Holly & Chris Luxury Homes

Terms of Use – Holly & Chris Luxury Homes Group

TERMS OF USE

Last updated May 02, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Holly Hatch Sells LLC, doing business as Holly & Chris Luxury Homes Group ("Company," "we," "us," "our"), a company registered in California, United States at 23647 Calabasas Road, Calabasas, CA 91302.

We operate the website http://www.hollyandchrisluxuryhomes.com (the "Site") and any other related products and services that refer or link to these legal terms (collectively, the "Services"). Contact information is listed in Section 26.

These Legal Terms constitute a legally binding agreement between you and Holly Hatch Sells LLC concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to make changes to these Legal Terms at any time and for any reason. We will alert you about changes by updating the "Last updated" date. It is your responsibility to periodically review these Legal Terms. Your continued use of the Services after any revision constitutes your acceptance of the updated terms.

All users who are minors in their jurisdiction (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

Holly & Chris Luxury Homes Group follows the rules of local and national real estate organizations, such as C.A.R. and N.A.R.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws in the United States and around the world. They are provided "AS IS" for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:

  • Access the Services; and
  • Download or print a copy of any portion of the Content to which you have properly gained access.

This license is solely for your personal, non-commercial use or internal business purpose. No part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. To request permission, contact team@hollyandchrisluxuryhomes.com.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions and Contributions

By sending us any question, comment, suggestion, or feedback ("Submissions"), you assign to us all intellectual property rights in that Submission, which we may use for any lawful purpose without compensation to you. For content you post or upload to the Services ("Contributions"), please see Section 6 (User Generated Contributions) and Section 7 (Contribution License) for your rights, obligations, and the license you grant us.

Copyright Infringement

We respect the intellectual property rights of others. If you believe any material on the Services infringes your copyright, please refer to the Copyright Infringements section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity to agree to and comply with these Legal Terms; and (4) you are not a minor, or if a minor, you have received parental permission to use the Services.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine it is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

  • Systematically retrieve data or content from the Services to create a collection, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Disparage, tarnish, or otherwise harm us and/or the Services.
  • Use any information obtained from the Services to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use and enjoyment of the Services.
  • Engage in any automated use of the system, including scripts, data mining, robots, or similar tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit any material that acts as a passive or active information collection or transmission mechanism (e.g., web bugs, cookies, spyware).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents.
  • Attempt to bypass any measures designed to prevent or restrict access to the Services.
  • Copy or adapt the Services' software, including Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services.
  • Use, launch, develop, or distribute any automated system, including spiders, robots, scrapers, or offline readers that access the Services.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email.
  • Use the Services as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise.
  • Sell or otherwise transfer your profile.
  • Use the Services to advertise or offer to sell goods and services.

6. USER GENERATED CONTRIBUTIONS

The Services may invite you to create, submit, post, display, or broadcast content ("Contributions") that may be viewable by other users and through third-party websites. When you create or make available any Contributions, you represent and warrant that:

  • Your Contributions do not infringe the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of, or have the necessary licenses and permissions to use and authorize us to use, your Contributions.
  • You have the written consent of each identifiable individual person in your Contributions to use their name or likeness.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, pyramid schemes, chain letters, spam, or mass mailings.
  • Your Contributions are not obscene, lewd, violent, harassing, libelous, slanderous, or otherwise objectionable.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten any person or promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or applicable law.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to host, use, copy, reproduce, disclose, sell, publish, broadcast, archive, store, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise, in any media format or channel.

This license includes our use of your name, company name, trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions.

We have the right, in our sole discretion, to (1) edit, redact, or otherwise change any Contributions; (2) re-categorize any Contributions; and (3) pre-screen or delete any Contributions at any time and for any reason, without notice.

8. GUIDELINES FOR REVIEWS

When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not reference illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews.

We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us and do not necessarily represent our opinions. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

9. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, and other content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services.

If you decide to leave the Services and access Third-Party Websites, you do so at your own risk, and you should be aware these Legal Terms no longer govern. Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party. We take no responsibility in relation to such purchases.

10. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict, limit, or disable any of your Contributions or any portion thereof; (4) remove files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.

11. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: http://www.hollyandchrisluxuryhomes.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please be advised the Services are hosted in the United States. If you access the Services from any other region with laws governing personal data collection that differ from applicable laws in the United States, your continued use of the Services constitutes your consent to have your data transferred to and processed in the United States.

12. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material on the Services infringes your copyright, you should consider first contacting an attorney.

13. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

15. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

16. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations commence upon written notice from one Party to the other.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA), available at www.adr.org. The arbitration will take place in Los Angeles, California.

If for any reason, a Dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens. In no event shall any Dispute be commenced more than one (1) year after the cause of action arose.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right for any Dispute to be arbitrated on a class-action basis; and (c) there is no right for any Dispute to be brought in a representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect the validity of any intellectual property rights of a Party; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

17. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.

21. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

23. SMS COMMUNICATIONS

SMS Consent

By submitting your phone number through any form on this website, including contact forms, property inquiry forms, or account registration forms, you agree to receive SMS text messages from Holly & Chris Luxury Homes Group related to your real estate inquiries, property showings, transaction updates, and account notifications.

SMS consent is collected through a required checkbox displayed on applicable forms. The checkbox states:

"I consent to receive SMS text messages from Holly & Chris Luxury Homes Group regarding real estate services, appointment reminders, and account notifications. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out or HELP for assistance."

Consent is not a condition of purchase. We do not use purchased or third-party marketing lists.

Message Frequency

Message frequency varies depending on your interaction with our services, but typically ranges from 1 to 5 messages per month.

Opt Out

You may opt out of receiving SMS messages at any time by replying STOP to any message. After you send STOP, you will receive one final message confirming your opt out and no further messages will be sent.

Help

For assistance, reply HELP to any SMS message or contact us at:
team@hollyandchrisluxuryhomes.com
818-836-4114

Message and Data Rates

Message and data rates may apply according to your mobile carrier plan. For additional details, please review our Terms and Privacy Policy.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

26. CONTACT US

To resolve a complaint regarding the Services or receive further information, please contact us at:

Holly Hatch Sells LLC
23647 Calabasas Road
Calabasas, CA 91302
United States
Phone: 818-836-4114
Email: team@hollyandchrisluxuryhomes.com