Terms & Conditions
Terms & Conditions of Site Use
Updates and Effective Date
We reserve the right to change the terms of this Usage Agreement from time to time, as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. If we make a change to this Usage Agreement that reduces or significantly changes your rights or responsibilities hereunder, we will notify you via email to the email address you have provided to us (for example, in connection with setting up an account) or via a notice on our Services. If you object to any of the changes we make, your choice is to stop using our Services.Your continued use of the Services after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our Services may change, and we may restrict access to, suspend or discontinue the Services, or any portion of the Services, at any time. Effective July 1, 2022.
Use at Your Own Risk
We provide the material available through the Services for informational purposes only. Before you act on any information you have found on the Services, you should independently confirm any facts that are important to your decision. For example, the availability and pricing of any real estate listing is subject to change, and you should contact the appropriate listing agent or other real estate professional to verify pricing information and other aspects of the listing. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH OUR SERVICES, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE. With respect to our classified advertising services and any advertisements posted in connection therewith, please note that we do not sell the advertised items directly and are not involved in any actual transaction between any seller and buyer; without limiting the foregoing, we do not endorse, guarantee or insure any item or service advertised or the completion of any transaction or collect or process payment, act as an escrow service or transfer title, nor do we warehouse, store, ship or deliver any item or service that is advertised.
Third Party Content
The Website provides access to home listing, photos, videos, 3D Interactive Tours and services of third parties, and Claremont Courier Inc. or its affiliates makes no representation or guarantee regarding, and accepts no responsibility or liability for, the accuracy, quality, content, nature or reliability, and you bear all risks associated with your access and use of this Website, mobile site and mobile apps and third-party content, products and/or services. You agree that these Terms & Conditions are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website, mobile site and mobile apps and the materials and information available on it. You understand and agree that the Website, mobile site and mobile apps and all content on it is provided on an "as is" and "as available" basis, "with all faults," and without warranty of any kind, either express or implied. Claremont Courier Inc or its affiliates assumes no responsibility for the timeliness or accuracy of information appearing on it.
Use of Communications Services
We may provide a variety of services on the Services through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas ("Communications Services").
We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of the Services (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to the Services, our customers, the public or Claremont Courier Inc and its owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of the Services, including blogs, message boards, chat rooms, listings, forums, and other information posted to the website to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using the Services, you agree not to post, submit or transmit through the Services any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, that encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to the Services or otherwise to the owners of the Services shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to or through the Services. We reserve the right to deny access to or limit privileges in respect of any Communications Service to anyone who violates this Usage Agreement or who, in our judgment, interferes with the ability of others to enjoy the Services or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Services, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any communication by you through the Services or any service offered on or through the Services, and may also disclose such data if required to do so by law or we determine that such disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Claremont Courier, its employees, users of or visitors to the Services, and the public.
Use of the Services by you for spamming is strictly prohibited. By using the Services, you agree not to use information concerning other users of the Services, or any items such users have listed or searched for on the Services (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor.
Disclaimer of Warranties
YOU AGREE THAT THE SERVICES AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES IS ENTIRELY AT YOUR OWN RISK. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products and services available through, published on or promoted over the Services, including information, products and services referred to, advertised or promoted on or sold through the website. Neither Claremont Courier, nor any of its owners, affiliates or licensees warrant that the Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through the Services.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLAREMONT COURIER, ITS OWNERS, AFFILIATES, LICENSORS AND LICENSEES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
NEITHER CLAREMONT COURIER INC NOR ANY OF ITS BOARD MEMBERS OR TRUSTEES, AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THE SERVICES. IN NO EVENT SHALL CLAREMONT COURIER INC, ITS BOARD MEMBERS OR TRUSTEES, AFFILIATES, LICENSORS OR ITS LICENSEES OR PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF CLAREMONT COURIER INC, AFFILIATES, OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, you agree that the entire liability, if any, of Claremont Courier Inc, its board members or trustees, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, the Services or any information, products or services available through the Services will not exceed the amount that you paid to Claremont Courier, if any, for (i) the use of the Services or (ii) such information, products or services.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Release and Indemnity
You agree to release, defend and hold harmless Claremont Courier Inc, its board members or trustees, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney's fees, arising from or relating to:(i) your breach of this Usage Agreement or any matter for which you are responsible or liable under the terms of this Usage Agreement, or (ii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Notification of Claims of Infringement
We respect the rights of all copyright holders and in this regard have adopted and implemented a policy that provides for the removal of content from this website or application under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information (required by the Digital Millennium Copyright Act, 17 U.S.C. § 512) to the address below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have 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 that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
- A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.