us at firstname.lastname@example.org or send a letter by mail to Property Walk, LLC, c/o Gunderson Dettmer, 1200 Seaport Blvd., Redwood City, CA 94063, Burlingame, CA 94010.
21. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is Property Walk’s policy to remove User Content which is deemed to infringe third party intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on Propertywalk.com, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material you claim is infringing is located on the site (providing us with a listing number or website URL is the quickest way to help us locate content quickly);
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our copyright agent can be reached at email@example.com or the following address: Copyright Agent, Property Walk, LLC, c/o Gunderson Dettmer, 1200 Seaport Blvd., Redwood City, CA 94063Burlingame, CA 94010.
22. If you elect to send us a counter-notice in response to a notice of intellectual property infringement by your User Content, to be effective it must be a written communication provided to Property Walk’s designated Copyright Agent (see above for contact information), that includes substantially the following information (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- your electronic or physical signature;
- a description 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 (providing us with a listing number or website URL is the quickest way to help us locate content quickly);
- your address, telephone number, and e-mail address;
- a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if the address is outside of the United States, for any judicial district in which Property Walk may be found, and that the Customer will accept service of process from the person who provided notification under section 21 above or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Customers who are repeat infringers.
23. Your obligations set forth in these Terms may not be assigned or otherwise transferred, in whole or part. Property Walk may assign its rights hereunder to an affiliated or related company, or to a company acquiring its assets in whole or in part.