Gradus Management, Inc.

Terms of Use

By using our web site and any co-branded or derivative sites (collectively, the Sites) you acknowledge that you have read and understood the following Terms of Use (the Terms); you agree to be bound by these Terms of Use and any rules and policies we publish on the Sites; and you certify that you are at least 18 years of age, and that, if you are acting on behalf of another person, you are authorized to do so. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITES.

We, us, our and Gradus means Gradus Management, Inc., including its successors and assigns, and managed entity companies (the Managed Entities) that (1) provide real estate settlement services and (2) has/have posted these Terms of Use on its website. Gradus Management, Inc. is a California corporation located at 2727 Camino Del Rio South, Suite 310, San Diego, CA 92108.

Privacy

We respect and are committed to protecting your privacy. To read our Privacy Notice, please visit: Privacy Policy

Use of the Sites

We grant you a non-transferable, non-exclusive, limited license to use the Sites. You may use the Sites only for lawful purposes. The Sites may not be used by any person or entity in any jurisdiction or country where any such distribution or use would be contrary to local law or regulation.

By accessing or using the Sites, you agree that you will comply with all applicable laws and will not:

1. Copy any portion of the Sites or use any tool, device or process (manual or automatic) to gather, extract, monitor or copy any information contained within the Sites;
2. Access or obtain, or attempt to access or obtain, any personal, nonpublic or confidential information contained within the Site which you are not authorized to obtain;
3. Access or attempt to access any portions of the Sites which are password protected, secure or non-public areas of the Site;
4. Send, expose, disclose, reveal, or share non-public private information through the Sites without the express written consent of the owner of the information;
5. Remove or conceal any proprietary notices from the Sites;
6. Modify, create derivative works, translate, reverse engineer, decompile, hack or disassemble the Sites, including any contents or any other elements contained or offered by the Sites;
7. Use the Sites for the benefit of any third party or in any manner not permitted by the licenses granted herein;
8. Interfere with operation of the Sites;
9. Place any software, code or communication, such as cookies, spyware, robots or viruses, on the Sites;
10. Access, create or modify source code of the Sites in any way;
11. Create, post, display, publish, or distribute any link to any page of the Sites; and
12. Use the Sites to, or in any way that would, violate any applicable local, state, national, or international law, regulation, ordinance or real estate practice having the force of law, including but not limited to the Gramm-Leach-Bliley Act, SB 1386, RESPA, CAN-SPAM, Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

Content

Portions of our Sites allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Sites, including its accuracy, legality, reliability, and appropriateness.

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By posting Content to the Sites, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Sites. You retain any and all of your rights to any Content you submit, post or display on or through the Sites and you are responsible for protecting those rights.

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You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

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Accounts

You may be required to obtain a user account to access certain Sites. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account on our Sites.

You are responsible for safeguarding the username and password (the Credentials) that you use to access the Sites and for any activities or actions under your Credentials, whether your Credentials are with our Sites or third-party Sites.

You agree not to disclose your Credentials to any third party. You are responsible for all uses of your Credentials, including, but not limited to, any transactions conducted through the use of your Credentials, whether or not authorized by you. If you permit any person to use your Credentials, you agree to be solely responsible and to indemnify Gradus for any and all expenses, claims, damages, costs, liability and legal actions arising from the unauthorized use of your Credentials.

You must immediately log off from your account at the end of each session.

If you have an existing account with us, your account may be governed by an account or license agreement. If there is any conflict between these Terms of Use and your account or license agreement, the account or license agreement shall govern.

If you become aware of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Credentials, you must immediately notify us by emailing us at management@gradusmanagement.com.

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Intellectual Property

The Sites and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Gradus Management and its Managed Entities. The Sites are protected by copyright, trademark, and other laws of both the United States and foreign countries. Â Our trademarks and trade dress, including the trademarks and trade dress of all Managed Entities, may not be used in connection with any product or Sites without the prior written consent of Gradus Management.

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Links to Other Web Sites

Our Sites may contain links to third-party web sites or Sites that are not owned or controlled by Gradus. Gradus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or Sites. Â You further acknowledge and agree that Gradus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Sites available on or through any such web sites or Sites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Sites that you visit.

Incidents

If you detect or discover any issues or failures regarding the operation, function, availability or security of the Sites (collectively, Incidents) you must immediately notify us by emailing a description of the Incident to management@gradusmanagement.com.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Sites will immediately cease. If you wish to terminate your account, you may simply discontinue using the Sites. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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Indemnification

You agree to indemnify Gradus and the Managed Entities, and their licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Sites, by you or any person using your Credentials, or b) a breach of these Terms, or c) Content posted on the Sites.

Limitation of Liability

In no event shall Gradus or the Managed Entities, or their directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Sites; (ii) any conduct or content of any third party on the Sites; (iii) any content obtained from the Sites; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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Disclaimer

Your activity on the Sites may be monitored and by entering your Credentials, you signify your consent to such monitoring. Unauthorized use detected may be subject to investigation and reporting to law enforcement and/or civil action.

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Your use of the Sites is at your sole risk. The Sites are provided on an "AS IS" and "AS AVAILABLE" basis. The Sites are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

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Gradus, its Managed Entities, its subsidiaries, affiliates, and its licensors do not warrant that a) the Sites will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Sites are free of viruses or other harmful components; d) the Sites will be operable with all browsers, operating systems, hardware and software; or d) the results of using the Sites will meet your requirements.

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Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, and as applicable, of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Sites, and supersede and replace any prior agreements we might have between us regarding the Sites.

Changes

We may update the Terms of Use at any time and without prior notice to you; however, the most current version of the Terms of Use is available at: Terms of Use

By continuing to access or use our Sites after any revisions to the Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Sites.