Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT AND THE TERMS AND CONDITIONS OF USE STATED HEREIN.

This web site, including all features and content (“Web Site”), is a service provided by REPRESENCE INC., Represence.com and/or its affiliates (“REPRESENCE”). All software, services, content and data provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms and Conditions”).

1. Limited License. You are granted a non-exclusive, non-transferable, revocable, limited license (“Limited License”) to access and use this Web Site and the Content in accordance with these Terms and Conditions. REPRESENCE may terminate this license at any time for any reason. All rights of any kind which are not expressly granted by this Limited License are entirely and expressly reserved to REPRESENCE.    
2. Updates. REPRESENCE, at its sole discretion, may provide you with updates to the Content. Any such updates may or may not contain all existing features of the Content.
3. No Sale. Access to this Web Site and the Content is being licensed, not sold, for use solely in accordance with these Terms and Conditions. This license does not give you any rights to proprietary intellectual property of REPRESENCE or its licensors, including the design, development, manufacture, licensing or distribution of Other Materials (as defined below) which may be made available on this Web Site.
4. Lawful Uses Only. You agree to use the Web Site and Content in compliance with all applicable laws, including local laws of the state, county, region or municipal authority in which you reside or intend to use the Web Site and Content. In particular, you represent and warrant that you have, and will maintain, a license to operate as a real estate salesperson or real estate broker, and will use the Web Site, including the provision of any Content which is displayed on the Web Site, in accordance with the rules governing the conduct and practices of real estate professionals, whether it be enactments by the state, county, region or municipal authority in which you reside or intend to use the Web Site and Content, or any board of real estate professionals operating in your locality. REPRESENCE is relying expressly on this continuing representation and warrantee and it shall be a ground for immediate termination of this Limited License if you should engage in conduct (including the loss of your license) in violation of the terms of this paragraph.
5. Prohibited Acts. By accepting these Terms and Conditions, you agree that you will not copy, reverse engineer, attempt to derive the source code, decompile, decrypt, modify or create derivative works from the Web Site or the Content (“Prohibited Acts”). You agree that any violation of this paragraph is a violation of the rights of REPRESENCE and its licensors to prevent which REPRESENCE shall have the right to immediate injunctive relief, among any other legal and equitable remedies available to it. You further agree that the commission or continuance of any Prohibited Act (a) would result in great or irreparable injury to REPRESENCE and/or its licensors; (b) would tend to render any judgment ineffectual; (c) would result in injury and damage to REPRESENCE or its licensors for which pecuniary compensation would not afford adequate relief; and (d) would render it extremely difficult to ascertain the amount of compensation which would afford adequate relief.
6. Consent to Data Collection and Use. By accepting these Terms and Conditions, you agree that REPRESENCE or its licensors may collect, use and process data pertaining to usage, software performance, interfaces, performance issues and other related technical information. Use of this data will be pursuant to REPRESENCE’s Privacy Policy, which is set out below.
7. Third Party Links and Other Materials. The Web Site may contain or make available content, applications, data or materials from third parties or provide links to third-party web sites (“Other Materials”), as a convenience to Web Site users. By using such Other Materials, you understand and agree that REPRESENCE has not undertaken any evaluation or review of such Other Materials; that REPRESENCE has not assumed and shall not have any liability for any aspect of such Other Materials, including without limitation its suitability for use in your locality or security protocols; and that REPRESENCE makes no representations or warrantees regarding such Other Materials, including without limitation their contents, fitness for purpose, accuracy, legality, copyright compliance or privacy policies.
8. Termination. This Limited License shall be effective until terminated. Your rights to make use of the Web Site or the Content will terminate automatically, or otherwise cease to be effective without notice from REPRESENCE, if you violate or fail to comply with any of the Terms and Conditions of this Limited License. All representations and warrantees made by you shall survive the termination of this Limited License.
9. Complete Agreement; Governing Law and Jurisdiction. This Limited License contains all of the terms of agreement between the parties and supersedes all other or prior understandings, negotiations or agreements. No amendment to or modification of this Limited License will be binding unless it is in writing and signed by an authorized signatory of REPRESENCE. This Limited License shall be governed by the laws of the State of California. Exclusive jurisdiction and venue for any action arising out of this Limited License shall be in the state or federal courts for the County of Ventura, California, and you expressly agree to such jurisdiction and venue.
10. Disclaimer of Warrantees. By using the Web Site and the Content, to the fullest extent permitted by applicable law, you expressly understand and agree to the following disclaimers:
    1. YOUR USE OF THE WEB SITE AND CONTENT IS AT YOUR SOLE RISK, INCLUDING WITHOUT LIMITATION, ALL RISKS ASSOCIATED WITH SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFECTIVENESS.
    2. THE WEB SITE AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTEE OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, AS TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
    3. REPRESENCE DOES NOT WARRANT THAT THE FUNCTIONS OF OR SERVICES PROVIDED IN THE WEB SITE AND CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE AND CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SPECIFIC SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE WEB SITE OR CONTENT WILL BE CORRECTED, OR THAT THE WEB SITE OR CONTENT WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE OR APPLICATIONS.
    4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A REPRESENTATIVE OF REPRESENCE SHALL CREATE A WARRANTY. SHOULD THE WEB SITE OR CONTENT PROVE DEFECTIVE, YOU ASSUME THE COST OF ANY NECESSARY REPAIR OR CORRECTION.
    5. IN NO EVENT SHALL REPRESENCE, OR ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB SITE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF REPRESENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF REPRESENCE, OR ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FOR ALL DAMAGES EXCEED THE SUM OF ONE- HUNDRED DOLLARS ($100.00 US).
11. Privacy. REPRESENCE respects your privacy. We have put in place the following policies to protect the privacy of our users.
    1. Personal Account Information. When you set up or use your account with REPRESENCE, you will be asked to provide your personal information, including among other things your name, mailing address, telephone number, email address, Social Security Number, credit card information, and a driver’s license number.
    2. Use of Personal Account Information. Your financial information (Social Security Number and credit card information) will be used only when an account is opened or charges made. There will also be occasions when it is important to communicate with you regarding your account, such as to confirm purchases, update credit card information or notify you of changes to the Terms and Conditions of your Limited License.
    3. Use of Non-Personal Information. We maintain and process information which is not connected to you personally but may involve your usage of the Web Site and Content. We may, for example, collect information about hours of usage, duration of usage, real estate listings and sales by zip code, duration from listing to sale, listing and sale prices by zip code, and other generally pertinent information.
    4. Cookies and Other Tracking Devices. The Web Site may use “cookies” and other related tracking devices to help REPRESENCE understand what parts of the site are most frequently used, whether searches are effective, how many times users see and respond to advertisements and other related data. REPRESENCE also use cookies to remember your personal information when you use the Web Site and Content, to make your repeat visits to the Web Site more efficient and productive. Knowing your contact information and other relevant data helps us to provide you with better, more efficient service.
    5. Opting Out. While your account is active, you must keep your personal information current. If, after terminating your account, you wish to have us delete your information or stop further communications, you may opt out by contacting us at support@represence.com.
    6. Disclosures Required by Law. REPRESENCE may disclose personal information if required by applicable law, legal process or litigation, or to comply with governmental investigations, national security concerns, or law enforcement requests. REPRESENCE will also transfer all personal information to the successor if there is a reorganization, merger, or sale of the company.
    7. Security for Your Personal Information. In order to insure the safety of your personal information, REPRESENCE contracts with an outside provider for internet security. Please contact us directly at support@represence.com for further information regarding specific security protocols in place at any given time. This privacy policy and our security protocols are communicated to our personnel and any third-party providers, who must agree to abide by them in order to be part of Represence.com.
    8. Updates to Privacy Policy. REPRESENCE may update its privacy policy from time to time. If the changes are material, we will post a notice regarding the changes, with a copy of the updated Privacy Policy, on the Web Site. You may check the Web Site at any time for a copy of our current Privacy Policy.
12. Dispute Resolution. REPRESENCE and you agree to arbitrate all disputes and claims between us, whether they arose before, during or after the termination of this agreement. Our agreement to arbitrate is intended to be given the broadest possible interpretation, and is meant to include, without limitation, any and all claims arising out of the relationship between us, whether based in contract, tort, statute, unfair competition, or any other legal theory. Notwithstanding the foregoing, either party may bring an individual action in small claims court. In entering into this arbitration agreement, you understand and agree that you are knowingly waiving the right to a trial by jury or to participate in a class action. This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
    1. Pre-Arbitration Procedure. Prior to commencing arbitration, the party who intends to seek arbitration must first send a written notice of claim to the other party, by certified mail, return receipt requested. The notice to REPRESENCE shall be sent to the following address: 2625 Townsgate Road, Suite 330, Westlake Village, CA 91361. This notice should describe the nature of the claim and the specific relief sought. If you and REPRESENCE do not reach an agreement to resolve this claim within 30 days after the receipt of this notice, then either you or REPRESENCE may commence arbitration. The amount or terms of any settlement proposal made by REPRESENCE prior to the arbitration shall not be disclosed to the arbitrator until he or she determines the amount to which either party is entitled.
    2. Commencement of Arbitration. The arbitration will be conducted before the American Arbitration Association ("AAA") under its then-current Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("Rules"), except as modified herein. The arbitrator may not exceed the scope of his or her appointment under this agreement. If a dispute arises as to the scope or enforceability of this arbitration agreement, it shall be decided by a court of competent jurisdiction in Ventura County, California. All other issues are for the arbitrator to decide. All arbitration hearings will take place in Ventura County, California. After the arbitration has been concluded, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based.
    3. Cost of Arbitration. The cost of arbitration will be paid by the parties under the Rules, subject to later re-allocation. Each side will bear its own attorney and expert fees.
    4. The Award. If the arbitrator finds in your favor on the merits of your claim in an amount greater than any written settlement offer from REPRESENCE during the pre-arbitration period, then REPRESENCE will pay you the amount of the award together with all costs of arbitration. If the arbitrator finds in your favor on the merits of your claim in an amount less than any written settlement offer from REPRESENCE during the pre-arbitration period, then REPRESENCE will pay you the amount of the award minus all costs of arbitration.
    5. Prohibition on Class Arbitration Proceedings. The arbitrator may award relief of any kind solely in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AGREE THAT EACH PARTY TO THIS AGREEMENT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not be permitted to consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.