Introduction and Agreement. This website is owned and operated by Whorton Real Estate, Inc. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service. Click here to review the Site's Privacy Policy.

Site Content. All information and content available on this Site is protected by copyright and other intellectual property laws. The Content is owned by Whorton Real Estate, Inc., its Affiliates, and/or their respective licensors and suppliers. The Content is intended for personal and non-commercial use only. While you may interact with or download a single copy of any portion of the content for your personal and non-commercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Whorton Real Estate, Inc. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to Permissions, Whorton Real Estate, Inc., 2301 Walnut Blvd, Walnut Creek, CA? 94597.

Referral Service. The Site offers users interested in buying or selling a property with the ability to connect with a local real estate broker or agent in the areas they specify and, in the case of potential sellers, to obtain a home valuation or consultation. In providing this Service, Whorton Real Estate, Inc. merely acts to connect home buyers or sellers with Real Estate Partners, and is not engaged in the business of buying, selling, or appraising real estate or representing buyers or sellers in the purchase or sale of real estate and it is not licensed to do so. While Whorton Real Estate, Inc. seeks confirmation from each Real Estate Partner that it is licensed and qualified to provide Real Estate Services and will promptly respond to any inquiry from Whorton Real Estate, Inc. users, Whorton Real Estate, Inc. does not and cannot represent, warrant, or guarantee: (a) that any Real Estate Partner is licensed or qualified to provide Real Estate Services, (b) the performance, outcome or quality of any Real Estate Services provided by any Real Estate Partner, (c) that any Real Estate Partner will promptly and professionally respond to any inquiry submitted through the Site or other correspondence, (d) that any home valuation provided by a Real Estate Partner is current, accurate, or complete, or (e) that any Real Estate Partner will meet your needs.

Copyrights and Copyright Agents. It is the policy of Whorton Real Estate, Inc. to respond to claims of intellectual property infringement. Whorton Real Estate, Inc. will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Site:
Whorton Real Estate, Inc., 2301 Walnut Blvd, Walnut Creek, CA? 94597, USA

To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks. You acknowledge that the Content includes certain trademarks and service marks owned by Whorton Real Estate, Inc., Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks and service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "OpenHouseGuide.com¡± name and logo are trademarks of Whorton Real Estate, Inc. Other product and company names herein may be trademarks of their respective owners.

Software. All software, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by Whorton Real Estate, Inc. and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, modification, publication, display, or other use of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted by law.

Linking. If you operate a website and wish to link to the Site, you must link to the Site's home page unless permission otherwise has been granted in writing by Whorton Real Estate, Inc. Whorton Real Estate, Inc. reserves the right to reject or terminate any links to the Content or the Site.

User Content. By submitting ads, content, photos, data or other materials to the Site, you hereby grant to Whorton Real Estate, Inc. and its Affiliates a royalty-free, perpetual, irrevocable, non-exclusive, fully transferable, fully sublicense able right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Whorton Real Estate, Inc. and its Affiliates a royalty-free right and license to use your name, image and likeness in advertising and in connection with the reproduction or distribution of the Materials.

Whorton Real Estate, Inc. Rights. Given the nature of the Site and the volume of postings, Whorton Real Estate, Inc. cannot and does not monitor the Materials posted or transmitted by you and other third-party information providers. You expressly agree that Whorton Real Estate, Inc.: (a) will not be liable for such Materials and (b) reserves the right to delete, move or edit any Materials at any time for any reason, without liability and without providing a refund.

Unsolicited Materials. Whorton Real Estate, Inc. does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media. Whorton Real Estate, Inc. and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Whorton Real Estate, Inc. or the Site.

Representations/Indemnity. You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation, including but not limited to, any automobile advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify, and hold Whorton Real Estate, Inc., its Affiliates, and the Licensors, and their respective officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, or expenses, including attorneys' fees, arising from: (w) the use or distribution of the Materials you provide, (x) your use of the Site or any reliance on the Content, (y) your breach of these Terms of Service, or (z) any actual, prospective, or terminated sale or other transaction between you and a third party.

Prohibited Activities. The following is a partial list of the kinds of activities that are prohibited on or through the Site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging activity or submitting Materials that harass or advocate harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to Whorton Real Estate, Inc. users or others; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that display pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes, (k) using any robot, spider, other automatic device, or manual process to monitor or copy web pages or the Content contained in the Site or for any other unauthorized purpose without our prior expressed written permission; (l) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (m) decompiling, reverse engineering, or disassembling the Software; or (n) taking any action that imposes an unreasonable or disproportionately large load on Whorton Real Estate, Inc.'s hardware or software infrastructure.

Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. Whorton Real Estate, Inc., ITS AFFILIATES, AND THEIR RESPECTIVE THIRD PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, REFERRAL SERVICE, MATERIALS SUBMITTED BY USERS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT AND THE REFERRAL SERVICE ARE PROVIDED ON AN 'AS IS, AS AVAILABLE¡± BASIS AND Whorton Real Estate, Inc., ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF NON-INFRINGEMENT. Whorton Real Estate, Inc. AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE REFERRAL SERVICE, ANY HOME VALUATION, OR ANY INFORMATION ON THE SITE. Whorton Real Estate, Inc. CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY HOME VALUATION OR ANY INFORMATION ON THE SITE. Whorton Real Estate, Inc. RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, 'THIRD PARTY LICENSOR¡± DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability. Whorton Real Estate, Inc., ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, REFERRAL SERVICE, MATERIALS SUBMITTED BY USERS, THESE TERMS OF SERVICE OR OTHERWISE, WHETHER ARISING FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF Whorton Real Estate, Inc., ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY ($50) DOLLARS. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, 'THIRD PARTY LICENSOR¡± DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.

Termination of Service. You understand and agree that in Whorton Real Estate, Inc.'s sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Whorton Real Estate, Inc. may exercise any other remedy available and remove any Materials, if Whorton Real Estate, Inc. believes that your use of the Site and/or any Materials you provide: (a) violate (i) these Terms of Service, (ii) the rights of Whorton Real Estate, Inc., any Affiliate or Licensor, or another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Whorton Real Estate, Inc. for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that Whorton Real Estate, Inc. post a bond. Whorton Real Estate, Inc. is not required to provide any refund to you if you are terminated as an authorized user of the Site because Whorton Real Estate, Inc., in its sole discretion, determines you have (a) violated (i) these Terms of Service, (ii) the rights of Whorton Real Estate, Inc., any Affiliate or Licensor, or another user of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) engaged in fraudulent activity of any nature.

Miscellaneous. These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Whorton Real Estate, Inc. may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by Whorton Real Estate, Inc. or any Affiliate. Whorton Real Estate, Inc. and its Affiliates are not responsible for the accuracy, security, content, or any modifications of these linked sites. These linked sites are not endorsed or sponsored by Whorton Real Estate, Inc. or its Affiliates. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be filed in the federal or state courts located in Contra Costa, California, within one (1) year after the cause of action arises or the cause is barred. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Whorton Real Estate, Inc. to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. Whorton Real Estate, Inc. is not responsible for any errors or delays in responding to a referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties.

When you register as a real estate agent or realtor, you understand that your contact information such as your name, email, telephone numbers, business address, personal website, corporate website and the address of your listings may be viewed by users and visitors of the Whorton Real Estate, Inc. website. Furthermore, you also understand and agree that the information you have provided is true and you have the proper qualifications and certifications as a realtor in the state which you practice.

Conditions & Disclaimer

Whorton Real Estate, Inc. will not be involved in any realtor-buyer interactions in any location. Whorton Real Estate, Inc. is not responsible for disputes, claims, loss, injury, or damage of ANY KIND that might arise during and after buyer-agent interaction.

This site is provided on an "AS IS" basis and Whorton Real Estate, Inc. disclaims all responsibility for any loss, liability, injury, claim, or damage of any kind resulting from any errors in this website and its content including, but not limited to, typographical and technical errors and inaccuracies. Whorton Real Estate, Inc. disclaims all responsibility with regard to third party websites or their content that might be accessed directly or indirectly through links in this site.