Thank you for visiting the Distinctive Real Estate (DRE) website www.DistinctiveRealEstateOnline.com (“Site”).
Other sections of the Site may have additional rules and regulations that are specific to that particular section and will be accessible to you in such sections.
DRE may modify these Terms from time to time. Any modifications to the Terms will be effective once posted to the Site. If you access or use the Site after the Terms have been modified, your continued access and use will constitute acceptance of all modifications.
NAR’s REALTOR® Trademarks
NAR is the exclusive owner of the REALTOR®, REALTORS®, REALTOR® Block “R” Logo, and other REALTOR® trademarks. The REALTOR® trademark has one meaning only: a registered collective membership mark which may be used by real estate professionals who are members of NAR and subscribe to its strict Code of Ethics. The REALTOR® trademarks are not synonymous with real estate agent, real estate broker or real estate professional. NAR will enforce against any misuses of its trademarks. Members may use the REALTOR® trademarks provided they follow NAR’s trademark rules. Members can find NAR’s Membership Marks Manual at the following link: https://www.nar.realtor/membership-marks-manual. If you have a question about proper use of the trademarks, please feel free to contact NAR at firstname.lastname@example.org(link sends e-mail).
DRE’s Content and Intellectual Property
Any information or content shared on the Site is for informational purposes only and does not constitute legal or professional advice. Please consult with an appropriate professional for any professional advice you need, for example, legal or accounting advice.
DRE or its partners created the text, images, video, graphics, content, and materials (“Materials”) available through the Site. All Materials are protected by all applicable copyright and trademark laws. DRE or the party credited owns the Materials, and all rights in the Materials are expressly reserved. Use of the Materials is subject to DRE’s Reprint Policy, which describes in detail how you may use the Materials found on this Site. Please review that document before using the Materials. Any use not described in the Reprint Policy is prohibited.
DRE hopes this website will promote and facilitate a meaningful exchange of information on issues in the real estate industry. In order to ensure a safe and civil environment, DRE expects you to conduct yourself in a respectful and law-abiding manner when using the Site. You may not:
– Use the Site to advertise or promote real estate listings or real estate services;
– Use the Site to send unsolicited communications or promotions, also known as “spam”;
– Use the Site to promote or advertise products or services;
– Use the Site in any way that violates local, state or federal laws;
– Upload or share materials that are illegal, fraudulent, defamatory, libelous, misleading, threatening, profane, or obscene;
– Take any action that will disrupt or interfere with operation of the Site, which includes use of any robot, spider, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Site;
– Violate the privacy or infringe the rights of others, including intellectual property rights;
– Use inflammatory, offensive or inappropriate language;
– Impersonate other persons.
In certain areas of the Site, you can choose to upload content that will be publicly displayed. Please be thoughtful when choosing to do so, since content available online is easily shared and captured.
If you choose to share content on the Site, you warrant and represent that you are the owner of the content or you are permitted to use the content in such manner. You may not post any content to the Site that you do not own or are not permitted to use. DRE respects the intellectual property rights of others and expects you to do the same.
By submitting any content, you grant to DRE a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, create derivative works of, and publicly perform such content for any purpose related to the Site and the services provided through the Site.
DRE will review all content submitted prior to public posting on the Site. If approved, the content will be posted within a reasonable timeframe. DRE may refuse to post any content for any reason whatsoever. For example, DRE may not approve content that contains offensive language, is not relevant to the original post, or is a commercial endorsement. Also, DRE may remove any content for any reason whatsoever. This means that even if your content was initially approved by DRE, DRE may remove it at a later date.
If you choose to upload content to the Site, you agree to indemnify and hold DRE harmless from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the Content posted by you.
Some portions of the Site may only be accessed by members of DRE. If you are a member of DRE, you must first register for access. You will need to select a username and password. You are responsible for your username and password, and the activities that occur on the Site under your username and password, so please be careful with how you store and share that information.
You are also responsible for providing DRE with accurate and complete registration information, including updating such information as it changes.
You may have the opportunity to provide your email address to DRE, for example, by registering for members’-only access. If you share your e-mail address with DRE through the Site, DRE may send e-mails to you about a variety of subjects, such as updates to the Site or DRE’s products, services, events and programs. By providing your e-mail address to DRE, you consent to receiving these e-mails from DRE. You will have the option of unsubscribing from DRE’s e-mail list(s) through a link included in DRE’s e-mails.
Third-Party Advertisers and Vendors
Third-party vendors may advertise, offer products or services for sale, or host promotions on the Site. If you choose to purchase any product or service or enter any promotion, the terms of that purchase or promotion are between you and the third-party vendor. DRE does not make any representation or warranty about third-party products, services or promotions available through the Site. DRE disclaims all liability for any losses or damages stemming from any purchase or promotion offered by a third-party vendor.
SITE PROVIDED “AS IS”
DRE hopes your visit to the Site is informative and entertaining; however, there are certain things that DRE cannot guarantee. THIS SITE IS PROVIDED BY DRE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. DRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF DRE WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY.
Some jurisdictions do not permit the disclaimer of certain warranties, so the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DRE, ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. DRE SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES; DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT DRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not permit the limitation or exclusion of certain liabilities, so the above limitations and exclusions may not apply to you.
You may stop using the Site at any time. DRE may suspend or terminate the Site at any time at DRE’s discretion and without notice. DRE may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, DRE may terminate your access to this Site if you are not complying with these Terms or if DRE determines that you are a repeat infringer of third-party intellectual property rights.
Digital Millennium Copyright Act (“DMCA”)
DRE respects the intellectual property rights of others and expects you to do the same. Per the DMCA, DRE will respond expeditiously to claims of copyright infringement on the Site if submitted to DRE’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, DRE will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by DRE or by a third party who has uploaded materials to the Site, please provide the following information to DRE’s designated Copyright Agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where DRE can contact you and, if different, an e-mail address where the alleged infringing party, if not DRE, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
f. Your electronic or physical signature.
DRE may request additional information before removing any allegedly infringing material. In the event DRE removes the allegedly infringing materials, DRE will immediately notify the person responsible for posting such materials that DRE removed or disabled access to the materials. DRE may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
DRE reserves the right to terminate, limit or suspend any user’s access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact DRE’s Copyright Agent. Please include sufficient information to assist DRE in determining that the user repeatedly engaged in infringing activity.
DRE registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). NAR’s designated Copyright Agent is:
Distinctive Real Estate
730 Anacapa Street
Santa Barbara, California 93101
WGragg@DistinctiveRealEstateOnline.com (link sends e-mail)
DRE extends worldwide, and DRE welcomes visitors to the Site from across the world. DRE’s operations are, however, located in the United States and its policies and procedures based on United States law. If you are located outside of the United States, you consent to the transfer, storage and processing of your information, such as registration information or email addresses, in the United States. Additionally, if you are accessing the Site from a country embargoed by the United States, you agree to not engage in any commercial activities, including financial transactions, using or through the Site.
These Terms are governed by the laws of the State of California, without reference to conflicts of laws. Regardless of your location, any disputes that arise under these Terms will be litigated before a court in Santa Barbara, California.
These Terms constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. These Terms create no third party beneficiary rights.
DRE’s or your failure to exercise any right provided for in these Terms shall not constitute a waiver of any rights under these Terms. If any provision of these Terms is found to be unenforceable, such unenforceability will not affect the validity of the remaining provisions. You may not assign any of your rights under these Terms. DRE may assign its rights under these Terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms.