Terms of Service
This Terms of Service Agreement (this “Agreement”) is a binding agreement between you and Yardsworth Inc. and its affiliated companies (collectively, “Yardsworth,” “we,” “us,” or “our”) providing the terms and conditions for your use of our Services.
By “Services,” we mean all the products and services owned and operated by Yardsworth, including the content, features, data, and software made available through www.yardsworth.com (the “Web Site”), our mobile applications, and other websites or applications we operate.
This Agreement contains warranty and liability disclaimers.
We may modify this Agreement from time to time and will post the amended agreement at www.yardsworth.com/terms. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.
1. General Terms
1.1 Using Our Services
1.1.1 General Requirements
By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services.
Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not meet this criteria, you agree to immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.
1.1.2 Registered Users
We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.
You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at email@example.com of any actual or suspected unauthorized use of your account.
Yardsworth grants to you a limited, non-exclusive, non-transferable license to access and use our Services in accordance with the terms and conditions set forth in this Agreement. Yardsworth reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not expressly permitted under this Agreement is strictly prohibited.
You agree not to sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
1.1.4 Copyrights, Trademarks and Other Intellectual Property
The intellectual property rights in all content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of Yardsworth or licensed to us by third-party providers (collectively, our “Content”).
You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.
You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:
Yardsworth, c/o Legal Team1110 N Virgil Ave #92422Los Angeles, CA 90029Email: firstname.lastname@example.org
To find out what to include in the notice, click here to read the DMCA.
1.1.6 Other Restrictions
You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services.
You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services.
1.2.1 No Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YARDSWORTH, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
1.2.2 Assumption of Risk
YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
ADDITIONALLY, YOU VISIT YARDSWORTH’S REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “PREMISES”) AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PREMISES.
1.2.3 Not a Legal or Professional Advisor
You acknowledge and agree that Yardsworth is not engaged in rendering legal, tax or other professional services. If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought. You further acknowledge and agree that Yardsworth is not engaged in rendering real estate or construction/development services, and is not a real estate broker, agent, advisor, or contractor. If real estate or construction/development services are required, the services of a competent professional should be sought.
1.3 Limitation of Liability
You agree that neither Yardsworth, nor its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, special, punitive, direct or indirect), injury, claim, liability or other cause of action based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, computer virus, system failure, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services. Additionally, you agree that Yardsworth is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Yardsworth, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of Yardsworth. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
1.5 Governing Law
This Agreement will be governed by the laws of the state of California, without regard to its provisions relating to conflict of laws.
Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by Yardsworth of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Yardsworth.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Yardsworth.
1.7 Consent to be Contacted; Notices
If you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that we may record or monitor telephone calls for quality assurance.
If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
2. Service-Specific Terms
Certain terms and conditions are specific to certain of our Services. We’ve broken those out below.
2.1 Invitations to Request an Offer
An Offer Preview, Preliminary Offer, and Estimated Offer, are estimates of a Yardsworth Offer (see 2.2.1 below). These estimates are not appraisals. They are invitations for you to request a Yardsworth Offer.
These estimates are calculated using publicly-available information and Yardsworth’s proprietary valuation model. It typically takes into account hundreds of data sets related to your home and its location.
2.2 Selling to Yardsworth
2.2.1 Yardsworth Offers
A Yardsworth Offer is an offer by Yardsworth to purchase a portion of a home’s land (a lot). You will be eligible to receive a Yardsworth Offer after you provide us with information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, (iii) the home meets our current land-buying parameters, which may change from time to time for a given service area under our sole discretion and (iv) we have had an opportunity to assess your property.
A Yardsworth Offer is not an appraisal. It is the purchase price Yardsworth is willing to pay for a portion of your land, subject to additional terms, conditions, and fees outlined in the offer.
In the event that Yardsworth makes you an offer on your land, Yardsworth is not acting as your real estate agent or broker; nor does Yardsworth represent you in any capacity as a seller. Yardsworth is merely acting as, or on behalf of, a purchaser of real estate. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the Yardsworth Offer.
2.4 Buying a Yardsworth Property
2.4.1 As-Is Conveyance
If you contract to purchase a home from Yardsworth (“Seller”), you (“Buyer”) agree to the following additional terms and conditions regarding your purchase of the lot or home (the “Property”). In the event of any conflict with the terms of the Purchase and Sale Contract (“Purchase Contract”) governing the purchase of the Property, the Purchase Contract shall prevail.
Seller has provided Buyer with an opportunity to inspect the Property, and strongly encourages Buyer to seek an inspection on the Property by a licensed home inspector. Buyer further recognizes Seller has not resided in the Property and has limited knowledge thereof. Accordingly, to the fullest extent permitted by law and under the terms of the Purchase Contract:
BUYER AGREES THAT BUYER IS ACQUIRING THE PROPERTY ON AN “AS IS, AND WITH ALL FAULTS BASIS” WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION OR VALUE OF THE PROPERTY, THE PRESENCE OF HAZARDOUS SUBSTANCES IN OR NEAR THE PROPERTY, OR EXPENSES ASSOCIATED WITH THE PROPERTY.
BUYER WAIVES ANY IMPLIED WARRANTY AS TO BUILDABILITY, HABITABILITY AND/OR, ANY IMPLIED WARRANTY AS TO THE WORKMANSHIP OF ANY REPAIRS OR MODIFICATIONS PERFORMED ON THE PROPERTY.
BUYER AGREES IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN PROFESSIONAL COUNSEL OF ITS CHOOSING, AND IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE PURCHASE CONTRACT AND PURCHASING THE PROPERTY.
BUYER WILL CONDUCT SUCH INSPECTIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY AND, IF BUYER ELECTS TO PURCHASE THE PROPERTY, AND AGREES TO ASSUME THE RISK OF ANY ADVERSE CONDITIONS, INCLUDING ADVERSE CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY SUCH INSPECTIONS.
2.5 Current Yardsworth Promotions
Please note that, from time to time, we may advertise estimates of what customers can receive pursuant to a given Yardsworth promotion. However, the final amounts you will receive, if eligible, will depend on factors like the final price of the home you buy or sell, as well as other associated costs like agent commissions. Consult with your Yardsworth representative for more details as to how these promotions apply to your home sale or purchase. Unless otherwise stated, Yardsworth promotions may not be combined.
This Agreement was last modified on September 26, 2023.
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