TERMS OF USAGE AND COPYRIGHT INFORMATION
This Agreement sets forth the terms and conditions which apply to your use of the EPICONEREALESTATE.com web site (the "Service") which are offered to you ("User") by Pacific Asset Investment Corporation ("PAIC"). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service immediately.
Any personal information obtained from PAIC's web site shall not be disseminated to any third-party business or web site, unless the User has implied that such action is necessary to fulfill a requested action.
on General Site Usage.
The Service is a computer online service. As part of our service, you will be provided with information, editorial content, web-based software tools, and links to other Web sites and other computer services that PAIC may decide to offer, subject to the terms hereof. PAIC may discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain computer platforms, (iii) modifying, deleting or adding links to third party sites ("Third Party Sites"), (iv) changing the site’s structure, content, navigation, organization, directory names, file names, page names or URL identifiers, (v) restricting the amount of use permitted and (vi) restricting or terminating any User's right to use the Service, at PAIC's sole discretion and without prior notice. You may not modify, copy, reproduce, republish, transmit, prepare derivative works based on, or distribute in any way any material from this Service including code and software ("Material"). You may download Material from this Service for your personal, non-commercial use only. PAIC licenses such Material to you and does not transfer title to any such Material to you.
on Usage of PAIC's search, MLS, computational, loan application and other
The Service may utilize one or more search, MLS, computational, loan application or other tools ("Tools") that facilitate the search, purchase, evaluation, or comparison of homes or home loans. The Tools may be automated software processes that run on distributed servers connected to the Internet. The Tools may interact directly or indirectly with one or more Internet sites maintained by Third Party Sites and may from time to time extract, filter, reformat or process information from said Third Party Sites. By utilizing the Service, you agree that you understand that the Third Party Sites' content provided via PAIC's Tools and content contained within PAIC's web site is deemed reliable, but is not guaranteed. By using the Tools, you also acknowledge that you understand that at times, Tools may merely be a mechanism to facilitate the display of content of information obtained by Third Party Sites, and as such, PAIC does not own any copyrighted material that belongs to Third Party Sites. Thus, you agree to abide by the terms, conditions, and copyright usage limitations that the Third Party Sites may impose. Regardless of the rights granted to you from Third Party Sites, you may never utilize the Tools to facilitate the means for anyone other than yourself to access information via the Tools. The resulting content created by the Tools may only be viewed on an individual basis. The content may never be shared with any other entity if it has been obtained via the PAIC web site. It is also expressly forbidden for any individual or any organization to utilize any type of automated processing mechanism ( such as Spiders or Bots) that utilizes the Tools in any manner whatsoever.
User of the Tools further agrees: (i) not to do anything that slows down, shuts down, or harms the system in anyway, (ii) not to share any web site or content created by the Tools, (iii) not to utilize any information without seeking appropriate professional advice; (iv) not to save content extracted with the Tools to any type of storage device, (v) to use the Tools in a manner consistent with average usage expectations, (vi) not to use the Tools to process any type of financial transaction without advice from an attorney or accountant, (vii) not to utilize the Tools more than is necessary to obtain information for your own personal use, (viii) not to utilize information accessible from the site to compete against PAIC, and (ix) not to extract, reengineer, copy or mimic any functionality of the Tools in order to create a competing product or service that harms PAIC in any way whatsoever. User of the Tools also agrees that access to the Tools may be terminated for any reason whatsoever. Also, Third Party Sites may request that an individual be denied access for any reason whatsoever. As such, PAIC may take whatever action necessary to accommodate Third Party Sites' request to restrict access to an individual or to a group of individuals.
PAIC HAS PROVIDED LINKS, POINTERS, AND TOOLS THAT INTERFACE WITH THIRD PARTY SITES, AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SERVICE. NEITHER PAIC, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PAIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PAIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. IN NO EVENT SHALL PAIC, ITS PARENT OR SUBSIDIARY COMPANIES, ITS AFFILIATES OR SUPPLIERS, OR ANY WEB SITE ACCESSED VIA PAIC'S TOOLS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT MAY BE THE RESULT OF ITS TOOLS CONSTRUCTING INVALID, INCORRECT, OUT-DATED, MIS-TIMED, INACCURATE, MISLEADING, SUBJECTIVE, MISINTERPRETED OR INCOMPLETE INFORMATION/CONTENT.
