Terms and Conditions
This is a legal agreement ("Agreement") between you and CleanOffer, Inc., dba as CleanOffer. Please read
the Agreement carefully before registering for the CleanOffer service. By registering for CleanOffer,
you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions
of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the
terms, please do not register for the CleanOffer service. The terms are subject to change at any time
and you are responsible to periodically review the agreement and any amendments, modifications or
supplements thereto for possible changes.
Your membership may be terminated by you or CleanOffer at any time, for any reason, effective upon
receipt of written notice from the other party. CleanOffer does reserve the right to immediately
suspend or terminate your access to the CleanOffer service, without notice, upon any breach of this
Agreement by you, which is brought to CleanOffer's attention. CleanOffer does not issue refunds or
credit of any sort for any unused time on the service, no matter the cause or reason.
Your membership in the CleanOffer service is for your sole, personal use. You may not authorize others
to use your membership, and you may not assign or transfer your account to any other person or entity.
AS A MEMBER, YOU AGREE THAT:
You are solely legally responsible and liable to CleanOffer and to third parties for the content and
the accuracy of information you publish or display (hereinafter, "post") on the CleanOffer service and
for your interactions with other CleanOffer Members. CleanOffer reserves the right, but has no obligation,
to monitor issues or disputes between you and other Members.
You will use the CleanOffer service in a manner consistent with any and all applicable laws and
regulations. You will not engage in listing, or solicitation of, properties through the Service for
which you have not received permission to do so. You will not post any material unrelated to the
purchase or sale of a residence. For example, you will not post photos or materials of a sexual or
"adult" nature. CleanOffer reserves the right, but has no obligation, to reject or delete any material
that does not comply with the foregoing.
You are aware that you will receive and agree to accept periodic emails from CleanOffer, after
registering or enrolled in the service, and these emails will be viewed as informational only
and will not be viewed as "spam" emails. You agree that you will not make a claim against CleanOffer
for the receipt of such informative emails.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior consent of the owner of such proprietary
rights and will defend and indemnify CleanOffer with respect thereto.
You will not post on the CleanOffer service, or transmit to other CleanOffer Members or Employees,
any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening,
harassing, racially offensive, or illegal material, or any material that infringes or violates another
party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
ACCESS TO PERSONAL DATA BY REAL ESTATE AGENTS
You acknowledge that inherent in the CleanOffer
concept is the ability of your chosen real estate agent to access and use information you have
posted on our site for the purpose of assisting you in the purchase or sale of a home. For example,
a real estate agent will have access, among other things, to how many times you have logged onto
the CleanOffer service, the homes that you have viewed and saved in your personal folder, your
e-mail address and other information of value to the agent in assisting in the purchase or sale
of homes. You agree that such information from your personal folder, including, without limitation,
your e-mail address may be provided to your selected registered real estate agent(s).
CleanOffer does not represent any buyers, sellers, real estate sales agents or real
estate brokers. The company simply acts as a re-distributor of information. Opinions, advice,
statements, offers, or other information or content made available through the CleanOffer service
are those of Agents, Brokers or the local Multiple Listing Service (MLS) and their respective
authors, and not of CleanOffer. Such authors are solely responsible for such content and CleanOffer
disclaims any and all liability with respect thereto. CleanOffer does not guarantee the accuracy,
completeness, or usefulness of any information on the service and neither adopts, endorses nor is
responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no
circumstances will CleanOffer be responsible for any loss or damage resulting from anyone's reliance
on information or other content posted on the CleanOffer service, or transmitted to CleanOffer members.
INDEMNITY BY MEMBER; COVENANT NOT TO SUE
You will defend, indemnify, and hold harmless CleanOffer,
its officers, directors, employees, agents and third parties, for any losses, costs, liabilities
and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the
CleanOffer service, including any breach by you of the terms of this Agreement. You further covenant
not to sue or make any claim against CleanOffer arising out of any information you obtain through
CleanOffer, or your use of such information, including, without limitation, loss or injury arising
from the acts of any third parties.
