Terms & Conditions
Welcome to Purplebricks.com. This website and the Purplebricks’ Systems (as defined below) (the "Sites"), together with the services provided through the Sites (collectively the Sites and services are the "Services") are owned and operated by Purplebricks Inc, 400 Spectrum Center Drive, Suite 360, Irvine, California 92618 ("Purplebricks").
PLEASE NOTE: THIS AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 29). PLEASE READ THESE TERMS CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 29) AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.
From time to time, it may become necessary to amend the Terms & Conditions. Any such changes will be posted on Purplebricks.com. You agree to be bound by such changes if you should continue to use the Services.
If you want to list your home with a Purplebricks Local Real Estate Expert, or buy a home with a Purplebricks Local Real Estate Expert, you will need to enter into a listing agreement or buyer agreement to become a Purplebricks Customer; these agreements are not addressed within.
There are rules and standards that you must abide by in connection with your use of the Systems. This is for the protection of all Users.
Purplebricks has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your Account, Purplebricks password or identifying information, violate these Terms, Purplebricks may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that Purplebricks deems necessary or appropriate. Purplebricks is not required to provide notice prior to terminate your right to use the Systems for violating these Terms, but it may choose to do so.
- Who can Use the Purplebricks Services. You must be: 1) at least the age of majority in the state where you live to use the Services, and 2) a resident of the United States. If you are under 18 years old, do not use the Services.
- to use the Services only for your personal use or for commercial uses intended only for your personal benefit;
- that you are entering a lawful consumer-broker relationship with Purplebricks as defined by applicable state law;
- you have a bona fide interest in the purchase, sale, or lease of real estate on the Purplebricks website, and;
- that you will not copy, redistribute or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
- No Copying, Distributing or Creating Derivative Works. You agree not to copy, distribute, display or create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. You also agree not to remove or modify any copyright or other intellectual property notices that appear in the Services.
- No Scrubbing or Scraping. Publicly available search engine providers may crawl or query the Services only for the purpose of creating an index with links to the Services’ web pages to generate web search engine results. All other automated queries of the Services (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) is strictly prohibited, unless you have received express written permission from Purplebricks.
- No Right to Reproduce. Except as expressly stated herein, this Agreement does not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise.
Purplebricks offers the Services in multiple formats, including through applications built using the Purplebricks platform (“Purplebricks Systems”). Examples of Purplebricks Systems include its mobile applications. You acknowledge you are responsible for all charges and necessary permissions related to accessing Purplebricks and its Services through your mobile access provider.
BY USING THE SYSTEMS, YOU AGREE TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST PURPLEBRICKS, AND TO HOLD PURPLEBRICKS HARMLESS AND INDEMNIFY PURPLEBRICKS WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY PURPLEBRICKS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. THIS MEANS THAT YOU CANNOT SUE PURPLEBRICKS OR RECOVER ANY DAMAGES WHATSOEVER FROM PURPLEBRICKS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PURPLEBRICKS’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Claims of Copyright Infringement & Related Issues (17 U.S.C. § 512 et seq.)
Purplebricks respects the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify PB Inc’ agent by providing the following information:
- Identification of the copyrighted work that you claim has 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 the site;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation. Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
- A physical or electronic signature of the poster;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
400 Spectrum Center Drive, Suite 360
Irvine, CA 92618
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This information should not be construed as legal advice. PB Inc recommends that you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office.
Purplebricks may send you notices with respect to the Systems by sending an e-mail message to the email address listed in your Purplebricks Account or by sending a letter via postal mail to the contact address listed in your Purplebricks Account.
You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, as a User of the Systems, and Purplebricks.
If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Purplebricks failure to enforce any right or provisions in the Terms will not constitute a waiver of such provision, or any other provision of the Terms.
The personal information which you give to Purplebricks when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained in Purplebricks records in the United Kingdom. If you do not consent to this transfer, do not accept these terms and conditions.
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a Purplebricks password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.
In order to take advantage of the Online Platform you will need to register on www.purplebricks.com.
You must provide accurate information about yourself and agree to our verification process. We will as part of that process take details of your IP address. By registering with Purplebricks you give us express permission to do so. Once registration is complete we will open you an Account free of charge, which will give you access to the Online Platform.
You agree that you will NOT use the Systems to:
- upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another User, a Purplebricks employee, or otherwise misrepresent your affiliation with a person or entity (Purplebricks reserves the right to reject or block any Purplebricks ID or e-mail address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity); We may report such activity to, and cooperate with, the relevant authorities;
- engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Systems (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Systems (including accessing the Systems through any automated means, like scripts or web crawlers), or any servers or networks connected to the Systems, or any policies, requirements or regulations of networks connected to the Systems (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other Users of the Systems to be used in connection with any of the foregoing prohibited activities.
You further agree:
- not to reveal your Account information to anyone;
- that you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Purplebricks of any security breach;
- that the Products and Services are designed and intended for personal use on an individual basis and you should not share your Account information and/or password details with other individuals and/or corporate bodies;
- that provided we have exercised reasonable skill and due care, Purplebricks shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules;
- Purplebricks will never ask you to reveal your account password either verbally or in writing;
- to provide accurate and complete information when you register with, and as you use the Systems and you agree to update your account information to keep it accurate and complete.
- that failure to provide accurate, current and complete Account information and data may result in the suspension and/or termination of your Account and/or Products and Services (without refund or part credit of fees paid).
- that you shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
- that you are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.
You acknowledge that Purplebricks is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Purplebricks reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
Purplebricks reserves the right to take steps Purplebricks believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Purplebricks may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Purplebricks believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Purplebricks, its Users, a third party, or the public as required or permitted by law; or (e) enter into a joint venture with or sell or merge our business with another business entity.
As part of the process of using the Systems certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, attorney, third-party real estate agent, third party web portals and such others as Purplebricks deems necessary to enable them to provide the Systems or Service. By agreeing to these Terms you agree and accept that such information can be disclosed.
Purplebricks will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to the attorneys, title company and/or closing and escrow company acting on either or both sides of the transaction. By agreeing to these Terms you agree to allow us to do so.
Purplebricks will need to disclose the name, address, contact details, proposed purchase address, the amount the property is being sold/purchased for and any conditions of sale in relation to both the Seller and the Purchaser to any Broker, Real Estate Agent, Local Real Estate Expert involved in the transaction. By agreeing to these Terms you agree to allow us to do so.
We receive listings from multiple sources including MLSs. Information from these sources is deemed reliable but is not guaranteed. By using the Services, you agree to abide by the terms and conditions set forth by each provider, as indicated in the disclaimer below each listing and within our MLS Disclosures. Further, you agree not to copy, scrape, harvest, resell, or in any way use the MLS-provided content shown on the Services for any purpose other than conducting property searches for your own personal, non-commercial use, and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. If you are an authorized MLS participant or MLS representative, you are authorized to access the Services to verify compliance with the applicable MLS rules, as specified in the MLS rules.
Purplebricks does not claim ownership of the materials and/or Content you submit or make available on the Systems. However, by submitting or posting such Content on areas of the Systems that are accessible by the public or other Users with whom you consent to share such Content, you grant Purplebricks a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Systems solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Systems that are accessible by the public or other Users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.
You understand that in order to provide the Systems and make your Content available thereon, Purplebricks may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license permits Purplebricks to take any such actions.
Purplebricks, the Purplebricks logo and other Purplebricks trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of Purplebricks, including the intellectual property rights of the Purplebricks brand. Other trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Product(s) or Software. The name of Purplebricks or the Purplebricks logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without prior written permission. You are not authorized to use our logo as a hyperlink to this Website unless you obtain our written permission in advance.
You acknowledge and agree that Purplebricks and/or its licensors own all legal right, title and interest in and to the Systems, including but not limited to graphics, User interface, the scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to you as a part of and/or in connection with the Systems, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Systems (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Systems in compliance with this Agreement. No portion of the Systems may be reproduced in any form or by any means, except as expressly permitted in these Terms.
