Membership privileges are granted by 420 Property to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the 420 Property website without express written permission from 420 Property, and by registering for a membership, you represent and warrant that you are not a competitor of 420 Property or acting on behalf of a competitor of 420 Property in registering for and accessing the Service. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of 420 Property. By completing the registration process, Customer represents and warrants that the information provided is true, accurate, complete, and current. 420 Property requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the 420 Property website. Members are not permitted to share their individual logon information with others. 420 Property has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the 420 Property website, or abuses their rights related to the 420 Property service. Upon registration, which is free, Customer becomes a FREE Member. A FREE Member may search 420 Property’s property listings and will receive a subset of results of the available properties, businesses, and professionals matching the Customer’s search parameters. FREE Members can list unlimited amount of real estate/ property listings. Registered users may elect to list paid advertisements, such as featured property listings, professional listings, and featured professional listings.
420 Property utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant 420 Property and other users of 420 Property the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes 420 Property determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. 420 Property will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will 420 Property have any liability for sending any email to its registered users/customers. By becoming a member of 420Property.com, you acknowledge and agree that 420 Property may record telephone and other electronic communications it has with you for 420 Property internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings:
Use of Information:
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to 420 Property. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of 420 Property. 420 Property does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
INFORMATION PROVIDED BY 420 PROPERTY ONLY, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL TO VERIFY INFORMATION OBTAINED FROM THE SERVICE.
Customer shall limit access to and use of active property listings, member directory, and professional profile information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the 420 Property Service as part of any effort to compete with 420 Property, including without limitation using the 420 Property Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential 420 Property customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the 420 Property Service. Customer shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy 420 Property products, services or information; decompile, decode or reverse engineer 420 Property software; or use 420 Property products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory, or other illegal purposes.
Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. 420 Property is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
Nature of Customer’s Business:
If Customer or an Affiliate of Customer owns properties and intends to market them directly via the public 420 Property marketplace such Customer represents to 420 Property that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
SUBSCRIPTIONS AND PAID SERVICES
Once you have completed any applicable free trial period or exceeded any limits described on the applicable Pricing Schedule (the “Pricing Schedule”), you will be subject to fees in accordance with any applicable Pricing Schedule. Applicable fees will be billed monthly or your pre-paid account will be debited monthly for the Service, even if you are not actively using the Service. The applicable Pricing Schedule is subject to change at any time in 420 Property’s sole discretion, and if you do not agree to any such changes, you should contact us to cancel your account. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the applicable Pricing Schedule, but you are responsible for reviewing the applicable Pricing Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. You acknowledge and agree that our measurements are the definitive measurements for payment due and owed hereunder. 420 Property’s most recent Pricing Schedule can be found at: http://www.420Property.com/pricing/
Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under this Agreement must be submitted to us in writing to Support@420Property.com within 60 days of the date such charges are incurred. You agree to waive all disputes not brought within the 60 day period, and all such charges will be final and not subject to challenge.
Customer agrees to pay for all products ordered through the 420 Property website or via the 420 Property sales team using the payment method indicated, and provides 420 Property express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of 420 Property products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, 420 Property may immediately cease to provide any and all Deliverables to the customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At 420 Property’s option, Customer shall pay such taxes or fees directly or pay to 420 Property any such taxes or fees immediately upon invoicing by 420 Property. 420 Property is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit My Account. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.
Monthly subscriptions and or/ paid advertisement fees will automatically renew using the Customer’s current PayPal and/or credit card account number unless Customer or 420 Property cancels their subscription three (3) days prior to the renewal date. Customer cancellations shall be made by emailing deleting your paid advertisements or by emailing Support@420property.com. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer’s email account on record with 420 Property.
If Customer has a question about a cancellation, Customer should contact 420 Property Client Services at Support@420Property.com. 420 Property reserves the right to change its fees or billing methods at any time. 420 Property will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide 420 Property with any contact or billing information changes or updates (including phone number, email address, credit card numbers, PayPal information, etc.). Account updates should be made online via the “My Account” tab within the “My 420 Property” section, once Customer has logged into www.420Property.com.
The Customer must notify 420 Property about any billing problems or discrepancies within 90 days after charges first appear on their Account Statement. If it is not brought to 420 Property’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Unsolicited Commercial Email (SPAM):
420 Property prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the services that 420 Property offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Customer agrees to send email only to those who have given Customer consent or with whom Customer has an established business relationship. 420 Property has the right to revoke the privileges of any customer, user, or entity that breaches these terms.
