Terms & Conditions

Please review the following terms carefully. By accessing or using the Services — or by clicking “accept” or “agree” to this Agreement when prompted — you agree to be bound by its terms and conditions on behalf of yourself and any entity or organization you represent. If you do not agree, you may not use or access the Services and must exit the Website immediately.

To use the Website or any other Services, you must be: (i) at least 18 years old; (ii) a resident of the United States; and (iii) not a competitor of ours, or using the Services for purposes that are competitive with the Company.

By accessing or using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements, and that you have the right, authority, and capacity to enter into this Agreement on your own behalf or on behalf of the entity or organization you represent. If you do not meet all of these requirements, you may not use or access the Services.

We reserve the right to change this Agreement from time to time in our sole discretion. Except for changes made for legal or administrative purposes, we will provide reasonable advance notice before the changes become effective. All changes apply to your use of and access to the Services from the date they become effective and onwards; for new users, changes are effective immediately.

Your continued use of or access to the Services following any changes constitutes your acknowledgment of those changes and your agreement to be bound by them. Please check this page frequently so that you are aware of any changes that bind you.

Changes to the services

The Services may change from time to time as we evolve, refine, or add features. We reserve the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time and without notice to you. We have no liability to you or to any third party for any loss or damage caused by the Services not being available, in whole or in part, at any time or for any period.

Creating an account

You may be required to register for an account and provide certain information about yourself. You promise to provide us with accurate, complete, and updated information. We may offer different types of accounts for different users. If you connect to the Services with a third-party service, you grant us permission to access and use your information from that service to store your login credentials.

Your responsibilities

All information you provide is governed by our Privacy Policy. You consent to all actions we may take with respect to your information consistent with that policy.

You are entirely responsible for maintaining the confidentiality of your password and account, and for all activities associated with your account. Your account is personal to you, and you agree not to provide any other person with access to the Services or any portion of them using your username, password, or other security information. You should ensure that you exit from your account at the end of each session, and use extra caution when accessing your account from a public or shared computer.

You may not transfer your account to anyone else without our prior written permission. You must notify us immediately of any actual or suspected unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with the above.

Termination or deletion of an account

We have the right to suspend or terminate your account at any time in our sole discretion, for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or our general business. You may use the Services for any business or commercial purpose.

You further agree not to engage in any of the following prohibited activities:

• No violation of laws or obligations. Violate any applicable law or regulation — including intellectual property laws and rights of privacy or publicity — or any contractual obligation.
• No unsolicited communications. Send unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communication, whether commercial or otherwise.
• No impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive.
• No harming of minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
• Compliance with content standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out in Section 09.
• No interference with others’ enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose us or other users to liability or harm.
• No interference or disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.
• No monitoring or copying material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means — including without limitation automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website. We conditionally grant to operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials — but not caches or archives of them.
• No viruses, worms, or other damaging software. Upload, transmit, or distribute any viruses, Trojan horses, worms, logic bombs, or other material intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
• No unauthorized access or violation of security. Violate the security of the Services through any attempt to gain unauthorized access to the Services or to other systems or networks connected to them, any breach or circumvention of encryption or other security codes or tools, or any data mining or interference with any server, computer, database, host, user, or network connected to the Services.
• No reverse engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
• No collecting user data. Collect, harvest, or assemble any data or information regarding any other user without their consent — including without limitation their emails, usernames, or passwords.
• No other interference. Otherwise attempt to interfere with the proper working of the Services, or attempt to assist, permit, or encourage others to do or attempt any of the foregoing.

The Company is based in the United States. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws. We make no representation that the Services or any of their content are accessible or appropriate outside of the United States.

Purchasing process

Any steps taken from choosing Services to order submission form part of the purchasing process. By clicking the checkout button, you open the third-party merchant checkout section, where you will specify your contact details and a payment method of your choice. After providing all required information, you must carefully review the order and then confirm and submit it, thereby accepting these Terms and committing to pay the agreed-upon price.

Order submission

Submitting an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and any further fees and expenses as specified on the order page. Where the purchased Services require active input from you — such as the provision of personal information or data, specifications, or special wishes — the order submission creates an obligation for you to cooperate accordingly. Upon submission, you will receive a receipt confirming the order has been received. All notifications related to the purchasing process are sent to the email address you provided.

Prices and payment

You are informed during the purchasing process, and before order submission, about any fees, taxes, and costs — including delivery costs where applicable — that will be charged. Accepted payment methods are made available during the purchasing process; some may be subject to additional conditions or fees, and related information can be found in the dedicated section of the Website.

All payments are independently processed through third-party services. The Website does not collect any payment information — such as credit card details — but only receives a notification once payment has been successfully completed. If payment through the available methods fails or is refused by the payment service provider, we are under no obligation to fulfil the purchase order, and any costs or fees resulting from the failed or refused payment shall be borne by you.

Retention of usage rights

You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day payment is received by the Company. To maintain a subscription, you must pay the required recurring fee in a timely manner; failure to do so may cause service interruptions.

Fixed-term subscriptions. Paid fixed-term subscriptions start on the day payment is received and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the period expires, the Services will no longer be accessible unless you renew by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the term.

Automatic renewal. Subscriptions are automatically renewed through the payment method you chose during purchase, unless you cancel within the deadlines for termination specified in the relevant section of these Terms or of the Website. The renewed subscription lasts for a period equal to the original term. You will receive a reminder of the upcoming renewal with reasonable advance notice, outlining the procedure to cancel the automatic renewal.

Termination. Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details in Section 18, or — where applicable — by using the corresponding controls inside the Website. If the notice of termination is received before the subscription renews, termination takes effect as soon as the current period is completed.

You acknowledge that all intellectual property rights — including copyrights, patents, trademarks, and trade secrets — in the Services and their contents, features, and functionality (collectively, the “Content”) are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. All rights not expressly granted are reserved by the Company and its licensors.

Your license

During the term of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content in accordance with this Agreement. The Content may not be used for any other purpose. This license terminates upon your cessation of use of the Services or at the termination of this Agreement.

Restrictions

• No copying or distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
• No modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
• No exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
• No altering of notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
• No competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service, and you shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection, or directory of the Content or other data from the Services.

Trademarks

All trademarks, logos, and service marks displayed on the Services are either our property or the property of third parties. You may not use them without the prior written consent of their respective owners.

The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit content or materials (collectively, “User Content”) on or through the Services.

You are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards below. Any User Content you post will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content — including any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, and any disclosure of your User Content that personally identifies you or any third party. We are not responsible or liable to any third party for any User Content posted by you or any other user.

You further agree that we are not responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.

License you grant us

You hereby grant us an irrevocable, non-exclusive, royalty-free, fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content — and to grant sublicenses of the foregoing rights — in connection with the Services and our business, including for promoting and redistributing part or all of the Services in any media formats and through any media channels.

You represent and warrant that you have all the rights, power, and authority necessary to grant these rights to any User Content you submit. You irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. All of the foregoing licenses are subject to our Privacy Policy to the extent they relate to any User Content containing personally identifiable information.

Content standards

You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards. User Content must not:

• Violate laws or obligations. Violate any applicable law or regulation, including intellectual property laws and rights of privacy or publicity, or any contractual or fiduciary obligation.
• Promote illegal activity or harm to others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of harm, loss, or damage to any person or property.
• Infringe intellectual property rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property right of any other person.
• Be defamatory, abusive, or otherwise objectionable. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, or humiliating to other people — publicly or otherwise — or otherwise objectionable. This includes any material we deem likely to cause annoyance, inconvenience, or needless anxiety, or to upset, embarrass, alarm, or annoy another person.
• Promote sexually explicit material or discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Be fraudulent or impersonating. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person — including impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
• Falsely imply our endorsement. Represent or imply to others that it is in any way provided, sponsored, or endorsed by us or by any other person or entity, if that is not the case.

Monitoring and enforcement

We reserve the right at all times, but are not obligated, to: take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion — including reporting it to law enforcement authorities — if we believe it violates the Content Standards or any other provision of this Agreement, or creates liability for us or any other person; remove or reject any User Content for any or no reason in our sole discretion; disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect our rights or property or those of any other person; and terminate or suspend your access to all or part of the Services for any or no reason, including any violation of this Agreement.

