Santa Barbara Home Site

Terms

Last Updated January 16, 2012

Please read these terms and conditions (the “Terms of Use”) carefully before using this web site. By visiting and accessing the information, resources, products and tools provided at www.sbhomesite.com / www.santabarbarahomesite.com (the “Site”), you agree to comply and be bound by the following Terms of Use, along with the terms and conditions stated in our Participation Policy and Privacy Policy.

Santa Barbara Home Site reserves the right to change the Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review the Terms of Use periodically to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

SBHomeSite / SantaBarbaraHomeSite.com (The “Site”) is owned and operated by Santa Barbara Home Site, LLC (“SBHS”). Through SBHS, the Site provides information, resources, products, services and tools (collectively known as “SBHS Services”) to help users Discover, Style and Inspire their Santa Barbara Home™. SBHS Services include local Real Estate / Vacation Rental Search Tools and Information, Home, Garden and Life/Style Design Ideas and Guides, Regional Santa Barbara Area Guides, Home and Personal Finance Information and Tools, a Directory of Home-related Professionals, Forums to allow users to “Get Advice” from their peers and professionals, “My SBHomesite” – a “micro-portal” where users can save their “favorite” articles, professionals, real estate listings, searches and forum posts – along with other content, products and / or services available on the Site and through SBHS affiliates.

Certain SBHS Services may be located on third-party web sites and / or applications either as a link from an add-on service to, or otherwise in connection with, web sites and / or applications that such third parties control. Nothing contained in any of the SBHS Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.

By visiting the Site and accessing SBHS Services provided for you -- either directly or indirectly -- you agree to use SBHS Services only for the purposes intended as permitted by (a) the Terms of Use, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

1) In order to access certain SBHS Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use services. You agree that any information you provide will always be accurate, correct, and up to date.

2) You are responsible for maintaining the confidentiality of any login information associated with any account you use to access SBHS Services. Accordingly, you are responsible for all activities that occur under your account/s.

3) Accessing (or attempting to access) any of SBHS Services by any means other than through the means SBHS provides, is strictly prohibited. You specifically agree not to access (or attempt to access) any of SBHS Services through any automated, unethical or unconventional means.

4) Engaging in any activity that disrupts or interferes with SBHS Services, including the servers and/or networks to which SBHS Services are located or connected, is strictly prohibited.

5) Attempting to copy, duplicate, reproduce, sell, trade, or resell SBHS Services is strictly prohibited.

6) You are solely responsible for any consequences, losses, or damages that SBHS may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

SBHS may provide various open communication tools on its website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You – the user -- are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (the "User Content") that you post, submit, publish, display or link to on the Site or send to other SBHS users. You understand that, in general, SBHS does not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to the Site, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, link or otherwise distribute any User Content that:

1) is defamatory, obscene, pornographic, indecent, harassing, threatening, intimidating, degrading, defamatory, abusive, inflammatory, racist, or fraudulent or that is purposely false or misleading. Without limiting the foregoing, you will at all times adhere to the SBHS Participation Policy, which is incorporated into these Terms of Use.

2) infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or local law, rule or regulation, including Fair Housing Laws; and

3) contains any type of unauthorized or unsolicited advertising;impersonates any person or entity, including any www.sbhomesite.com employees or representatives.

You agree that by posting content on the Site, you are granting SBHS a royalty-free, perpetual, irrevocable and fully sublicensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the Site or in the course of offering SBHS Services. You understand and agree that any User Content that you post or submit to SBHS may be redistributed through the internet and other media channels, and may be viewed by the general public. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use SBHS Services. All information provided as part of our registration process is covered by our privacy policy.

For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker. You understand that SBHS does not approve or control the User Content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, SBHS is not liable for any statements, representations, or User Content provided by its users on the Site or in connection with SBHS Services. SBHS assumes no responsibility for monitoring the Site or SBHS Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, SBHS reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. SBHS nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.

Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms of Use.

You understand that SBHS does not endorse or warrant any particular content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using SBHS Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will SBHS be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site or the Service. You use the Site and the SBHS Services at your own risk.

You agree to indemnify and hold harmless SBHS and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Directory Listings for Service Providers (i.e., through "Find a Pro"), Third Party Advertising and Business Dealings

SBHS may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. SBHS is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you release SBHS from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Modification of SBHS Services

SBHS reserves the right to modify or discontinue SBHS Services or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. SBHS shall not be liable to you or any third party should SBHS exercise its right to modify or discontinue the SBHS Services or part of it.

Copyright And License

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are proprietary property of SBHS or its licensors, or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable right to access this Site, use the SBHS Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:

1) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;

2) market, sell or make commercial use of the Site or any Materials;

3) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;

4) make derivative uses of the Site or the Materials; or

5) use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of SBHS or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

SBHS does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source web site or information provided by the web site owner. SBHS uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. SBHS does assert copyright and reserves all right to the search results and associated compilations.

Trademarks And Service Marks

Santa Barbara Home Site, SBHomeSite.com, SantaBarbaraHomeSite.com and our logos are either trademarks, service marks or registered trademarks of Santa Barbara Home Site, LLC or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing “Santa Barbara Home Site”, SBHomeSite or any other name, trademark, or product name of SBHS without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of SBHS, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and SBHS’ names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links To Other Sites

SBHS Services contain links to third-party web sites. These third-party sites are not under the control of SBHS. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. SBHS is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Information Provided by Real Estate Professionals

If you are a real estate professional, you agree that you will not claim or submit listings that do not belong to you.

Disclaimer of Responsibility for Third Party Content

SBHS may provide third party content on the Site and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. SBHS does not monitor or have any control over any Third Party Content or third party web sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not SBHS. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. SBHS does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the site by any third party. Users use such Third Party Content contained therein at their own risk.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Indemnification

You agree to indemnify and hold harmless Santa Barbara Home Site, LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Warranties

By using our website, you understand and agree that all SBHS Services we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

1) the use of SBHS Services will meet your needs or requirements;

2) the use of SBHS Services will be uninterrupted, timely, secure or free from errors;

3) the information obtained by using SBHS Services will be accurate or reliable;

4) and any defects in the operation or functionality of any SBHS Services we provide will be repaired or corrected.

Furthermore, you understand and agree that:

1) any content downloaded or otherwise obtained through the use of SBHS Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and

2) no information or advice, whether expressed, implied, oral or written, obtained by you from SBHS or through the SBHS Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Terms of Use.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Santa Barbara Home Site, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our SBHS Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Termination of Use

You agree that SBHS may, at its sole discretion, suspend or terminate your access to all or part of its website and SBHS Services with or without notice and for any reason, including, without limitation, breach of this Terms of Use. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the SBHS Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by Santa Barbara Home Site, LLC from our offices located in the state of CA, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of CA, by accessing our website, you agree that the statutes and laws of CA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, CA You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use or SBHS Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Santa Barbara, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either SBHS or you may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Barbara, California, as necessary to protect the rights or property of you or SBHS.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, SANTA BARBARA HOME SITE, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information
If you have any questions or comments about these Terms of Use as outlined above, contact SBHS at:
Santa Barbara Home Site, LLC
P.O. Box 30111
Santa Barbara , CA 93130
USA
info@sbhomesite.com