Terms of Use

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Trainor Fairbrook, a professional corporation ("Firm", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Trainor Fairbrook Property Broadcast System (https://trainorfairbrookpbs.com), including any content, functionality, services, tools or documents offered on or through the Trainor Fairbrook Property Broadcast System (https://trainorfairbrookpbs.com) (the "Website" or "PBS").

Please read the Terms of Use carefully before you start to use the PBS. By using, viewing or accessing the PBS, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the PBS.

This PBS is offered and available to users who 18 years of age or older, and reside in the United States or any of its territories or possessions and meet the PBS Eligibility Requirements set forth below. By using the PBS, you represent and warrant that you are of legal age to form a binding contract with the Firm and meet all of the eligibility requirements set forth in these Terms of Use, including the PBS Eligibility Requirements set forth below. If you do not meet all of these requirements, you must not access or use the PBS. Firm endeavors to verify the PBS Eligibility Requirements of all registered users, however, Firm makes no representation or warrant that all registered users meet the PBS Eligibility Requirements and the Disclaimer and Limitation on Liability apply with respect to any claims, damages or losses arising out of the use of the PBS by any User that does not meet such requirements.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the PBS thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the PBS.

Your continued use of the PBS following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this PBS so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend the PBS, and any service or material we provide on or through the PBS, in our sole discretion without notice. We will not be liable if for any reason all or any part of the PBS is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the PBS, or the entire PBS, to users, including registered users.

You are responsible for:

To access the PBS or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the PBS that all the information you provide on the PBS is correct, current, and complete. You agree that all information you provide to register with the PBS or otherwise, including but not limited to through the use of any interactive features on the PBS, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the PBS or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. Use of PBS

User Requirements. All users must meet the following eligibility requirements in order to be approved as, and continue as, a registered user on the PBS ("PBS Eligibility Requirements"):

Specific Broadcast Rules. All users must comply with the following rules regarding the listing and broadcast of all properties on the PBS and the failure to do so can result in immediate termination of a user's access to the system:

Trainor Fairbrook Use. Trainor Fairbrook can use the PBS to send out legal bulletins and messages to the broker list at its discretion.

5. Intellectual Property Rights

The PBS and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Firm, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the PBS for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our PBS, except as follows:

You must not:

You must not access or use for any commercial purposes any part of the PBS or any services or materials available through the PBS.

If you wish to make any use of material on the PBS other than that set out in this section, please address your request to: marketing@trainorfairbrook.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the PBS in breach of the Terms of Use, your right to use the PBS will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the PBS or any content on the PBS is transferred to you, and all rights not expressly granted are reserved by the Firm. Any use of the PBS not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6. Trademarks

The Firm name, the terms Property Broadcast System and Sacramento's Premier Real Estate Law Firm and TF LOI Assistant, the Firm logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Firm or its affiliates or licensors. You must not use such marks without the prior written permission of the Firm. All other names, logos, product and service names, designs, and slogans on the PBS are the trademarks of their respective owners.

7. Prohibited Uses

You may use the PBS only for lawful purposes and in accordance with these Terms of Use. You agree not to use the PBS:

Additionally, you agree not to:

8. User Contributions

The PBS may contain message boards, chat rooms, personal or professional profiles, forums, bulletin boards, the TF LOI Assistant, Ask TF and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the PBS.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the PBS, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Firm, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the PBS.

9. Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the PBS. YOU WAIVE AND HOLD HARMLESS THE FIRM AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the PBS, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

11. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Firm to terminate the user accounts of repeat infringers.

12. Reliance on Information Posted

The information presented on or through the PBS is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the PBS, or by anyone who may be informed of any of its contents.

The PBS Includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Firm, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Firm. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Maps and Directions

All information with maps and directions provided on the PBS have been obtained from third party sources believed reliable, including Google Maps. By using the PBS and Google Maps, you agree to be bound by the Google Maps Terms of Service, available at https://www.google.com/intl/en-USUS/help/termsmaps.html. By using the PBS, you acknowledge and agree that Firm has not verified the information and makes no guarantees, warranties or representations about the maps or directions. It is your responsibility to independently confirm the accuracy and completeness of any map or directions and you assume all risk of use. Firm does not assume any responsibility for loss, damage or delay caused by use of, or reliance on, the maps and directions provided in and through the PBS.

14. Changes to the PBS

We may update the content on the PBS from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the PBS may be out of date at any given time, and we are under no obligation to update such material.

15. Information About You and Your Visits to the PBS

All information we collect on the PBS is subject to our Privacy Policy. By using the PBS, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

16. Online Purchases and Other Terms and Conditions

[Reserved.]

17. Linking to the PBS and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The PBS may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

The PBS from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

18. Links from the PBS

If the PBS contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the PBS, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

19. Geographic Restrictions

The owner of the PBS is based in the state of California in the United States. We provide the PBS for use only by persons located in the United States. We make no claims that the PBS or any of its content is accessible or appropriate outside of the United States. Access to the PBS may not be legal by certain persons or in certain countries. If you access the PBS from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

20. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the PBS will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PBS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PBS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PBS LINKED TO IT.

YOUR USE OF THE PBS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PBS IS AT YOUR OWN RISK. THE PBS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PBS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FIRM NOR ANY PERSON ASSOCIATED WITH THE FIRM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PBS. WITHOUT LIMITING THE FOREGOING, NEITHER THE FIRM NOR ANYONE ASSOCIATED WITH THE FIRM REPRESENTS OR WARRANTS THAT THE PBS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PBS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PBS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PBS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE FIRM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FIRM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PBS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PBS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Indemnification

You agree to defend, indemnify, and hold harmless the Firm, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the PBS, including, but not limited to, your User Contributions, any use of the PBS's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the PBS.

23. Governing Law and Jurisdiction

All matters relating to the PBS and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the PBS shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the County of Sacramento although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Arbitration

At Firm's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the PBS, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

25. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PBS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

26. Waiver and Severability

No waiver of by the Firm of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Firm to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

27. Entire Agreement

The Terms of Use, our Privacy Policy, Copyright Policy, Terms of Sale and Terms and Conditions for Use of the TF LOI Assistant constitute the sole and entire agreement between you and Trainor Fairbrook, a professional corporation, regarding the PBS and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the PBS.

28. Your Comments and Concerns

The PBS is operated by Trainor Fairbrook, Post Office Box 255824, Sacramento, California 95865.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the PBS should be directed to: marketing@trainorfairbrook.com.

Last Modified: January 14, 2019