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:
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.
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.
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: firstname.lastname@example.org.
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
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.
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
16. Online Purchases and Other Terms and Conditions
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:
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.
23. Governing Law and Jurisdiction
25. Limitation on Time to File Claims
26. Waiver and Severability
27. Entire Agreement
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: email@example.com.
Last Modified: June 18, 2020