TERMS OF SERVICE

Last Updated: February 24, 2021

These terms of service (these “Terms”) apply to the services offered by Carlston Properties. (“Carlston Properties”, “our”, “we”, and the like) related to real property advertising and listings (collectively the “Services”). These Terms constitute a legally binding agreement between you and us and govern your access to and use of the Services. If you do not agree to these Terms, you may not access the Services.

We work constantly to improve the Services and develop new features to make the Services better for our customers. As a result, we may need to change these Terms from time to time to accurately reflect the Services and our practices. If we do, such revised Terms will supersede prior versions. Unless we say otherwise, changes will be effective upon the “Last Updated” date located at the top of this page. We agree that changes cannot be retroactive. Your continued use of the Services after we modify these Terms constitutes your acceptance of any revisions.

We respect your privacy. Please consult our Privacy Policy for information on how we collect, use and share your personal information (but note that our Privacy Policy is not a part of these Terms and may be changed from time to time). By agreeing to these Terms, you acknowledge and consent to the collection, use, sharing and disclosure of your personal information and data as described in our Privacy Policy, as may be modified from time to time.

1. Ownership of the Services

All information, data, and content available via the Services (collectively, “Content”) is protected by applicable intellectual property laws. The Content is owned by Carlston Properties or its licensors (“Licensors”).

2. Restricted Actions

You may not (i) disassemble, reverse engineer, decompile or otherwise attempt to decipher any code in connection with the Services, or modify, adapt, create derivative works based upon the Services, or translate the Services; (ii) license, sublicense, sell, rent, assign, distribute, time share transfer, lease, loan, resell for profit, distribute, or otherwise commercially exploit, grant rights in or make the Services or any Content available to any third party; (iii) use the Services except as expressly authorized under these Terms or in violation of any applicable laws; (iv) engage in any illegal or deceptive trade practices with respect to the Services; (v) circumvent or disable any security or other technical features or measures of the Services or any other aspect of the software or, in any manner, attempt to gain unauthorized access to the Services or its related computer systems or networks; (vi) use the Services to transmit infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, or to store or transmit material in violation of third-party privacy rights; (vii) use the Services to store or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs or to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (viii) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; (ix) use any robot, spider, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services; or (x) reformat or frame any portion of the Services.

3. Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, AS TO ANY MATTER, INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS, RULES OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO ANY FEDERAL OR STATE STATUTES OR REGULATIONS THAT MAY BE APPLICABLE TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.

YOU EXPRESSLY ACKNOWLEDGE THAT THE DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT BETWEEN US CONTAINED IN THESE TERMS.

4. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CARLSTON PROPERTIES, IT’S AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE SUM OF THE AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CARLSTON PROPERTIES, NOR IT’S AFFILIATES, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN ALL CASES NONE OF THE FOREGOING WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY, IN WHICH CASE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

5. Trademarks

You acknowledge and agree that the Content includes certain trademarks, service marks, and other indicia of source (together “Marks”) that are owned by Carlston Properties, its Licensors or others. You agree not to copy, use, infringe or dilute the Marks. You further agree that you will not alter or remove any Mark, copyright notice or other notice from the Content or any copy thereof. The “Carlston Properties” name and logo are trademarks of Carlston Properties.

6. Your Information

By submitting ads, photos, descriptions, data, or other information (“Data”) to the Services in connection with a listing, you hereby grant to Carlston Properties, its affiliates, and its parent and related companies a royalty-free, nonexclusive, fully transferable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use all such Data in any form, media, software or technology of any kind now existing or developed in the future.

By submitting any Data through the Services, including, but not limited to, through any lead form, you agree that Carlston Properties, a landlord, a property manager or other similar individual or entity may contact you via email, text message, phone or autodialer for any purpose.

Carlston Properties cannot and does not monitor all of the Data posted or transmitted by you and other third-party information providers. Carlston Properties reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Data without notice, at any time for any reason.

7. Termination

You acknowledge and agree that in our sole discretion, and without prior notice, your access to the Services may be terminated or suspended, and we may exercise any other remedy available and remove any Data, if we believe that your use of the Services and/or any Data (a) violates these Terms, or any law or regulation, or are otherwise objectionable or inappropriate, or (b) constitute fraudulent or unlawful activity of any nature. We are not required to provide any refund to you if your use is terminated under this Section.

8. Miscellaneous

No joint venture, partnership, agency or employment relationship exists between you and Carlston Properites.

You will not assign or transfer the Services or any of your rights and/or obligations under these Terms without our prior written consent.

These Terms and any dispute arising out of or relating to the Services and/or these Terms will be interpreted in accordance with the laws of the State of California, without regard to conflict-of-law provisions. All disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue of the California state courts located in Santa Barbara, California and federal courts of the Central District of California (unless we both agree to some other location). You hereby expressly consent to the personal and exclusive jurisdiction of such courts.

Either party’s failure to enforce any right or provision under these Terms will not constitute a waiver of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms are in addition to (and not exclusive of) any other remedies permitted at law or in equity.

If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated by the court to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Both parties agree to comply with applicable US export and import laws and regulations. You will not permit your users to access or use the Services in violation of any U.S. export embargo, prohibition or restriction.

The Services or our website may contain links to other sites, services, and products provided by third parties, which may include our affiliates or subsidiaries. Such links are provided for your convenience only. We have no control over such sites, services, and products and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or services found within the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.

Carlston Properties respects the intellectual property rights of others, and asks that everyone utilizing the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify us here.