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Terms of Use For This Website

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.

Definitions

"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 estate professional.

"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.

"Client" is a User that has agreed to these Terms of Use by using the Website.

"Prospective Purchaser or Seller" is an individual that expressed an immediate and genuine interest in the sale or purchase of real property.

"User" means a person who is either a Buyer or a Seller who accesses the Website and otherwise utilizes the services of Whitcombe & Co.

"Website" means the Whitcombe & Co. Internet website currently located at the URL address www.whitcombeandco.com, or any other URL, on a child-page of which these terms of use are located.

Terms Of Use

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 relationship.

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 California.

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.

6. DISCLAIMER

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 the copyright.

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.

l. By agreeing to these Terms of Use, User acknowledges that they have read the Whitcombe & Co. Privacy Policy and 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.

 

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