Terms and Conditions

Terms and Conditions
Terms & Conditions

1. GENERAL:

These Terms of Use ("Terms of Use") and Privacy Policy apply to the www.cimpler.com website (the "Website") owned, operated, licensed, or controlled by Cimpler Real Estate, Inc. ("CIMPLER"). “You” or “Your” means any user of this Website.

By using this Website you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website. CIMPLER reserves the right, at its sole discretion to amend these Terms of Use at any time and with no notice to you other than posting the amended Terms of Use on the Website. Please check the Terms of Use when you visit this Website for amendments. Your continued use of this Website following the posting of amended Terms of Use will mean you accept the amended Terms of Use.

By your use of the Website, you agree to use the Website, the content on the Website, and information derived from the Website pursuant to these Terms and Conditions stated below. If you access the Website from outside State of the United States, you do so solely at your own risk, and you are responsible for your compliance with the laws of the jurisdiction from which you access the Website. You may see information on this Website about products not available or authorized in your country.

Your obligations under these Terms of Service survive the expiration or termination of these Terms of Use for any reason whatsoever.

2. DESCRIPTION OF SERVICE:

CIMPLER is a California real estate brokerage involved in real estate transactions as allowed and defined by the California Department of Real Estate (DRE) including purchase of real estate (CA DRE license # 01524393). Additionally, CIMPLER procures agent services to certain Website users who expressly sign up for those services.

3. PRIVACY STATEMENT:

It is the policy of CIMPLER to respect the privacy of all guests of the Website. Therefore, use of the Website is subject to the terms of the CIMPLER privacy statement which privacy statement is incorporated by reference into these Terms of Use.

4. CONTENT ON WEBSITE:

The content of the Website, including any and all text, graphics, images, as well as any other material contained on the Website or linked to the Website ("Content"), are for informational purposes only, and do not constitute legal, real estate or business advice. CIMPLER makes reasonable efforts to collect, prepare, and provide quality Content, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the Content. Users of Content from the Website or its links do so solely at their own risk. You agree that CIMPLER has no liability for the Content.

5. YOUR USE OF THE WEB SITE:

You represent and warrant that you are 18 years of age or older and that you have the right and ability to enter into these Terms of Use. You agree to comply with these Terms of Use. You will not use the Website in any unlawful manner or for any unlawful purpose. You shall not send any electronic communications to other parties for any purpose other than permissible use of the Website and you will not use any mass distribution medium to communicate any unsolicited messages. You agree not to post or transmit a message (i) under a false name; (ii) that is libelous, defamatory, obscene, fraudulent, false or contrary to any person's intellectual property or proprietary rights; or (iii) that contains any virus, worm, Trojan horse or other malicious code.

6. USE OF CONTENT:

CIMPLER authorizes you to view or download a single copy of the Content solely for your personal non-internet use in the same manner that they appeared on the website provided that you include the following copyright notice(s) in clearly visible font at the bottom of each page: "Copyright ©2012, CIMPLER. All Rights Reserved," together with any and all other copyright and proprietary right notices contained in the Content. Otherwise, no Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

The Content is protected under U.S. and foreign copyright laws, with title to and ownership of the Content belonging to CIMPLER or to the third parties specified in the Content. Any unauthorized use of the Content constitutes a breach of these Terms of Use. Modification of the Content or use of the Content for any other purpose is a violation of CIMPLER's intellectual property and other proprietary rights of CIMPLER and third parties. The use of any Content on any other website or networked computer environment is expressly prohibited. The Content is subject to change without notice at CIMPLER's discretion. Any and all rights that are not expressly granted hereunder are reserved to CIMPLER and its licensors.

The names of CIMPLER's products, titles and Services listed on this Website are protected intellectual property that is owned by CIMPLER. If you violate any of these Terms of Use, you are violating your agreement with CIMPLER and may be violating intellectual property, unfair competition and other laws. If you violate any of these Terms of Use, CIMPLER hereby automatically revokes and terminates your permission to use the Contents and this Website immediately, and requires you to immediately destroy any copies you have of any portion of the Contents. You shall not upload to, distribute through, or otherwise publish through this Website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. Any violation provides CIMPLER with an immediate right of unilateral termination.

CIMPLER reserves the right to delete any information or message on the Website that is unprofessional, defamatory, malicious, obscene, fraudulent or in violation of any person's intellectual property or proprietary rights. You may not, without the express approval of CIMPLER, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services outside the scope of real estate. You specifically acknowledge that soliciting other guests of this Website to join or become members of any commercial online or offline service or other organization is expressly prohibited. Any messages, suggestions, ideas, postings or concepts that are submitted to CIMPLER via this Website shall become, and remain the property of CIMPLER. Further, CIMPLER is not responsible for the confidentiality of any information communicated to this Website and such information will be considered non-personal, non-confidential and non-proprietary. By communicating material to the Website, you agree that CIMPLER has the right to publish the material in products or publications for any purpose, including, but not limited to, advertising and promotional purposes. You agree not to take action against CIMPLER or any of its officers, employees or managers in relation to material that you submit.

7. CONTRIBUTIONS TO CIMPLER AND THE SERVICE:

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CIMPLER through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) CIMPLER is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CIMPLER shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (d) CIMPLER may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of CIMPLER without any obligation of CIMPLER to you; and (f) you are not entitled to any compensation or reimbursement of any kind from CIMPLER under any circumstances.

8. NO RESALE OF SERVICE:

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Content (including your CIMPLER ID), the materials that relate to Services that CIMPLER may provide to you, or access to the Services that CIMPLER may provide to you, unless you have a written license or other written agreement with CIMPLER authorizing you to do so.

9. MODIFICATIONS TO WEBSITE AND/OR SERVICE:

CIMPLER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or any Service it may be providing (or any part thereof) with or without notice. You agree that CIMPLER shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the Services.

10. TERMINATION:

You agree that CIMPLER may, in its sole discretion and without prior notice, immediately terminate your CIMPLER account, any associated email address, and access to the Service. Reasons for termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your CIMPLER account includes removal of access to all offerings within the Service.

11. DISCLAIMER OF WARRANTIES BY CIMPLER AND ITS LICENSORS:

Use of the website and its contents is at your own risk. Cimpler assumes no liability for or relating to any delays, failures, interruptions, or corruption of any data or other material or information transmitted in connection with the use of the website. The website and its contents are provided on an "as is" basis. CIMPLER, its licensors, its suppliers, or any third parties mentioned on the website, to the fullest extent permitted by law, disclaim all warranties, whether express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third party rights, and fitness for particular purpose. CIMPLER does not warrant or make any representations regarding the use or the results of the use of the website in terms of their correctness, accuracy, reliability, or otherwise. You (and not CIMPLER) assume the entire cost of all necessary servicing, repair, or correction.

12. DISCLAIMER OF LIABILITY BY CIMPLER AND ITS LICENSORS.

In no event shall CIMPLER, its licensors, its suppliers, or any third parties mentioned on the website be liable for any direct or indirect damages (including, without limitation, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages arising out of the loss of data or business interruptions) resulting from the use of or inability to use the website and related contents, based on any legal theory, and whether or not any of the aforementioned parties are informed or advised of the possibility or reality of such damages. CIMPLER, its licensors, its suppliers, or any third parties mentioned on the website, are not liable for any personal injuries, including death that may arise from your use or misuse of the website or its contents, or any errors or omissions in the content thereof. CIMPLER makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the website is free of viruses and any other potentially destructive computer code. Under no circumstances will CIMPLER, its licensors, its suppliers, or any third parties mentioned on the website, be liable to you or any damaged third party for any amount in excess of the total amount you or the damaged third party paid to CIMPLER in the three months immediately before the first claim or claims giving rise to such damages arose.

13. INDEMNIFICATION:

CIMPLER does not recommend or endorse, and is not responsible for or make any representations regarding the accuracy of, the content of any third-party information incorporated into the Website, advertisements, and/or sponsored content appearing on the Website, and/or the content of other websites. Any reference made by the Website to any specific commercial product, process, or service (or provider of such product, process, or service) other than of CIMPLER by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by CIMPLER. Your use of any third-party websites, products advertised, or sponsored content is solely at your own risk.

For the convenience of its users, the Website may contain links to websites not owned or operated by CIMPLER. CIMPLER does not review, control or monitor any other websites or the contents thereof. These other websites may contain information about uses of CIMPLER products/information. CIMPLER does not endorse in anyway this type of information, and is not responsible for the performance of those websites or your interactions or dealings with them. Your use of those websites is at your own risk.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold CIMPLER, its officers, directors, employees, agents, licensors, suppliers, or any third parties mentioned on the website, harmless from and against any and all claims, actions, demands, liabilities, damages, fees, costs, judgments and/or settlements, including, without limitation, reasonable attorneys’ fee and accounting fees, resulting from or related to your violation of any of these terms of use.

15. JURISDICTION.

Exclusive jurisdiction for any dispute with CIMPLER, or in any way related to your use of the Website, resides in the San Mateo County, California. Further, you expressly agree and consent to the exercise of personal jurisdiction in the courts of San Mateo County, California with any such dispute, including any claim, action, or demand involving CIMPLER or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, content providers, and/or any third parties mentioned on the Website. These Terms of Use are governed by the laws of the State of California without regard to any choice of law rules. If any court having competent jurisdiction finds any provision of these Terms of Use to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall constitute a further or continuing waiver of such term or condition, or any other term or condition contained herein.

16.COMPLETE AGREEMENT.

These Terms of Use constitute the entire agreement between you and CIMPLER with respect to the use of the Website and its Contents. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We reserve the right to control all access to the Website. By accessing this site you agree to, acknowledge, and consent that CIMPLER will have sole discretion when it comes to determining any user access of the site. We require all users of the Website to use the highest professional standards of truth and in conduct. You agree that CIMPLER will be the sole determiner of what is appropriate and inappropriate conduct and you agree not to contest any determination. Should CIMPLER determine that your use of the site is inappropriate you agree that CIMPLER will be the sole determiner of what sanctions and access you will have to the site and hold CIMPLER harmless for any impact that restricted access or removal from the site may have on you and/or your business. CIMPLER reserves the right to assign fees as CIMPLER desires for any and all access and/or functionality to the Website. Should said fees be implemented CIMPLER reserves the right to limit/restrict access to the Website, limit functionality, or Services by the user and require payment to restore access/functionality. CIMPLER reserves the right to charge for access to the Website and the Services at any time and its sole discretion.

 

Terms & Conditions | Contact Us | AGENTS | Copyright © 2012 Cimpler Real Estate, All Rights Reserved | CA Licence # 01524393 | US Patent # 8,666,837