Terms of Use

Last Updated: 10/17/2022

Thank you for visiting the Rosie The Realtor, Bay Area Specialist ("Brenna Clark, Realtor") website www.rosietherealtorba.com ("Site").

These Terms of Use ("Terms") govern how you may access and use the Site and your responsibilities when doing so. Brenna Clark, Realtor's Privacy Policy explains how Brenna Clark, Realtor may use any personal information shared by you. By accessing www.tinyurl.com/rosietherealtor, you agree to these Terms and Brenna Clark, Realtor's Privacy Policy, so please take a moment to carefully review these documents. If you are accessing this Site on behalf of an organization, then you agree to these Terms and the Privacy Policy on behalf of that organization. If you do not agree to these Terms, you may not use this 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.

Modifications

Brenna Clark, Realtor 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.

Brenna Clark, Realtor'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.

Brenna Clark, Realtor 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. Brenna Clark, Realtor or the party credited owns the Materials, and all rights in the Materials are expressly reserved.

Use of the Materials is subject to Brenna Clark, Realtor'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.

Brenna Clark, Realtor’s Reprint Policy

Non-Digital Reprints

If you are a school, nonprofit organization, or parent educator, we are happy to permit the use of any of our articles as printed handouts or in printed newsletters. You also have permission to translate them into other languages. In this situation (when it does not appear online), we require that you include the author bio with the article, and the following statement: Reprinted with permission. Visit www.tinyurl.com/rosietherealtor for additional articles on real estate in the San Francisco Bay Area.

Digital Reprints for School and Nonprofit Newsletters

For digital reprints you must include the author bio with the article in addition to the following: Reprinted with permission. Visit Rosie the Realtor for additional articles on Bay Area Real Estate Questions and Answers. A copy of your newsletter can be archived online, as is common practice for many email newsletter services. However, if you wish to reprint articles directly to a web page, please see “Digital Reprints” policy below.

Digital Reprints

We do not grant permission to reprint the full text of any of our articles online without written consent, except as outlined above. However, you always have permission to post the title and approximately 150 words of the article, followed by a hyperlink that directs the reader to the original article. This is a common practice followed by reputable websites worldwide. In addition, please include the author bio somewhere on the same page.

Social Media Sharing

We always appreciate you sharing any of our articles on social media! You not only have our permission, you have our gratitude as well!

Your Conduct

Brenna Clark, Realtor 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, Brenna Clark, Realtor 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.

Your Content

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. Brenna Clark, Realtor respects the intellectual property rights of others and expects you to do the same.

By submitting any content, you grant to Brenna Clark, Realtor 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.

Brenna Clark, Realtor will review all content submitted prior to public posting on the Site. If approved, the content will be posted within a reasonable timeframe. Brenna Clark, Realtor may refuse to post any content for any reason whatsoever. For example, Brenna Clark, Realtor may not approve content that contains offensive language, is not relevant to the original post, or is a commercial endorsement. Also, Brenna Clark, Realtor may remove any content for any reason whatsoever. This means that even if your content was initially approved by Brenna Clark, Realtor, Brenna Clark, Realtor may remove it at a later date.

If you choose to upload content to the Site, you agree to indemnify and hold Brenna Clark, Realtor 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.

E-mails

You may have the opportunity to provide your email address to Brenna Clark, Realtor. If you share your e-mail address with Brenna Clark, Realtor through the Site, Brenna Clark, Realtor may send e-mails to you about a variety of subjects, such as updates to the Site or Brenna Clark, Realtor's products, services, events and programs. By providing your e-mail address to Brenna Clark, Realtor, you consent to receiving these e-mails from Brenna Clark, Realtor. You will have the option of unsubscribing from Brenna Clark, Realtor's e-mail list(s) through a link included in Brenna Clark, Realtor's e-mails.

Third-Party Links

This Site includes links to websites that are not owned or operated by Brenna Clark, Realtor. These links are provided as a convenience and do not constitute Brenna Clark, Realtor's endorsement of the linked-to website or its owner. Please be aware when you leave the Site because Brenna Clark, Realtor's Terms and Privacy Policy will no longer apply to your activities. Third-party websites will likely have their own terms of use and privacy policy, which Brenna Clark, Realtor has no control over.

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. Brenna Clark, Realtor does not make any representation or warranty about third-party products, services or promotions available through the Site. Brenna Clark, Realtor disclaims all liability for any losses or damages stemming from any purchase or promotion offered by a third-party vendor.

SITE PROVIDED "AS IS"

Brenna Clark, Realtor hopes your visit to the Site is informative and entertaining; however, there are certain things that Brenna Clark, Realtor cannot guarantee. THIS SITE IS PROVIDED BY Brenna Clark, Realtor ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. BRENNA CLARK, REALTOR, 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 BRENNA CLARK, REALTOR. REALTOR 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, BRENNA CLARK, REALTOR, 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 BRENNA CLARK, REALTOR, 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. BRENNA CLARK, REALTOR, 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 BRENNA CLARK, REALTOR, 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.

Termination

You may stop using the Site at any time. Brenna Clark, Realtor may suspend or terminate the Site at any time at Brenna Clark, Realtor's discretion and without notice. Brenna Clark, Realtor may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, Brenna Clark, Realtor may terminate your access to this Site if you are not complying with these Terms or if Brenna Clark, Realtor determines that you are a repeat infringer of third-party intellectual property rights.

Digital Millennium Copyright Act ("DMCA")

Brenna Clark, Realtor respects the intellectual property rights of others and expects you to do the same. Per the DMCA, Brenna Clark, Realtor will respond expeditiously to claims of copyright infringement on the Site if submitted to Brenna Clark, Realtor's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Brenna Clark, Realtor 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 Brenna Clark, Realtor or by a third party who has uploaded materials to the Site, please provide the following information to Brenna Clark, Realtor email at brenna@rosietherealtorba.com

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site;

An address, telephone number, and e-mail address where Brenna Clark, Realtor can contact you and, if different, an e-mail address where the alleged infringing party, if not Brenna Clark, Realtor, can contact you;

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;

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;

Your electronic or physical signature.

Brenna Clark, Realtor may request additional information before removing any allegedly infringing material. In the event Brenna Clark, Realtor removes the allegedly infringing materials, Brenna Clark, Realtor will immediately notify the person responsible for posting such materials that Brenna Clark, Realtor removed or disabled access to the materials. Brenna Clark, Realtor may also provide the responsible person with your e-mail address so that the person may respond to your allegations.

Brenna Clark, Realtor 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 Brenna Clark, Realtor's Copyright Agent. Please include sufficient information to assist Brenna Clark, Realtor in determining that the user repeatedly engaged in infringing activity.

International Visitors

Brenna Clark, Realtor's International REALTOR® Member network extends worldwide, and Brenna Clark, Realtor welcomes visitors to the Site from across the world. Brenna Clark, Realtor'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.

Governing Law

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 Contra Costa County, California.

Entire Agreement

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.

Miscellaneous

Brenna Clark, Realtor 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. Brenna Clark, Realtor 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.

The REALTOR® trademark has one meaning only: a registered collective membership mark which may be used by real estate professionals who are members of Brenna Clark, Realtor 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.