Any material provided by the Service is for informational purposes only. The information contained herein is not an offer to sell or a solicitation to buy any product or service. For a complete description of products, services, and geographic service areas, please contact us. Should you decide to utilize any service or product provided by PAIC, both you and PAIC will be bound by the terms and conditions of the written agreement signed by both parties, and not the information contained within this website (other than this Usage Agreement).
PAIC's web site may contain information relating to the listing or purchase of homes within the State of California. The site may also contain information relating to home loans that may be obtained by persons located within the State of California. Any information obtained from the PAIC web site, or through links located on PAIC's web site, is general information that may or may not apply to a given situation. Therefore, User is urged to seek the appropriate professional advice for all manners related directly or indirectly to listing a home in California, finding a home to purchase in California, or obtaining a home loan in California. Any content located on the web site may not be used to make any financial, purchase, business, contractual or law-related decision without first seeking the advice of an attorney, accountant, licensed real estate broker, licensed appraiser, and/or certified financial advisor. At no time whatsoever, may the User utilize any information obtained from the Service, associated web sites or third-party web site to purchase or sell a home without establishing an agency relationship with a real estate brokerage licensed in the State of California to help advise the User regarding the information obtained from the Service.
All of the information located on the web site is deemed reliable, but is not guaranteed. Third Party Site information and services are also not guaranteed. There is no assurance that any information provided through the Service is timely, up-to-date, accurate, or correct in any manner whatsoever. The User is responsible for validating all information obtained through the Service, any information linked through the Service, or any information obtained by any web site associated with the Service, by going directly to the source of the information. Nothing within the web site constitutes a contractual offer or agreement for service, other than this web site usage agreement. By utilizing the web site, you are acknowledging that you have read, understood, and agreed to the terms of the usage agreement. If you did not read the agreement completely, or if you did not understand any part of the agreement, or if you do not agree to any part of the agreement, you acknowledge that you will immediately terminate usage of the Service. To be binding and enforceable, all other agreements having to do with anything other than web site usage, must be in writing and signed by both parties.
All information provided via the Service is to be subjective in nature. Therefore, any statement, assertion, opinion, belief or assumption is to be independently verified by the User of the Service. Information obtained from the Service should only be considered as a mechanism to garner interest for further research and investigation by the User or the Users' contractual agent or representative. There is no guaranteed level of performance, results or return from anything associated with the Service, either through advertisement, endorsement, information linking, content provision, or any other mechanism of information delivery. An independent expert should be consulted for verification of any statement made either explicitly or implicitly via the Service.
User of the Service further agrees: (i) not to do anything that slows down, shuts down, or harms the system in anyway, (ii) not to share any web site or content accessed via the Service, (iii) not to utilize any information without seeking appropriate professional advice; (iv) not to save content extracted from the Service to any type of storage device, (v) to use the Service in a manner consistent with average usage expectations, (vi) not to use the Service to process any type of financial transaction without advice from an attorney or accountant, (vii) not to utilize the Service more than is necessary to obtain information for your own personal use, (viii) not to utilize information accessible from the Service to compete against PAIC, (ix) not to download the contents of the Service through any automated means such as FTP, FrontPage, or any other tool that allows multiple pages to be downloaded at once, and (x) not to extract, reengineer, copy or mimic any functionality of the Service in order to create a competing product or service that harms PAIC in any way whatsoever. User of the Service also agrees that access to the Service may be terminated for any reason whatsoever. Also, Third Party Sites may request that an individual be denied access for any reason whatsoever. As such, PAIC may take whatever action necessary to accommodate Third Party Sites' request to restrict access of the Service to an individual or to a group of individuals.
All comparable information ("Comps") is obtained by comparing square foot prices of homes sold within the same community at a given point in time. Since the information is not updated in real time, none of the Comps reflect the most up-to-date comparable information that may be available from services such as the local MLS, real estate professionals, licensed appraisers, or other web sites. Also, the Comps utilized on this site are computed in a very broad and generic method that does not take into account the variances in the features that different real estate properties have. Additionally, since the price of homes and the actual amount of Comps in an area is constantly in flux, there is no guarantee of the actual amount a home is above or below the Comps for a given area and point in time. In order to get more accurate information about Comps in a given area or neighborhood, User agrees to utilize a licensed appraiser before making any decisions related to real estate or the comparable value of real estate. Any information related to "savings below comps", "best value", "lowest price", "lowest sq ft price", "below comps", or any similar verbiage is only a very rough estimate of perceived savings that the buyer may anticipate. The actual amount of savings can be estimated better by having a licensed appraiser conduct a thorough market analysis and home appraisal close to the time of the actual transaction.
Products and services described on the web site may not be available in all jurisdictions, countries, states, counties, cities, or communities. Please contact us for details of our services in your area.
Epiconerealestate, Epic One Real Estate, A.S. Property Management, Epic One Real Estate and the PAIC logo are trademarks of PAIC. There may be other PAIC trademarks not currently listed in this agreement. All other trademarks, service marks and trade names used on the Service are the property of their respective owners. Services and products introduced by PAIC may also be identified by a trademark, service mark or trade name that is the sole property of PAIC. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of PAIC or the owner of such trademark, service mark or trade name. Additionally, PAIC may utilize its fictitious business names A.S. Property Management and Epic One Real Estate, brokerages licensed in the state of California, to promote services offered by PAIC's real estate divisions. However, no part of the service is to be construed as an offer, acceptance, or approval of any type of implied or explicit agency relationship without a written agreement signed by both parties. Nothing in the Service is intended to solicit a change or affiliation from a person already associated with another real estate brokerage, either as a customer or agent. Unless otherwise noted, any information relating to real estate for sale comes from the Internet Data Exchange (IDX) of SANDICOR and/or the SoCalMLS®. The information about homes for sale may reference real estate listing(s) held by a brokerage firm other than the broker and/or agent advertising on portions of the Service. The accuracy of all information regardless of source, including but not limited to square footages and lot sizes, is deemed reliable but is not guaranteed and should be independently verified through personal inspection by and/or with the appropriate professionals.
The Service contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the PAIC site is copyrighted as a collective work under the United States copyright laws. PAIC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each Third Party Site content provider owns the copyright in content original to it. User may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the PAIC site or any portion of it. Except as otherwise expressly permitted under copyright law, User may not copy, redistribute, publish, display or commercially exploit any material from the PAIC site without the express permission of PAIC and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the PAIC site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material or by accessing copyrighted material via links located on PAIC's web site. User agrees that any text, photo, graphic, audio, and/or video on the PAIC site shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media. PAIC’s material and any portion thereof may not be stored in a computer except for personal and non-commercial use. PAIC also provides links, pointers and tools that interface with external Internet Sites maintained and controlled by Third Party Sites. By using these links and Tools, you acknowledge your understanding that each site may have its own copyright notice with its own set of conditions and restrictions. Unless otherwise noted, all MLS information obtained from the Service is copyrighted by SANDICOR and/or SoCalMLS®.
Policy for Third Party Sites.
PAIC may restrict access or terminate usage on an individual or group basis if any Third Party Site believes that its intellectual property rights are being infringed upon. If anyone using one of PAIC's Tools or Service has infringed on copyrighted material, the Third Party Site may inform PAIC of such abuse so that corrective action can be taken.
IN NO EVENT SHALL PAIC, ITS PARENT OR SUBSIDIARY COMPANIES, ITS AFFILIATES OR SUPPLIERS, OR ANY WEB SITE ACCESSED VIA PAIC'S TOOLS OR SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
You agree to defend, indemnify and hold harmless PAIC, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any non-compliance by you with the terms and conditions of this Agreement; and (b) claims brought by persons or entities other than the parties to this Usage Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
PAIC reserves the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall be deemed to indicate your acceptance of any such amendments, modifications, additions or deletions.
This agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You may not assign any of your rights, obligations or privileges. This agreement constitutes the entire agreement between the parties and supersedes all previous agreements, written or oral, between PAIC representatives and you. Any assignment other than as provided for in this Section shall be null and void. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.