Purplebricks grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Purplebricks as a part of the Systems and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Systems in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
THE USE OF THE SYSTEMS OR ANY PART OF THE SYSTEMS, EXCEPT FOR USE OF THE SYSTEMS AS PERMITTED IN THE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
For purposes of responding to you and providing you with information and notices about the Services (such as information about homes you might be interested in), you agree that Purplebricks may communicate with you, including through automated systems such as an automatic telephone dialing or text messaging system, using the contact information associated with your Purplebricks account or Purplebricks Systems, including your device ID, email, mobile number, telephone, and any postal address you provided. Please review your Account Preferences or settings on your mobile device to control what kind of messages you receive from Purplebricks. Purplebricks has no liability arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making those or similar requests, you authorize Purplebricks to share your personal information including your contact information, home search history, favorites and saved searches, with a real estate professional (a Purplebricks Local Real Estate Expert or staff member, or a Partner Agent). When you make such a request to Purplebricks you are extending an express invitation for Purplebricks, or another appropriate entity or person, to contact you. A Partner Agent is employed by or works with another brokerage and is not a representative or employee of Purplebricks. Purplebricks is not responsible for the work performed or the services provided by Partner Agents in any manner. Purplebricks will only send you text messages relating to your account or your use of the Services for which you registered. Purplebricks will not send you text messages for telemarketing purposes without receiving your prior express consent through a separate written agreement.
Purplebricks is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the United States. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
- Trademarks.Purplebricks, the Purplebricks logos and other Purplebricks trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Purplebricks in the United States and/or other countries. Other trademarks and logos used in connection with Purplebricks may be the trademarks of their respective owners.
- Other Intellectual Property.Purplebricks also owns trade secrets and know-how that contribute to the functionality of the Services.
- Restrictions.Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use (or misuse) of the Services or any of their components. You may not use any meta-tags or other hidden text using the Purplebricks name or trademarks without our specific permission. We may revoke your permission to access and use the Sites or Services, and we may block or prevent you from accessing the Sites or Services, in our sole discretion without notice. If you violate this Agreement, your permission to access and use the Sites or Services is automatically revoked.
- Reservation of Rights.Except for the limited license granted above, Purplebricks reserves all of its intellectual property rights in the Sites and Services. This Agreement does not grant you any right or license with respect to any trademarks and logos.
- Information Aggregation.Purplebricks is not responsible for any errors in displayed information or delays in displaying information. All information provided on the Services is either transmitted to Purplebricks from other entities or persons or was obtained through publicly available sources.
To the fullest extent permissible under applicable law, you agree to indemnify Purplebricks and hold Purplebricks harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by your failure to comply with this Agreement and/or any activity in which you engage on the Purplebricks Sites or using the Purplebricks Services.
PURPLEBRICKS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. PURPLEBRICKS DOES NOT CONTROL OR VET THIRD-PARTY GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PURPLEBRICKS AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY PURPLEBRICKS OR ANYTHING RELATED TO PURPLEBRICKS OR ITS SERVICES, YOU MAY DEACTIVATE YOUR PURPLEBRICKS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. PURPLEBRICKS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER THIRD-PARTY CONTENT) SENT THROUGH PURPLEBRICKS TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. PURPLEBRICKS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, PURPLEBRICKS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. PURPLEBRICKS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PURPLEBRICKS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PURPLEBRICKS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL PURPLEBRICKS OR ANY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST PURPLEBRICKS OR ITS SUPPLIERS WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
IN NO CASE SHALL PURPLEBRICKS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SYSTEMS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SYSTEMS.
You release Purplebricks, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of 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."
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim arising between you and Purplebricks (each a “Claim” and collectively “Claims”), you and Purplebricks agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your personal home address, with an email copy to the email address you have provided to Purplebricks. Purplebricks’s address for such notices is: Purplebricks Legal Department, 400 Spectrum Center Drive, Suite 360, Irvine CA 92618. . If necessary to preserve a Claim under any applicable statute of limitations, you or Purplebricks may initiate arbitration while engaging in the informal negotiations.
