Last Updated on JANUARY 24, 2021. These Terms are effective immediately and supersede any previous version.
These Terms describe the terms and conditions that govern your access to and use of our products and services, including those offered through our trustyco.com website (the “Site”) and communications (including emails, phone calls, and/or texts [Are these communication forms accurate?]) (collectively, the “Service”). By accessing or using the Site or the Service, you agree to be bound by these Terms.
Trusty provides an online service through the Site for users to communicate with other users and share user-generated content regarding real estate listings. [Is the following statement true?] Users are required to create an account to access or use the Service (“User Account”). “Content” means text, images, photos, audio, video, and all other forms of data or communication using all technologies whether now known or later created that is submitted to, or transmitted through, the Site or in connection with the Service. If you have generated such original Content, it is “Your Content”; if Trusty did, it is “Trusty Content”; if a third party did, it is “Third Party Content.” “Service Content” collectively means Your Content, Trusty Content, and Third Party Content.
Trusty may need to modify the Terms and we encourage you to review these Terms regularly. [NB this legal requirement:] Any changes or modifications will be effective immediately upon posting the revisions to the Site and you will be bound by the revised Terms. If material changes to these Terms are made, Trusty will notify you by posting a notice on the Site or by sending you notice by email to the address registered with your User Account. We will also indicate at the top of this page when these Terms were last updated. Your continued use of the Site or the Service means that you accept all modified Terms.
Trusty is devoted to bringing greater transparency to real estate listings by allowing licensed real estate agents (“Agents”) to provide honest and unique perspectives to potential home buyers (“Buyers”). Trusty provides an online community where Agents and Buyers can find and connect with each other to increase local marketplace expertise through a collection of educated and thoughtful reviews.
Agents use their curated knowledge of the housing market and share reviews of current real estate listings on the Site that users can search and comment on. The Site may provide Users a platform to request more information.
Trusty is not responsible for the quality, content, or any other communication between users of the Site. Trusty does not moderate content or impose standards for the Site because we believe in creating an honest and open dialogue concerning current real estate listings.
You must be 18 years or older to use Trusty’s Site and Service, which are not directed at or intended for use by anyone under the age of 18. If Trusty determines that a user is under the age of 18, Trusty will immediately terminate the associated User Account and delete any information provided.
To access or use the Service, you must have the requisite power and authority to enter into these Terms. You must create a User Account and provide certain information about yourself to use some features that are offered through the Service. Your User Account is for your individual use only, and you may not create or use a User Account for anyone other than yourself. You are responsible for providing complete and accurate information about yourself when creating a User Account and promptly update this information to maintain its accuracy to bolster your credibility as a Content contributor to the Service. You may not impersonate someone else, provide any contact information other than your own, list any inaccurate information, create multiple User Accounts, or transfer your User Account to another user.
You are responsible for all activities that occur in connection with your User Account. You are also responsible for maintaining the confidentiality of your User Account password. You shall notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any reason or no reason. You may not access or use the Service if you are a competitor of Trusty or if Trusty has previously banned you from the Service or closed your User Account.
You alone are responsible for Your Content and once posted, shared or otherwise communicated via Trusty, Your Content is considered published. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks association with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is any way sponsored or endorsed by Trusty.
You may expose yourself to liability if Your Content contains material that is false, intentionally misleading, or defamatory, violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, contains material that is unlawful, including illegal hate speech or pornography, exploits or otherwise harms minors, violates or advocates the violation of any law or regulation, or violates any provisions of these Terms.
While using the Site and Service, you are part of a unique online community. To keep the Site safe and accessible for all users, you agree to respect the rights of other users of the community, including as described in these Terms.
To protect our users from Prohibited Activity, as described below, Trusty reserves the right to take appropriate actions, including by restricting the frequency of communications a user may send in a certain time period, or reviewing, editing, or removing user content which in our sole and absolute judgment violates any of these Terms. To protect the integrity of the Site and Service, Trusty reserves the right to block users from certain IP addresses from accessing the Site for any violation of these Terms.
By accessing or using the Service, you consent to receive communications from other users and Trusty through the Service, or through any other means such as emails or push notifications. These communications may promote Trusty or businesses listed on Trusty, and may be initiated by Trusty, businesses listed on Trusty, or other users.
Trusty may use Your Content by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works based on or incorporating it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). You hereby irrevocably grant to Trusty a worldwide, perpetual, fully paid-up, non-exclusive, royalty-free, assignable, sublicensable, and transferable license to use Your Content for any purpose, using all technologies whether now known or later created. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Trusty and its users any claims and assertions of moral rights or attribution with respect to Your Content.
Service Content (including any that may have been created by users employed or contracted by Trusty) does not necessarily reflect the opinion of Trusty. Except as required by law, Trusty has no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. Trusty reserve the right to remove, screen, edit, or reinstate of Your Content at our sole discretion for any reason or no reason, and without notice to you.
Except for Your Content, and Third Party Content, Trusty owns all Service Content, including to visual interfaces, interactive features, graphics, design, compilation (including our selection, coordination, aggregation, and arrangement of Your Content and other Content), computer code, products, aggregate star ratings, and all other elements and components of the Service. You acknowledge that all copyrights and other intellectual property rights related to the aforementioned Content, Site, and Service are owned, as between the Parties, solely and exclusively by Trusty, to the full extent permitted, and are protected, under the United States Copyright Act, international copyright laws, and all other applicable laws. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit or in any way use or exploit any Content, except for Your Content, in whole or in part without Trusty’s express prior written consent.
Trusty also owns trademarks, service marks, and trade names (the “Marks”) throughout the world associated with the Site and the Service, which are protected by law. As such, you shall not use or exploit any of the Marks in whole or in part except as expressly authorized by Trusty. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Service are expressly retained by Trusty.
[You also should register your agent for DMCA notices with the U.S. Copyright Office.]
We welcome your feedback, however, you agree that Trusty is free to use any comments, information, ideas, concepts, reviews, techniques, or any other material contained in any communication you may send to us, worldwide and in perpetuity without acknowledgement, compensation, or payment to you.
If you need assistance or have questions about your User Account, you may contact us at email@example.com.
Trusty, its affiliates and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you
Trusty provides a forum for Buyers and Agents to share information and reviews concerning current real estate listings. As a result, content relating to a particular use is primarily user generated. Trusty does not control or vet user generated content for accuracy nor does Trusty assume any responsibility for the accuracy or reliability of any information provided by users whether on the Site, Service or offline. Trusty may offer certain users the opportunity to verify certain information, such as their email address or phone number, however, Trusty does not guarantee, nor does Trusty represent or warrant as to, the accuracy of such information.
Trusty is not responsible for the conduct, whether online or offline, of any user of the Site or Service. Trusty does not assume and expressly disclaims any liability that may result from the use of information that may be provided through Trusty’s Site or Service. All users, including both Agents and Buyers, hereby expressly shall not hold Trusty, or its officers, directors, shareholders, employees, or other affiliates (collectively the “Trusty Parties”) liable for any action or inaction of any user of the Site or Service for any information, advice, or services which originated through Trusty’s Site or Service, and the Trusty Parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE TRUSTY SITE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TRUSTY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE AND SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ERROR-FREE OR RELIABLE. YOU AGREE THAT TRUSTY IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS. BECAUSE THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TRUSTY OR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. BECAUSE THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE TRUSTY PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF ANY PROVISION CONTAINED IN THESE TERMS OR YOUR USE OF THE SITE OR SERVICE (INCLUDING YOUR USE OF THE CONTENT). TRUSTY RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
These Terms specifically are not intended to constitute a third party beneficiary contract and therefore shall not be construed to be for the benefit of any person or entity not a Party hereto, and no such person or entity shall have any claim or right of action under this Agreement.
These Terms shall be exclusively interpreted, construed and enforced under California (U.S.A.) law without reference to its choice of law rules and, if any federal right violation is alleged, the laws of the United States of America. Venue for any court action arising out of or relating to this Agreement shall be exclusively brought in the appropriate state court in the California Superior Court located in the City and County of San Francisco [Please confirm this is where Trusty is located] or any federal court in the Northern District of California and the Parties irrevocably consent to the jurisdiction of such courts for any permitted court action on any obligation hereunder.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect as if such invalid, illegal, or unenforceable provision had never been included.
These Terms: (i) are drafted and shall be interpreted in the English language; (ii) shall be construed fairly with no inference drawn against the drafting Party; (iii) use, though strictly for convenience, various titles and headings which shall not affect interpretation of these Terms; (iv) set forth the Parties’ entire agreement and understandings relating to the subject matter herein and merges and supersedes all of the Parties’ prior agreements, writings, commitments, discussions and understandings; (v) and any right or obligation set forth in these Terms can only be amended, modified, or waived in a writing signed by Trusty; and (vii) shall bind (and inure to the benefit of) the Parties, and the Parties’ respective heirs, approved assigns, successors-in-interest, and legal representatives (subject to any and all assignment restrictions set forth herein). When used in this Agreement, “including” shall be deemed to mean “including, but not limited to,” regardless whether such term is initially capitalized and notwithstanding any conflicting provision of these Terms. YOU EXPRESSLY REPRESENT THAT YOU HAVE: (A) READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS; (B) INDEPENDENTLY EVALUATED THE DESIRABILITY OF ENTERING INTO THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH HEREIN; AND (C) BEEN AFFORDED THE OPPORTUNITY TO SEEK THE ADVICE OF LEGAL COUNSEL WITH REGARDS TO YOUR RIGHTS AND OBLIGATIONS SET FORTH IN THIS AGREEMENT AND HAVE EITHER SOUGHT OR REFUSED SUCH COUNSEL.