Terms of Service
Welcome to ManRealty.com’s websites and mobile applications (this “Site”) provided by Man Investment Group, Inc., a California corporation, CALBRE: 01864766, d/b/a ManRealty.com (“Man Realty,” “we,” “us,” our”). These terms and conditions, including all policies and guidelines referenced herein (these “Terms”) govern your access to and use of this Site and the information, data, content and services available on, in or through the Site (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms as updated from time to time without modification of any kind.
- License to Use; Changes to Terms
Your use of the Services is based on this limited, revocable, non-exclusive and non-sublicensable license to access and use the Services subject to and conditioned upon these Terms. We reserve the right to update or change these Terms at any time, without prior notice. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Each use of the Services by you constitutes a new limited, revocable, non-exclusive and non-sublicensable license and your re-affirmation of these Terms and agreement to be bound by these Terms, including any updates or changes. You are responsible for reviewing these Terms on a regular basis to ensure your compliance.
- Permissible Uses
By using the Services, you agree not to, and will not assist, encourage or enable others to: (a) Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, patent rights, trade secret, trade name, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) Threaten, stalk, harm or harass others, or promote bigotry or discrimination; (c) Promote a business or other commercial venture or event, or otherwise use the Site or Services for commercial purposes, except in connection with buying, selling or leasing residential real estate; (d) Send bulk emails, surveys, or other mass messaging; (e) Engage in keyword spamming or otherwise attempt to manipulate the Site’s search results, the Services or those of any third party website; (f) Solicit personal information from minors, or submit or transmit pornography; (g) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, the Site Content (other than Your Content, each as defined below) or the Services, except as expressly authorized in writing by ManRealty.com; (h) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site, any Site Content or the Services; (i) Reverse engineer any portion of the Site or the Services; (j) Violate these Terms or any applicable law, rule, ruling, court order or regulation; (k) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; (l) Record, process, or mine information about other users; (m) Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database; (n) Reformat or frame any portion of the Site; (o) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Site or the Services; (p) Attempt to gain unauthorized access to the Site, the Services, user accounts, computer systems or networks connected to the Site or the Services through hacking, password mining or any other means; (q) Use the Site or the Services to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; (r) Use any device, software or routine that interferes with the proper working of the Site or the Services, or otherwise attempt to interfere with the proper working of the Site or the Services; (s) Use the Site or the Services to violate the security of any computer network, crack passwords or security encryption codes or disrupt or interfere with the security of, or otherwise cause harm to, the Site, Site Content or the Services; or (t) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site or the Services, features that prevent or restrict the use or copying of the Site, the Site Content or the Services, or features that enforce limitations on the use of the Site or the Services.
- Content and Intellectual Property
(a) “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Our Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from third parties or their users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Our Content.
(b) You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by us. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
(c) We may use Your Content in a number of different ways, including, without limitation, accessing it, storing it, copying it, publicly displaying it, performing it, distributing it, translating it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, otherwise using and exploiting it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). We may also publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements and the manner, mode and extent of such advertising are subject to change in our sole discretion without any specific notice to you. As such, you hereby irrevocably grant us perpetual, world-wide, non-exclusive, royalty-free, sublicensable, and transferable rights to use Your Content and your name, image and likeness for any purpose, including, without limitation, the purposes described above, in any and all media, formats and forms, now known or hereafter devised. You also irrevocably grant us, other users of the Site and the Services and any Other Media the right to access and use Your Content in connection with their use of the Site, the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against us and our users any claims and assertions of moral rights or attribution with respect to Your Content.
(d) Any Content made available on or through the Site or the Services other than Our Content does not necessarily reflect our opinion. We reserve the right to remove, screen, edit, or reinstate such Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
(e) As between you and us, you own Your Content. We own Our Content, including but not limited to visual interfaces, interactive features, graphics, design, data, information, compilation, computer code, products, software, services, aggregate user review ratings, and all other elements and components of the Site and the Services, excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with Our Content, the Site and the Services (“IP Rights”), which are protected by copyright, trade dress, patent, trademark and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content, the Site or the Services in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in, to and under Our Content, the Site and the Services are reserved.
- Representations and Warranties
You represent and warrant to us that: (a) you are over 18 years of age and have the requisite power and authority to enter into these Terms; (b) you have all necessary authority, rights and permissions to submit Your Content and grant the licenses and rights described in these Terms; (c) Your Content is accurate, current and complete, (d) Your Content and your use of the Site and the Services shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of any third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (e) Your Content and your use of the Site and the Services shall not violate any applicable law, court order, rule, or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; and (f) your use of the Site and the Services shall not violate any agreements between you and a third party.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version of these Terms will at all times govern your relationship with us.
- The Role of ManRealty.com
Man Realty is a licensed real estate broker in the State of California but, in the context of the Site, is not acting as a real estate broker, salesperson or agent for you unless you and Man Realty have otherwise signed a written real estate brokerage, sales or agency agreement. When you click on “Connect with the Listing Agent,” we will send an e-mail to the listing agent asking if the listing agent would like to agree to our terms with the listing agent and connect with you. We are not responsible for any communications, information, dealings or transactions, or lack thereof, between you and the listing agent. We do not guarantee, nor are we responsible for, any particular results or consequences related directly or indirectly to your use or non-use of the Site or the Services.
- User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site or the Services. You are responsible for maintaining the confidentiality of your account password and for all activities that occur in connection with your account. We reserve the right to terminate your account at any time for any or no reason. You agree to notify us immediately of any unauthorized use of your account. Your account is for your personal, non-commercial use only and you may not share your account with any other person or entity. You represent and warrant that the information you provide in connection with your account is complete and accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts for any purpose. If you use a pseudonym, note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with us. By creating an account, you agree to receive certain communications from us by e-mail or otherwise in connection with the Site and the Services.
- Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of any third party, (ii) we are under no obligation of confidentiality, express or implied, with respect to such Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense such Feedback.
- Third Parties
(a) You understand and agree that the Site and the Services may include content from or links to websites of third parties (each, a “Third Party Site”). We do not control or endorse any Third Party Site and are not liable or responsible for any acts or omissions of any Third Party Site. You agree that we are not responsible for the availability, functionality, features, communications, dealings, transactions or contents of such Third Party Sites. Your use of any Third Party Sites is at your own risk and solely between you and such Third Party Site. Any communications, dealings or transactions that may occur between you and any Third Party Site is solely between you and such Third Party Site
(b) Some of the Services are provided by or in connection with third parties and may be subject to additional terms imposed by such third parties. Such third party terms are hereby incorporated herein by this reference and, where applicable, links to such third party terms will be posted here.
(c) As between you and any other user, we are under no obligation to monitor other users or enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action against such other user at our sole discretion.
You agree to indemnify, defend, and hold us and our parents, subsidiaries, affiliates, licensors and partners, and the investors, officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “ManRealty Entities”) harmless from and against any and all losses, claims, demands, costs, damages, liabilities, joint and several, expenses of any nature (including attorneys’ fees and legal costs and disbursements), judgments, fines, settlements and other amounts arising from any and all claims, demands, actions, suits or proceedings, whether civil, criminal, administrative or investigative, in which any Man Realty Entity was involved or may be involved, or threatened to be involved, as a party or otherwise, arising out of, relating to or incidental to (i) your access to or use of the Site, (ii) your violation of these Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any other person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify or defend us or hold us harmless and you agree to cooperate with our defense of these matters. You agree not to settle any matter for which you are required to indemnify or defend us or hold us harmless without our prior written consent and we will use reasonable efforts to notify you of any such matter upon becoming aware of it.
- DISCLAIMERS, LIMITATION OF LIABILITY AND RELEASE
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE MAN REALTY ENTITIES.
(A) THE SITE AND THE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE MAN REALTY ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, UPTIME OR RELIABILITY OF THE SITE OR THE SERVICES OR THE SAFETY, SECURITY OR CONTENT OF THE SITE OR THE SERVICES. THE MAN REALTY ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OR CONDITIONS (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) REGARDING THE ACCURACY, SUFFICIENCY, AUTHENTICITY, SAFETY, SECURITY, VALUE, RELEVANCE, DEPENDABILITY OF ANY DATA OR INFORMATION AVAILABLE THROUGH THE SITE OR THE SERVICES, AND (3) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION, DATA OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE MANREALTY.COM ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
(B) THE MAN REALTY ENTITIES ARE NOT AND WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INDICENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MAN REALTY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES), THAT MIGHT ARISE FROM YOUR USE OF THE SITE OR THE SERVICES, WHETHER SUCH LOSS OR DAMAGES ARE BASED ON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER CAUSE OF ACTION.
(C) THE MAN REALTY ENTITIES MAKE NO PROMISES, REPRESENTATIONS OR WARRANTIES AND WILL BEAR NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY USER OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USER CONTENT, THIRD PARTY CONTENT, OR ANY COMMUNICATIONS, DATA, INFORMATION, ACTIONS, DEALINGS OR TRANSACTIONS OF OR PROVIDED BY USER OR OTHER THIRD PARTY. THE MAN REALTY ENTITIES DO NOT INTEND THE SITE OR THE SERVICES TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR SEEKING AND ARE ADVISED TO SEEK SUCH PROFESSIONAL ADVICE IN CONNECTION WITH ANY PRODUCTS OR SERVICES OFFERED BY ANY OTHER USER OR OTHER THIRD PARTY AS NECESSARY. YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED BY OTHER USERS OR OTHER THIRD PARTIES THROUGH THE SITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
(D) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN THE CASE OF ANY DISSATISFACTION, LOSS, DAMAGE OR OTHER GRIEVANCE IN CONNECTION WITH THE SITE OR THE SERVICES SHALL BE YOUR TERMINATION AND DISCONTINUATION OF YOUR ACCESS OR USE OF THE SITE AND THE SERVICES.
(E) YOU HEREBY RELEASE THE MAN REALTY ENTITIES FROM ANY AND ALL LIABILITY RELATED TO ANY AND ALL losses, claims, demands, costs, damages, liabilities, expenses of any nature (including attorneys’ fees and legal costs and disbursements), judgments, fines, settlements and other amounts YOU MAY ASSERT AGAINST ANY OTHER USER OR OTHER THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES. If you are a California resident, you waive California Civil Code Section 1542, which states, “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.”
- Electronic Signatures
By using the Site or the Services, you agree that you may be bound by electronic signature under the Electronic Signatures Global and National Commerce Act of 2000 (the “E-Sign Act”) and that your submittal of any assent or agreement through the Site or the Services complies with the E-Sign Act.
- Digital Millennium Copyright Act
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including its location on the site;
- Your address, phone number, and email address so that we may contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, under penalty of perjury, that (a) the information in the notification is accurate, and (b) you are the owner of the copyright or other intellectual property or authorized to act on behalf of the owner.
Our copyright agent for notice of claims of copyright or other intellectual property infringement may be reached in the following ways: (a) by mail: Attn: Copyright Agent; ManRealty.com; 119 South Atlantic Blvd., Suite 303; Monterey Park, CA 91754; (b) by phone: (626) 872-0608; and (c) by e-mail: te**@ma*******.com.
- Choice of Law and Venue
These Terms shall be governed by California law without regard to its conflict of law provisions. Each party consents to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California for the purposes of any arbitration, action, suit or proceeding arising out of, relating to or in connection with these Terms, the Site or the Services and waives any objection to venue therein and any defense based on forum non conveniens or similar theories.
- Termination; Survival
- General Terms
(a) These Terms and any other provisions referenced or incorporated herein contain the entire agreement between you and us regarding the use of the Site and the Services, and supersede any and all prior or contemporaneous communications, agreements or understandings between you and us on such subject matter.
(b) Any failure on our part to exercise or enforce any of our rights or remedies under these Terms, at law or in equity does not and shall not constitute a waiver of such right or remedy. No waiver of any rights or remedies by us shall be effective unless expressly set forth in a written document signed by us. Our failure party to exercise or enforce any right or remedy shall not be deemed a waiver of any further rights or remedies.
(c) If any provision of the Terms is found to be unenforceable or invalid, that provision shall, if possible, be interpreted to reflect the original provision as closely as possible without being unenforceable or invalid or, if not possible, be limited or eliminated to the minimum extent necessary for such provision and the remainder of these Terms to remain in valid and enforceable.
(d) These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
(e) The section titles in these Terms are for convenience only and have no legal or contractual effect.
term of use