Welcome to the Whitcombe & Co. Website. We hope that you find our
Website useful and informative. Whitcombe & Co. provides you with
access to this Website subject to the following notices, terms, and
conditions. If you do not agree to these provisions, you are not authorized
to use this Website.
"Whitcombe & Co." means Whitcombe & Co. and/or its
managing broker, Joseph P. Whitcombe, and the internet and other real estate-related service
operated by them.
"Agent" or "Real Estate Agent" means a real estate
broker, salesperson, agent, associate broker, or similar state licensed real
"Buyer" or "Home Buyer" means a person who is buying
or considering purchasing a property.
"Seller" or "Home Seller" means a person who is
selling or considering the sale of a property.
using the Website.
"Prospective Purchaser or Seller" is an individual that
expressed an immediate and genuine interest in the sale or purchase of real
"User" means a person who is either a Buyer or a Seller who
accesses the Website and otherwise utilizes the services of Whitcombe &
"Website" means the Whitcombe & Co. Internet website
currently located at the URL address www.whitcombeandco.com, or any other
This Website is an advertisement for legal services and real estate
brokerages solely in the State of California.
1. Legal Ethics
The laws of California and all other states prohibit persons other than
admitted and licensed lawyers from holding themselves out as lawyers. Mr.
Whitcombe is a lawyer in good standing with the State Bar of California, and
the Federal District Court for the Eastern District of California. Mr.
Whitcombe does not hold himself out as being certified to practice law in
any other state, court, or jurisdiction. Accordingly, this Website should
not be considered as advertising in any state other than the State of
California (see “Geographical Limitations” below). Neither the content
of this Website, nor any content linked to this Website, should be
considered legal advice. The content of this Website does not necessarily
represent the opinions or views of Mr. Whitcombe. Content linked to this
Website is not created, edited, reviewed, or endorsed by Mr. Whitcombe. Do
not make any decision based on such content. If you want reliable legal
advice, you should consult a lawyer.
Please understand that any communications sent to our office via email
may not be privileged, and we may treat such communications as
non-privileged. Use of this Website, and/or communications resulting from
the use of this Website are not intended to establish an attorney-client
The principal place of business associated with this Website is Whitcombe
& Co., and the main office is located in Davis, California. The contact
person for this Website is Joseph P. Whitcombe.
2. Geographical Limitations
This Website is intended for use only by persons residing in or seeking
or considering entering a real estate transaction in the State of
3. Choice of Jurisdiction and Law
This Website was created and is controlled by Whitcombe & Co. in
Davis, California. Because of the above Geographical Limitations and
location of control of this Website, the laws of the State of California
shall apply to all provisions, disclaimers, terms, and conditions of this
Website. California choice of law principals that dictate that law of any
state other than the State of California should be applied to any such case
shall be of no effect. By using this Website, you agree that any lawsuit
arising out of the use of this Website, or related to the use of this
Website, will be filed and proceed in the Courts of Yolo County, California,
or the Federal District Court for the Eastern District of California.
4. Use of This Website
This Website, or any portion of this Website, may not be reproduced,
duplicated, copied, or sold, or otherwise exploited for any commercial
purpose without the express written permission of Whitcombe & Co.
5. Copyright Notice
All content in this Website, including but not limited to expression,
text, graphics, logos, and images are the property of The Law Offices of
Joseph P. Whitcombe. The compilation (meaning the collection, arrangement,
and assembly) of all content on this Website is the property of The Law
Offices of Joseph P. Whitcombe, and protected by federal and international
copyright laws. Any activity other than viewing this Website using a
Web-browser, including reproducing, modifying, distributing, transmitting,
republishing, displaying, or performing the content on this Website is
strictly prohibited. However, we hereby grant limited permission to Internet
Service Providers to store the contents of this Website in “caches” for
purposes related to increasing the efficiency of user Website access. We
also grant permission to insert links to this Website, or any portion of
this Website, to persons operating Websites whose content does not primarily
include explicitly sexual or violent content.
THIS WEBSITE AND ALL ELECTRONIC COMMUNICATIONS (INCLUDING EMAIL MESSAGES)
TO YOU ARE PROVIDED BY THE WHITCOMBE & CO. ON AN "AS IS"
BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT THAT THIS WEBSITE OR
ANY EQUIPMENT OR SOFTWARE ASSOCIATED WITH IT, OR ANY EMAILS AND/OR
ATTACHMENTS TRANSMITTED BY WHITCOMBE & CO. TO YOU ARE FREE FROM COMPUTER
VIRUSES, SO USE THEM AT YOU OWN RISK.
BY USING THIS WEBSITE, YOU AGREE THAT WHITCOMBE & CO. (and its
officers, directors, investors, employees, contractors, agents, successors,
assigns, affiliates, and/or content or service providers) WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR FROM
RECEIVING, OPENING, DOWNLOADING, OR OTHERWISE USING ELECTRONIC COMMUNICATION
FROM WHITCOMBE & CO. OR ITS AGENTS (INCLUDING EMAIL
MESSAGES AND ATTACHMENTS), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, EVEN IF GIVEN PRIOR
NOTICE OF SUCH DAMAGES OR POTENTIAL DAMAGES.
This disclaimer of liability applies to any damages or injury caused by
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line
failure, theft, or destruction or unauthorized access or, alteration of or
use of record in connection with the use or operation of this service,
whether for breach of contract, tortuous behavior, negligence or any other
cause of action.
WHITCOMBE & CO. PROVIDES LINKS TO OTHER WEBSITES FOR THE CONVENIENCE
OF USERS. WE DO NOT PREPARE, EDIT, REVIEW, OR IN ANY WAY ENDORSE THE CONTENT
OF LINKED WEBSITES. IN OTHER WORDS, SURF AT YOUR OWN RISK.
ALL INFORMATION PROVIDED ON THIS WEBSITE IS BELIEVED ACCURATE OR
REASONABLE, BUT IS NOT GUARANTEED. USERS SHOULD INDEPENDENTLY VERIFY
ANY INFORMATION THAT THEY INTEND TO RELY UPON IN ANY WAY. TO THE
EXTENT THAT ANY STATEMENTS ON THIS WEBSITE, INCLUDING ON THE NEWSLETTER
PORTION OF THE WEBSITE, ARE FOREWORD-LOOKING, THEIR ACCURACY OR RELIABILITY
IS NOT GUARANTEED, AND YOU SHOULD NOT RELY ON SUCH STATEMENTS.
7. Conditions of Use Of This Website
a. The User must be a prospective purchaser or seller of real property in
the geographic areas where Whitcombe & Co. is licensed and operating
with a bona fide interest in the purchase or sale of such real property.
b. The User must (a) provide true, accurate, and current information; (b)
maintain and update this information and ensure that it remains true,
accurate, and current. By providing an email address, the User agrees to
receive periodic email messages from Whitcombe & Co.
c. The User must be eighteen (18) years of age or older.
d. Any User that holds any type of real estate license, including, but
not limited to a brokers, associate brokers or salespersons license must
immediately advise Whitcombe & Co. by telephone or e-mail before that
User may access any part of the Website other than the homepage, or pages
related to legal issues. Whitcombe & Co. reserves the right to deny or
terminate access to any Real Estate Agent without cause.
e. All home data provided is for the personal, sole and private,
non-commercial use of the Client and not available for redistribution,
retransmission or copying. The Client may not sell or use the website data
for any purpose, other than the purpose of attempting to evaluate houses or
properties for sale or purchase. User acknowledges that the individual
multiple listing service (MLS), which supplies the listing data, owns such
data and User acknowledges the validity of the MLS's copyright to such data.
f. Client represents and warrants that he/she has not entered an
agreement with another brokerage that would prevent Client from using
Whitcombe & Co. as his or her sole and exclusive agent.
g. Client agrees to limit their online search to houses or properties
within their anticipated purchase ability or price range and to the
properties that meet their other criteria.
h. Client agrees to abide by all copyright restrictions placed on the
content of the Whitcombe & Co. Website including, but not limited to,
any material or data compilations where Whitcombe & Co. or others hold
i. The Client agrees that Broker may also represent other prospective
buyers seeking to purchase properties that may meet Client's criteria, to
the extent that this representation is consistent with Broker's duties under
the California Rules of Professional Conduct.
j. Client authorizes Whitcombe & Co. to review and provide copies of
various documents in the transaction to the Client. This includes, but is
not limited to home inspection reports and closing papers.
k. Whitcombe & Co. reserves the right to terminate User and/or Client
access to the Website and/or cease doing business with any person at any
time without cause or notice.
agree with its terms.
8. Terms May Change
We reserve the right to make changes this Website and to these
disclaimers, terms, and conditions at any time, so you should read this
Web-page every time you access this Website.
9. Rebates And Offers
Any rebates or offers regarding real estate services may be
withdrawn, altered, canceled, or discontinued without notice at any time.
Real estate broker commissions are always negotiable.
10. Do Not Call List Waiver
By registering for any service on this Website, and/or providing a phone
number to Whitcombe & Co., you acknowledge that you are inquiring about
services offered by Whitcombe & Co., and that you give Whitcombe & Co.
permission to telephone, email, or fax you notwithstanding that your phone number
(or email address or fax number) may be
listed on any "Do Not Call List," including the National Do Not
Call Registry (and the "Do Not Email Registry," or the "Do
Not Fax Registry"). Please note that you may use any service
provided on this website without providing a telephone number.