We do not review User Content before it is posted on or through the Services, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, we and our affiliates — and their respective officers, directors, employees, and agents — assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, and have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

We respect the intellectual property of others and expect users of the Services to do the same. It is our policy to terminate users of the Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information to our designated copyright agent, in accordance with the Digital Millennium Copyright Act:

• A physical or electronic signature of the copyright owner, or a person authorized to act on their behalf.
• A description of the copyrighted work you allege has been infringed.
• A description of the material claimed to be infringing, or to be the subject of infringing activity, that is to be removed or to which access is to be disabled.
• A description of where the material you claim is infringing is located, and your contact information — including address, telephone number, and email address.
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

Feedback

If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you assign to us all rights in that Feedback and agree that we have the right to use and fully exploit it and related information in any manner we deem appropriate. We will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Assumption of risk

The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services, or by anyone who may be informed of any of its contents.

Privacy

For information about how we collect, use, and share your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing of your information as set forth in that policy.

We may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services immediately ceases, and we have no liability whatsoever to you for any suspension or termination of your rights under this Agreement — including for termination of your account or deletion of your User Content. If you have registered for an account, you may terminate this Agreement at any time by contacting us and requesting termination.

Effect of termination. Upon termination, any provisions that by their nature should survive termination remain in full force and effect. This includes, without limitation, ownership and intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services does not relieve you of any obligations arising or accruing prior to termination, or limit any liability that you otherwise may have to us or any third party. You understand that any termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases.

You agree to indemnify, defend, and hold harmless the Company and its affiliates — and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, the “Indemnified Party”) — from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services — including but not limited to your User Content or any actions taken by a third party using your account. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.

Governing law. All matters relating to this Agreement, and all matters arising out of or relating to it — whether sounding in contract, tort, or statute — are governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles.

Dispute resolution. Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of California. Although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country, you irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.

At our sole discretion, we may require any dispute, claim, or controversy arising out of or relating to this Agreement, or to its breach, termination, enforcement, interpretation, or validity, to be submitted to and decided by a single arbitrator under the rules of the American Arbitration Association, in a venue within the State of California. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.

Waiver. Except as otherwise set forth in this Agreement, no failure or delay by the Company in exercising any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of it or of any other right, remedy, power, or privilege.

Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision, or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire agreement. This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Headings. Headings and titles of sections, clauses, and parts in this Agreement are for convenience only, and do not affect the meaning of any provisions.

No agency, partnership, or joint venture. No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have authority of any kind to bind the Company in any respect whatsoever.

Assignment. You shall not assign or delegate any of your rights or obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this section shall be deemed null and void, and no assignment or delegation relieves you of any of your obligations hereunder. We may freely assign or delegate our rights and obligations at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.

Export laws. The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations — including without limitation the Export Administration Act and the Arms Export Control Act — and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.

Description of our SMS program

Shelly L. O'Neil, Inc. operates a text messaging (SMS) program for buyers, sellers, and prospective clients who expressly opt in. By providing your mobile number and checking a consent box on our opt-in form, you agree to receive text messages from us at that number, including messages delivered using an automatic telephone dialing system.

We offer two separate categories of messages, and you may consent to either, both, or neither:

• Transactional and informational messages. Appointment confirmations and reminders, showing and consultation scheduling, account notifications, and replies to enquiries you send us.
• Marketing and promotional messages. New listing announcements, open house invitations, local market updates, and periodic follow-up regarding properties or services you have enquired about.

Consent is not a condition of purchase of any goods or services, and neither consent box is required in order to submit our form or to work with us.

Message frequency

Message frequency varies depending on your activity and the category of messages you have consented to receive.

Message and data rates

Message and data rates may apply. You are solely responsible for any charges imposed by your mobile carrier for sending or receiving text messages, including any charges for messages exchanged with us. Please consult your wireless plan or contact your carrier for details about your messaging and data rates.

How to opt out

You may cancel at any time by replying STOP to any message you receive from us. Text STOP to opt out. After you send STOP, we will send you a single confirmation message and will not send you further text messages unless you opt in again. You may also opt out by contacting us using the details in Section 18.

How to get help

For help, reply HELP to any message, or contact us directly at [email protected] or 760-223-2588.

Supported carriers and carrier liability

Eligibility and your number

You must be at least 18 years of age and located in the United States to participate in our SMS program. You represent that you are the subscriber to, or the customary user of, the mobile number you provide, and that you are authorized to consent to receive messages at that number. If you change or give up that number, you agree to notify us promptly.

Privacy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing with subcontractors providing support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. For full details, see our Privacy Policy.

All notices of copyright infringement claims should be sent to the designated copyright agent named in Section 10. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to the address below.