USE OF WEBSITE
We control and operate this Web Site. All Content on this Web Site, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by Us or Our affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the “Providers”) that have licensed their content or the right to market their products and/or services to Us. Content on this Web Site or any Web site owned, operated, licensed or controlled by the Providers is solely for Your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content. You may download a single copy of any Content contained on this Web Site, solely for Your personal, non-commercial use, consistent with these Terms, provided that You maintain all copyright and other notices contained in such Content. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Us or the Providers.
Disclaimer of Warranties:
The service, including all content and information made available through the service, is provided on an “as is” basis. To the fullest extent permitted by law, TR Davis, Inc. makes no representations or warranties of any kind with respect to the service or any content or information made available through the service. TR Davis, Inc., expressly disclaimed all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any implied warranty arising from course of dealing or usage of trade.
TR Davis, Inc. does not represent or warrant that the service will meet your requirements or that it will always be available, accessible, uninterrupted, timely, secure, or operate without error.
TR Davis, Inc. does not represent or warrant that the information or displayed on the service will be as represented by owners, available for rental, lawful to rent, safe to rent, or that owner or renters will perform as promised.
TR Davis, Inc. makes no representations or warranties regarding any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of TR Davis, Inc To the full extent permissible under applicable law, tr davis, inc disclaims any and all such warranties.
Limitation of Liability:
In no event will TR Davis, Inc., its officers, directors, employees, agents, or affiliates be liable for any damages of any kind, including without limitation lost profits, direct, indirect, incidental, punitive, or consequential damages, arising out of or in connection with the service, this agreement, any breach of the terms of this agreement by any third party, any owner content, death or bodily injury, emotional distress, property damage, and/or any other damages resulting from any actual or attempted transaction between owners and renters, or the inability to use the service, even if we have been advised of the possibility of such damages.
Because TR Davis, Inc. is not involved in transactions between owners and renters, if a dispute arises between an owner and renter, the owner and renter each release TR Davis, Inc., its officers, directors, employees and agents from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Your sole and exclusive remedy against us for any dispute or claim with or against us or another user of the service with respect to these terms or the service is to discontinue using the site. In all events, TR Davis, Inc.’s liability to you or any third party in any circumstance arising out of or in connection with the service is limited to the greater of (a) the amount of fees you have paid to tr davis, inc in the twelve months prior to the action giving rise to liability, or (b) $100.00 in the aggregate for all claims.
You agree to indemnify, defend, and hold harmless TR Davis, Inc., its officers, directors, employees, and agents from and against any and all claims, losses, costs, liabilities, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) in connection with any Claim that arises out of or relates to (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, (ii) any transaction entered into by you as an Owner or Renter, (iii) any actual or alleged infringement of any intellectual property or proprietary rights of any third party, or (iv) any inaccurate or untruthful information provided by you or made available through the Service. “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
TR Davis, Inc. may, in its sole discretion, terminate this Agreement, your Service subscription, or any property advertisement for any reason whatsoever and without notice. Your license of rights to TR Davis, Inc., and the Disclaimer of Warranties, Limitation of Liability, Indemnification and General Conditions sections of this Agreement shall survive such termination.
SAN DIEGO ASSOCIATION OF REALTORS – BRE # 01935104
THOMAS R DAVIS – REALTOR