- Binding Arbitration and Class Action Waiver.It is hereby acknowledged and agreed that this Section 14 is governed, in all respects, both procedurally and substantively, by the Federal Arbitration Act. You and Purplebricks agree to submit to mandatory binding arbitration any and all Claims that may be compelled to arbitration under this Agreement as a matter of applicable law. Claims covered by this Section 14 include all claims under any federal, state, or local laws, except individual claims brought in small claims court as described below.
Further, except as noted below, to the fullest extent permitted by law, you and Purplebricks agree that no class, collective, aggregate, or representative actions can be asserted in arbitration, litigation, or otherwise (“Class Action Waiver”). All Claims must be brought solely in your or Purplebricks’s individual capacity, and not as a plaintiff or class member in any purported class, representative, aggregated, or collective proceeding.
SUBJECT TO THE ABOVE THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS COVERED BY THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, COLLECTIVE, AGGREGATE, OR REPRESENTATIVE ACTION PERTAINING TO ANY SUCH CLAIMS BETWEEN THEM.
If the Class Action Waiver, or any other provision of this Section 14 requiring that Claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular Claim, then that Claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that happens, however, the arbitration provisions in this Section 14 will still be fully enforceable as to all other Claims, which must be resolved in arbitration on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, which the parties will jointly request to be stayed pending the conclusion of arbitration.
Nothing in this Section 14 precludes any party from filing or participating in administrative proceedings before state or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a Claim in court, the party must do the same before submitting a Claim to arbitration under this Agreement. Upon receipt of a right-to-sue letter or similar administrative determination, however, the Claim can only be resolved in individual arbitration pursuant to the terms of this Agreement.
This Section 14 also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This Section 14 further does not prevent any party from filing any Claim that otherwise qualifies in small claims court on an individual basis.
- Equitable Remedies.Except for individual Claims brought in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or Purplebricks, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual Claim. To the extent that you or Purplebricks prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.
- Rules and Logistics Governing Arbitration.The arbitration shall be conducted through JAMS before a single neutral arbitrator mutually selected by the parties, or, if they cannot agree, pursuant to JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The arbitrator shall also have the sole and exclusive authority to determine the enforceability, interpretation, and implementation of this Agreement, as well as the arbitrability of disputes under this Agreement, except that the enforceability and interpretation of the Class Action Waiver shall be decided solely by a court of law having jurisdiction over the issue. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based.
Each party will pay the fees for his, her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. When initially filing an arbitration with JAMS you will be required to pay a $250 filing fee (or the then-current JAMS filing fee). If you cannot afford this fee, Purplebricks will reimburse you for it. Purplebricks will pay any other costs unique to arbitration, including the arbitrator’s fees.
A demand for arbitration must be in writing and delivered by hand or first class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to Purplebricks’s Legal Department, 400 Spectrum Center Drive, Suite 360, Irvine, CA 92618. Any demand for arbitration made by Purplebricks shall be provided to the last address on file with Purplebricks. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
In arbitration, the parties will attempt to agree on the procedural rules to be used to govern the arbitration proceeding to the extent such rules are not already set out in this Agreement, subject to approval by the arbitrator. If the parties cannot reach such an agreement, JAMS Rules shall apply. In all cases, the parties shall have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, consistent with the expedited nature of arbitration, and any disputes in this regard shall be resolved by the arbitrator. In all cases, you may choose to have the arbitration proceeding conducted in the jurisdiction in which you reside, at another mutually agreed upon location, or entirely by phone.
Within 30 days of the close of the arbitration hearing, any party will have the right to prepare, serve on the other party and file with the arbitrator a brief. The arbitrator may award any party any remedy to which that party is entitled under applicable law, but, to the extent permitted by applicable law, such remedies shall be limited to those that would be available to a party in his, her or its individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to a party in his, her or its individual capacity in a court of law will be forfeited by virtue of this Agreement. The arbitrator will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the arbitrator, or as necessary to confirm or enforce the arbitrator’s award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. A court of competent jurisdiction shall have the authority to enter a judgment upon the award made pursuant to the arbitration.
- Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
- Notices You may contact us here. Or via mail or courier at: Purplebricks Inc. ATTN: Legal Department, 400 Spectrum Center Drive, Suite 360, Irvine, CA 92618.
- Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Purplebricks regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or receive certain Purplebricks services.
- No Waiver Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
- Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any other purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.
- Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
THE LAWS OF THE STATE OF NEW YORK WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF NEW YORK IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Purplebricks is not authorized to do business in every jurisdiction. Information published on this Website may contain references or cross-references to goods or services that are not available in your state or country.
For further information, or inquiries about this Agreement, please contact:
Purplebricks Realty Inc.
400 Spectrum Center Drive, Suite 360, Irvine, CA 92618
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOURCOPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive
Notification of Claimed Infringement:
Full Address of Designated Agent to
Which Notification Should be Sent:
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent:
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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;
- 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; and
- 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.
Before proceeding to view the content made available through the Services, you must acknowledge:
- You are entering into a lawful consumer-broker relationship with Purplebricks as defined by applicable state law. You have no obligation to work with Purplebricks and you can terminate your account with Purplebricks any time. Any information you obtain from the Purplebricks website is intended for your personal, non-commercial use.
- You have a bona fide interest in the purchase, sale, or lease of real estate on the Purplebricks website.
- You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
- You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS's copyright to such data.
- Purplebricks also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access Purplebricks's website for the purposes of verifying compliance with MLS rules and monitoring the display of participants' listings on Purplebricks's site.
Purplebricks receives the homes for sale from many listing sources. The following disclaimers apply to listings only from that particular data source.
Central Jersey MLS® (CJMLS)
- The data relating to real estate for sale on this web-site comes in part from the Internet Listing Display database of the CENTRAL JERSEY MULTIPLE LISTING SYSTEM,INC. Real estate listings held by brokerage firms other than this site-owner are marked with the ILD logo. The CENTRAL JERSEY MULTIPLE LISTING SYSTEM, INC does not warrant the accuracy, quality, reliability, suitability, completeness, usefulness or effectiveness of any information provided.
- The information being provided is for consumers' personal, non-commercial use and may not be used for any purpose other than to identify properties the consumer may be interested in purchasing or renting.
- Copyright 2018, CENTRAL JERSEY MULTIPLE LISTING SYSTEM, INC. All rights reserved. The CENTRAL JERSEY MULTIPLE LISTING SYSTEM, INC retains all rights, title and interest in and to its trademarks, service marks and copyrighted material.
Last updated: Dec 03, 2018 11:52 AM
Garden State MLS® (GSMLS)
The data relating to real estate for sale on this website comes in part from the IDX Program of Garden State Multiple Listing Service, L.L.C. Real estate listings held by other brokerage firms are marked as IDX Listing. The dissemination of listings on this website does not constitute the consent required by N.J.A.C. 11:5.6.1 (n) for the advertisement of listings exclusively for sale by another broker. Any such consent must be obtained in writing from the listing broker. Information deemed reliable but not guaranteed. This information is being provided for Consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties Consumers may be interested in purchasing.
© 2018 Garden State Multiple Listing Service, L.L.C. All rights reserved.
California Regional Multiple Listing Service, Inc.® (CRMLS)
Information is provided by California Regional Multiple Listing Service, Inc. (CRMLS). Information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Listing(s) information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Copyright © 2017 California Regional Multiple Listing Service, Inc. All rights reserved.
Big Bear Association of REALTORS® (BBAOR)
Information is provided by Big Bear Association of REALTORS®, Inc. MLS. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase.
Greater Antelope Valley Association of REALTORS® (GAVAR)
Information is provided by GAVAR. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase.
High Desert Association of REALTORS® (HDAR)
Information is provided by High Desert Association of REALTORS®. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase.
Ojai Valley Association of REALTORS® (OVBR)
Information is provided by Ojai Valley Association of REALTORS®. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase.
Rim O' The World Association of REALTORS® (RIM)
Information is provided by Rim O' The World Association of REALTORS®. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase.