Len Herman/Len Herman Group may modify these Terms from time to time. Any modifications to the Terms will be effective once posted to the Site. If you access or use the Site after the Terms have been modified, your continued access and use will constitute acceptance of all modifications.
Len Herman/Len Herman Group’s Content and Intellectual Property
Any information or content shared on the Site is for informational purposes only and does not constitute legal or professional advice. Please consult with an appropriate professional for any professional advice you need, for example, legal or accounting advice. Len Herman/Len Herman Group or its partners created the text, images, video, graphics, content, and materials (“Materials”) available through the Site. All Materials are protected by all applicable copyright and trademark laws. Len Herman/Len Herman Group or the party credited owns the Materials, and all rights in the Materials are expressly reserved. Use of the Materials is subject to Len Herman/Len Herman Group’s Reprint Policy, which describes in detail how you may use the Materials found on this Site. Please review that document before using the Materials. Any use not described in the Reprint Policy is prohibited.
Len Herman/Len Herman Group hopes this website will promote and facilitate a meaningful exchange of information on issues in the real estate industry. In order to ensure a safe and civil environment, Len Herman/Len Herman Group expects you to conduct yourself in a respectful and law-abiding manner when using the Site. You may not:
– Use the Site to advertise or promote real estate listings or real estate services;
– Use the Site to send unsolicited communications or promotions, also known as “spam”;
– Use the Site to promote or advertise products or services;
– Use the Site in any way that violates local, state or federal laws;
– Upload or share materials that are illegal, fraudulent, defamatory, libelous, misleading, threatening, profane, or obscene;
– Take any action that will disrupt or interfere with operation of the Site, which includes use of any robot, spider, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Site;
– Violate the privacy or infringe the rights of others, including intellectual property rights;
– Use inflammatory, offensive or inappropriate language;
– Impersonate other persons.
In certain areas of the Site, you can choose to upload content that will be publicly displayed. Please be thoughtful when choosing to do so, since content available online is easily shared and captured.
If you choose to share content on the Site, you warrant and represent that you are the owner of the content or you are permitted to use the content in such manner. You may not post any content to the Site that you do not own or are not permitted to use. Len Herman/Len Herman Group respects the intellectual property rights of others and expects you to do the same. By submitting any content, you grant to Len Herman/Len Herman Group a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, create derivative works of, and publicly perform such content for any purpose related to the Site and the services provided through the Site.
Len Herman/Len Herman Group will review all content submitted prior to public posting on the Site. If approved, the content will be posted within a reasonable time-frame. Len Herman/Len Herman Group may refuse to post any content for any reason whatsoever. For example, Len Herman/Len Herman Group may not approve content that contains offensive language, is not relevant to the original post, or is a commercial endorsement. Also, Len Herman/Len Herman Group may remove any content for any reason whatsoever. This means that even if your content was initially approved by Len Herman/Len Herman Group, Len Herman/Len Herman Group may remove it at a later date. If you choose to upload content to the Site, you agree to indemnify and hold Len Herman/Len Herman Group harmless from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the Content posted by you.
Some portions of the Site may only be accessed by members of Len Herman/Len Herman Group. If you are a member of Len Herman/Len Herman Group, you must first register for access. You will need to select a username and password. You are responsible for your username and password, and the activities that occur on the Site under your username and password, so please be careful with how you store and share that information. You are also responsible for providing Len Herman/Len Herman Group with accurate and complete registration information, including updating such information as it changes.
You may have the opportunity to provide your email address to Len Herman/Len Herman Group, for example, by registering for members’-only access. If you share your e-mail address with Len Herman/Len Herman Group through the Site, Len Herman/Len Herman Group may send e-mails to you about a variety of subjects, such as updates to the Site or Len Herman/Len Herman Group’s products, services, events and programs. By providing your e-mail address to Len Herman/Len Herman Group, you consent to receiving these e-mails from Len Herman/Len Herman Group. You will have the option of unsubscribing from Len Herman/Len Herman Group’s e-mail list(s) through a link included in Len Herman/Len Herman Group’s e-mails.