WARNING - PLEASE READ:
It is possible that other CleanOffer Members or users (including unauthorized
users, or "hackers") may post or transmit inappropriate materials on the CleanOffer service and that
you may be involuntarily exposed to such materials. It also is possible for others to obtain personal
information about you due to your use of the CleanOffer service, and that the recipient may use such
information to harass or injure you. You understand and agree that CleanOffer is not responsible for
the use of any personal information that you may choose to disclose as result of the Service.
CleanOffer owns and retains proprietary rights in the CleanOffer service. The
Service contains the copyrighted material, trademarks, and other proprietary information of CleanOffer
and its licensors. In addition, other Members may post copyrighted information, which has copyright
protection whether or not it is identified as copyrighted. Except for that information which is in
the public domain or for which you have been given permission, you will not copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary information.
INFORMATION SUPPLIED BY MEMBER
Subject to the Warning set forth above regarding unauthorized third
party use, CleanOffer will keep confidential all information supplied by you to CleanOffer, including
credit card number(s) or other financial information, and shall use or disclose such information only
for the purposes for which such information was collected, or as required by law. By posting information
or content to any public area of CleanOffer, you automatically grant, and you represent and warrant
that you have the unrestricted legal right to grant, to CleanOffer and to other CleanOffer Members an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and
distribute such information and content.
To resolve a complaint regarding the CleanOffer service, you should first contact CleanOffer
Client Services at firstname.lastname@example.org or (415) 240-4533.
In California, you may also contact the
Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs
at 400 R Street, Suite 1080, Sacramento, CA 95814, (800) 952-5210.
DISCLAIMER OF WARRANTY
CleanOffer provides the CleanOffer service on an "as is" basis and grants no
warranties of any kind, express, implied, statutory, in any communication with CleanOffer or makes
its representatives, or otherwise with respect to the service. CleanOffer specifically disclaims any
implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
CleanOffer does not warrant that your use of the CleanOffer service will be secure, uninterrupted,
always available, or error-free, or will meet your requirements.
LIMITATION OF LIABILITY
In no event will CleanOffer be liable (i) to you for any incidental,
consequential, or indirect damages (including, but not limited to, damages for loss of data, loss
of programs, loss of profits, cost of procurement of substitute services or service interruptions)
arising out of the use of or inability to use the CleanOffer service, even if CleanOffer or its
agents or representatives know or have been advised of the possibility of such damages or (ii) to
any person other than you. Notwithstanding anything to the contrary contained herein, CleanOffer's
liability to you for any cause whatsoever, and regardless of the form of the action, will at all
times be limited to the amount paid, if any, by you to CleanOffer for the service during the term
In addition, CleanOffer disclaims all liability, regardless of the form of action, for the acts or
omissions of other members or users (including unauthorized users, or "hackers") of the CleanOffer
STATE BY STATE VARIATIONS
Certain jurisdictions limit the applicability of warranty disclaimers and
limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You agree that California law (regardless of conflicts of law principles)
shall govern this Agreement, and that any dispute arising out of or relating to this Agreement
shall be subject to the federal and state courts located with the boundaries of the U.S. District
Court, Northern District of California. This Agreement, the contents of which are accepted and agreed
to by you automatically and immediately upon your registration for the CleanOffer service, contains
the entire agreement between you and CleanOffer, regarding the use of the Service. This Agreement
may be amended upon unilateral notice from CleanOffer to you or by a writing signed by you and an
authorized official of CleanOffer. Unless otherwise explicitly stated, the Terms will survive
termination of your membership to the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted
material without a license, express consent, valid defense or fair use exemption to do so. In
particular, users who submit User Content to this Site, whether articles, images, stories, software
or other copyrightable material, must ensure that the content they upload does not infringe the
copyrights nor other rights of third parties (such as privacy or publicity rights). After notification
by the copyright holder or its agent to us of a claimed infringement, we will terminate the infringing
users' rights to use and/or access to this Site. We may also in our sole discretion decide to terminate
a user's rights to use or access to the Site prior to that time if we have a good faith belief that the
alleged infringement has occurred.
If you believe that your copyright has been infringed through the use of this Site, please contact
our Customer Care team at email@example.com
or mail to: CleanOffer, Inc., 101 California, Suite 2450, San Francisco, CA 94111.