420 Property reserves the right to terminate or suspend a Customer’s membership and or services upon a good faith determination of a violation of this Agreement or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of 420 Property services, nonpayment of fees owed by you in connection with 420 Property or its affiliates’ services, account inactivity or technical or security issues. Upon termination, 420 Property shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant:
420 Property retains all rights (including Intellectual Property Rights as defined below), title and interest in the 420 Property Website and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of 420 Property’s technology or delete or alter author attributes or copyright notices. Customer shall use the 420 Property system solely for their own individual use and shall not share passwords with others or allow others to use the 420 Property system under or through that Customer’s login ID/email and password; nor shall Customer use the 420 Property system to list properties or conduct searches on behalf of other non-customer brokerage, research, analyst, sales or other similar personnel.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification:
IN NO EVENT SHALL 420 PROPERTY BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF 420 PROPERTY’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and 420 Property’s entire liability under this Agreement shall be a refund to Customer of the fees paid to 420 Property hereunder, and in no event will 420 Property’s liability for any reason exceed such fee. 420 Property (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify 420 Property (and 420 Property’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE PROPERTY AND PROFESSIONAL LISTINGS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. 420 PROPERTY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS AND PROFESSIONAL PROFILES, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND 420 PROPERTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NO INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES’ OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. 420 PROPERTY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO 420 PROPERTY’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM 420 PROPERTY’S WEBSITE, INCLUDING PROPERTY AND PROFESSIONAL LISTINGS ARE ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 420 PROPERTY OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Cannabis– produced and used medicinally or recreationally is regulated differently in each state and municipality. Customer agrees that 420 Property makes no guarantee or assumptions of its legality from a state perspective. Prior to opening or purchasing a cannabis-based business or entering into a real estate or financing transaction where cannabis is involved, 420 Property recommends that you consult a local legal specialist that is knowledgeable in the local legalities with regard to cannabis.
Cannabis use, production, and distribution are still considered illegal to according to the Federal Government.
Maps and Directions Disclaimer:
The maps and directions information provided by 420 Property have been obtained from sources believed reliable. While 420 Property does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. Customer assumes all risk of use. Neither 420 Property nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Customer’s use of and/or reliance on Customer’s use of 420 Property’s information, products or services.
Links to Third Party Sites:
Other Rights of 420 Property:
Customer agrees that 420 Property shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by 420 Property customers and partners including but not limited to social media websites. 420 Property shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. 420 Property shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. 420 Property reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on 420 Property’s corporate website, located at http://www.420Property.com.
If you believe that your work has been copied onto 420 Property in a way that constitutes copyright infringement, please provide 420 Property’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying 420 Property that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on 420 Property, with identifying information for the listing, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Complaints can be emailed to support@420Property.com
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
Any Customer who identifies himself or herself as a Professional on the 420 Property website hereby represents and warrants that Customer is validly licensed as required by law either and is in compliance with applicable requirements in all jurisdictions in which Customer is required to be licensed. 420 Property may, in its sole discretion, but without any obligation to verify the licensure of such individual and remove from the list any Customer whom the Company believes is not a licensed in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed. 420 Property does not and shall not have any obligation to independently verify the licensure of individuals identified as a Professional on the website. It is your responsibility to confirm the licensed status of any professional listed on the 420 Property website.
Governing Law; Customer Right to Arbitrate:
This Agreement, and the Deliverables provided by 420 Property, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Sacramento County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Should 420 Property file or threaten to file a judicial action against Customer alleging violation of 420 Property’s intellectual property rights or violation of use provisions of this Agreement, Customer may elect to resolve 420 Property’s claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in Sacramento County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of 420 Property’s filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent 420 Property from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
Should 420 Property file or threaten to file a judicial action against Customer alleging violation of 420 Property’s intellectual property rights or violation of use provisions of this Agreement as they pertain to Premium Lister or Premium Searcher products, Customer may elect to resolve 420 Property’s claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in San Francisco County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of 420 Property’s filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent 420 Property from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of 420 Property, which retains the right to withhold consent in its sole discretion.
Waiver and Severability:
The failure of 420 Property to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
All notices to 420 Property must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Executive Officer at 420 Property.
Notices shall be sent to the following address:
420 Property, LLC | 420Property.com
PO Box 596
Orangevale, CA 95662
Phone Number: 925-478-9805
E-Mail Address: email@example.com
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
NO APPROVAL OR ENDORSEMENT:
The Cutomer acknowledges that 420 Property does not approve, endorse or sponsor any product or service other than those that are directly affiliated with 420 Property. The Customer will not make any representation that 420 Property approves, endorses or sponsors any of the Customers products or services; however, the customer may state that they are a “420 Property Professional” indicating that they receive paid services from 420 Property. Nothing in this Agreement shall be construed to mean or imply that the Customer has any license to use any 420 Property trademark, service mark, logo or trade name unless otherwise specified in this agreement or in writing.
If 420 Property finds it necessary to proceed with legal or collection actions, the Customer will be responsible legal and/or collection fees.
Last updated: 7/24/2016