Third-Party Advertisers and Vendors
Third-party vendors may advertise, offer products or services for sale, or host promotions on the Site. If you choose to purchase any product or service or enter any promotion, the terms of that purchase or promotion are between you and the third-party vendor. Len Herman/Len Herman Group does not make any representation or warranty about third-party products, services or promotions available through the Site. Len Herman/Len Herman Group disclaims all liability for any losses or damages stemming from any purchase or promotion offered by a third-party vendor.
SITE PROVIDED “AS IS”
Len Herman/Len Herman Group hopes your visit to the Site is informative and entertaining; however, there are certain things that Len Herman/Len Herman Group cannot guarantee. THIS SITE IS PROVIDED BY Len Herman/Len Herman Group ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. LEN HERMAN/LEN HERMAN GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF LEN HERMAN/LEN HERMAN GROUP WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEN HERMAN/LEN HERMAN GROUP DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY.
Some jurisdictions do not permit the disclaimer of certain warranties, so the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEN HERMAN/LEN HERMAN GROUP, ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. LEN HERMAN/LEN HERMAN GROUP SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES; DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT LEN HERMAN/LEN HERMAN GROUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not permit the limitation or exclusion of certain liabilities, so the above limitations and exclusions may not apply to you.
You may stop using the Site at any time. Len Herman/Len Herman Group may suspend or terminate the Site at any time at Len Herman/Len Herman Group’s discretion and without notice. Len Herman/Len Herman Group may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, Len Herman/Len Herman Group may terminate your access to this Site if you are not complying with these Terms or if Len Herman/Len Herman Group determines that you are a repeat infringer of third-party intellectual property rights.
Digital Millennium Copyright Act (“DMCA”)
Len Herman/Len Herman Group respects the intellectual property rights of others and expects you to do the same. Per the DMCA, Len Herman/Len Herman Group will respond expeditiously to claims of copyright infringement on the Site if submitted to Len Herman/Len Herman Group’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Len Herman/Len Herman Group will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials. If you believe that your intellectual property rights have been violated by Len Herman/Len Herman Group or by a third party who has uploaded materials to the Site, please provide the following information to Len Herman/Len Herman Group’s designated Copyright Agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where Len Herman/Len Herman Group can contact you and, if different, an e-mail address where the alleged infringing party, if not Len Herman/Len Herman Group, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
f. Your electronic or physical signature.
Len Herman/Len Herman Group may request additional information before removing any allegedly infringing material. In the event Len Herman/Len Herman Group removes the allegedly infringing materials, Len Herman/Len Herman Group will immediately notify the person responsible for posting such materials that Len Herman/Len Herman Group removed or disabled access to the materials. Len Herman/Len Herman Group may also provide the responsible person with your e-mail address so that the person may respond to your allegations. Len Herman/Len Herman Group reserves the right to terminate, limit or suspend any user’s access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact Len Herman/Len Herman Group’s Copyright Agent. Please include sufficient information to assist Len Herman/Len Herman Group in determining that the user repeatedly engaged in infringing activity.
Len Herman/Len Herman Group registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Len Herman/Len Herman Group’s designated Copyright Agent is:
Keller Williams Realtors
27101 Puerta Real, Suite 150
Mission Viejo, CA
Len Herman/Len Herman Group’s access may extend worldwide, and Len Herman/Len Herman Group welcomes visitors to the Site from across the world. Len Herman/Len Herman Group’s operations are, however, located in the United States and its policies and procedures based on United States law. If you are located outside of the United States, you consent to the transfer, storage and processing of your information, such as registration information or email addresses, in the United States. Additionally, if you are accessing the Site from a country embargoed by the United States, you agree to not engage in any commercial activities, including financial transactions, using or through the Site.
These Terms are governed by the laws of the State of California, without reference to conflicts of laws. Regardless of your location, any disputes that arise under these Terms will be litigated before a court in Orange County, California.
These Terms constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. These Terms create no third-party beneficiary rights.
Len Herman/Len Herman Group’s or your failure to exercise any right provided for in these Terms shall not constitute a waiver of any rights under these Terms. If any provision of these Terms is found to be unenforceable, such unenforceability will not affect the validity of the remaining provisions. You may not assign any of your rights under these Terms. Len Herman/Len Herman Group may assign its rights under these Terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms.