PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective Date: July 1, 2019
Welcome to Persqm Properties. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications. If you have any questions, comments, or concerns regarding these terms or the Services, please contact send us a message.
These Terms of Use (the “Terms”) are a binding contract between you and Persqm Properties (“PSQM,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. You’re using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
Will these Terms ever change?
Although most changes are likely to be minor, Persqm Properties may change its Privacy Policy from time to time, and in Persqm Properties’ sole discretion. Persqm Properties encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
What are the basics of using PERSQM PROPERTIES?
You may be required to sign up for an account, and select a password and user name (“PERSQM PROPERTIES User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your PERSQM PROPERTIES User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including PERSQM PROPERTIES);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your PERSQM PROPERTIES account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
If you are a real estate agent, you are welcome to use the Services but you agree not to publicly post your contact information or website address or otherwise promote your services on or through the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in PERSQM PROPERTIES?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including PERSQM PROPERTIES’s) rights. You understand that PERSQM PROPERTIES owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to PERSQM PROPERTIES or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users.
For all User Submissions, you hereby grant PERSQM PROPERTIES a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal PERSQM PROPERTIES account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant PERSQM PROPERTIES the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant PERSQM PROPERTIES the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant PERSQM PROPERTIES the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all PERSQM PROPERTIES users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services for any purpose. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that PERSQM PROPERTIES, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. PERSQM PROPERTIES may remove or modify your User Submission at any time for any (or no) reason.
The Services may contain links or connections to (or may otherwise integrate) third party websites or services that are not owned or controlled by PERSQM PROPERTIES. When you access third party websites or use third party services within the Services, you accept that there are risks in doing so, and that PERSQM PROPERTIES is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms of use and privacy policy of each third party website or service that you visit or utilize. The Services may allow certain individuals to list themselves as attorneys that may represent you in connection with a real estate transaction conducted through PERSQM PROPERTIES. These individuals are not affiliated with PERSQM PROPERTIES and PERSQM PROPERTIES neither endorses nor verifies such individuals in any manner (including, without limitation, with respect to their credentials, expertise, experience, or licenses).
PERSQM PROPERTIES has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, services, or practices of or opinions expressed in any third party websites or by any third party that you interact with through or in connection with the Services (including, without limitation, escrow services or attorneys). In addition, PERSQM PROPERTIES will not and cannot monitor, verify, censor or edit the content of any third party site or service. Further, by using the Services you acknowledge that information appearing on the Services is either transmitted to PERSQM PROPERTIES from other entities or persons or was obtained through publicly available government sources, and, accordingly has not been verified by PERSQM PROPERTIES. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service and/or from any errors in information displayed on the Services.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that PERSQM PROPERTIES shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings (including, without limitation, for any reviews or comments made about you on the Services by other users). You agree that PERSQM PROPERTIES has no obligation to remove any reviews or other information posted on the Services about you or any other person or entity.
PERSQM PROPERTIES shall have no liability arising from your failure to maintain accurate contact or other information in your user account.
If there is a dispute between participants on this site, or between users and any third party, you agree that PERSQM PROPERTIES is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release PERSQM PROPERTIES, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Will Persqm Properties ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What terms apply to listing a property with PERSQM PROPERTIES or buying a property listed with PERSQM PROPERTIES?
You may choose to engage PERSQM PROPERTIES as your listing agent for selling certain property. Prior to engaging PERSQM PROPERTIES as your listing agent, you will be required to execute an Authority to Sell detailing the terms and cost of such engagement as provided to you by PERSQM PROPERTIES. PERSQM PROPERTIES will not act as your listing agent until such document is fully executed by you and PERSQM PROPERTIES. PERSQM PROPERTIES reserves the right to refuse to act as your listing agent for any or no reason.
If you are buying property from a seller represented by PERSQM PROPERTIES then you hereby (i) acknowledge and agree that PERSQM PROPERTIES will not pay any sales commission to any agent representing you in connection with such purchase; and (ii) agree to indemnify and hold PERSQM PROPERTIES harmless against any and all claims that PERSQM PROPERTIES is required to pay or share any sales commission in connection with the purchase or sale of such property.
What if I want to stop using PERSQM PROPERTIES?
You’re free to do that at any time, by contacting us; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
PERSQM PROPERTIES is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. PERSQM PROPERTIES has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
For clarity, deletion of your account or cessation of your use of the Services does not terminate any Engagement Agreement.
What else do I need to know?
Warranty Disclaimer. Neither PERSQM PROPERTIES nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from PERSQM PROPERTIES or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY PERSQM PROPERTIES (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PERSQM PROPERTIES (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO PERSQM PROPERTIES IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold PERSQM PROPERTIES, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of any claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).