Welcome to www.buyersellerconnections.com (the “Website”).  Please read these Terms and Conditions carefully before using the Website.  By accessing or using the Website, you agree to be bound by these Terms and Conditions.  The provision of information and services on this Website is subject to your agreement to the Terms and Conditions below.

Scope

These Terms and Conditions apply to your use of our Website.  The Website is owned and operated by Jessyka Soto, a California real estate agent (DRE License Number 01868652), doing business as Buyer Seller Connections (“Buyer Seller Connections”).  Buyer Seller Connections may have or develop other websites that are governed by different terms and conditions.

THE WEBSITE DOES NOT AND IS NOT INTENDED TO PROVIDE FINANCIAL OR REAL ESTATE ADVICE.  If you need further assistance or advice from a real estate agent, please contact Jessyka Soto at info@buyersellerconnections.com.

Binding Agreement

These Terms and Conditions are a legally binding agreement.  “You” and “your” refer to an individual who is registered with or accessed the Website.  You represent that you have the full right, power, and authority to enter into and perform these Terms and Conditions without the consent of any third party.

Services

The services provided on the Website include (1) the listing of residential properties for potential sale in Santa Cruz, California or surrounding areas; (2) the listing of buyer preferences as they relate to properties in Santa Cruz, California or surrounding areas; and (3) communication between potential buyers and sellers using Buyer Seller Connections as the intermediary (the “Services”).  You may only connect to the Service through your Account (as defined below) and in accordance with our access procedures.

Use of Services

You may register, maintain, and create an account on this Website (“Account”).  You are responsible and liable for all activities conducted in connection with your Account, and the accuracy of all information relating thereto, including contact information and your login credentials.  You will promptly update any Account information when it changes and notify us of any unauthorized use of your Account, including any security or data breach.  By providing us with your email address you consent to us sending you Service-related notices.

Availability of Properties and Purchase Criteria

Reference to any property or purchase criteria on the Website does not constitute an offer to sell or supply that property or purchase criteria.  Specific advice concerning the availability and suitability of any particular property or offer should be sought before purchase.  Jessyka Soto is licensed in California only.  All properties and Services are intended for California Users.  Accordingly, Properties or Services described or listed on this Website may not be available in all states.  Properties or Services are not available outside of the United States.

Content

The information provided on this Website has been provided by the users of this Website (“Users”).  It should not be relied on for any specific purpose and no representation or warranty is given in regard to its accuracy or completeness.  This Website should not be considered error-free or as a comprehensive source of all information on a particular topic.  Buyer Seller Connections makes no warranties or representations as to the accuracy of the content of the Website and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this Website.  Your use of the Website is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and the Buyer Seller Connections Website.  You assume the entire risk of loss in using this Website and materials contained in the Website.

Features and specifications of products or Services described or depicted on the Website are subject to change at any time without notice.

User Representations

As a User of the Website and/or the Services, you represent as follows:

  • You are 18 years of age or older.
  • You have not previously been suspended or removed from accessing the Website or the Services.
  • You may be required to register for an Account to access the Services.  You will provide accurate and up-to-date contact information, including email address and other contact information.  You are solely responsible for maintaining the confidentiality of your Account and password, and you are responsible for all actions taken with your Account. You may not share your Account(s) with others.
  • By using the Website and the Services, you consent to receive communications from Buyer Seller Connections, including but not limited to, marketing communications, communications from interested Buyers or Sellers (as defined below), and communications regarding potential real estate broker or agent services.
  • In the event that a real property transaction will occur as the result of the Website and/or its Services, you will contact Buyer Seller Connections at info@buyersellerconnections.com.
  • Your use of the Website and the Services are strictly limited by these Terms and Conditions, the Privacy Policy, and any applicable law.  Any unauthorized use of the Website or the Services may result in suspension or removal of your Account and/or access to the Website and the Services.
  • You will not use the Website or the Services to attempt to collect personally identifiable information from other Users.
  • You will not attempt to communicate with other Users for any purpose outside of those described in these Terms and Conditions.  Buyer Seller Connections will be the intermediary for all communications between Users.  Buyer Seller Communications reserves the right, in its sole discretion, to assess User communications and refuse to deliver any communications it deems inappropriate, harassing, or unwanted.

Seller Representations

Users who are prospective property sellers in the greater Santa Cruz, California area (the “Sellers”) may request that their properties be listed on this Website.  In such an event, the Sellers represent that:

  • As the Seller, you own the property you request to be listed on the Website.
  • You are interested in selling the property.  If, for any reason, you decide that you are no longer interested in selling the property, you will request the removal of the property from the Website.
  • By using the Website and the Services, you indicate your intent to use Jessyka Soto as your listing agent in the event that a sale of your property is agreed upon with a User of the Website and/or the Services.  In such an event, you will enter into a written agreement with Jessyka Soto for the sale of the property, which includes broker fees.
  • If you enter into a listing agreement with a broker or agent other than Jessyka Soto, you will immediately request the removal of the property from the Website.
  • All descriptions, representations, or other information you provide regarding the property are accurate, including but not limited to, attributes and photographs of the property.
  • You own all intellectual property rights to any and all photographs or other document uploaded to the Website.
  • You will not negotiate or engage with a Buyer from this Website for the sale of your property without either (a) communicating through this Website or (b) after entering into a listing agreement with Jessyka Soto.
  • If you would prefer more traditional real estate services, including but not limited to, listing your property on the MLS, holding open houses, staging of the property, etc., you will consider using Jessyka Soto as your listing agent.

Buyer Representations

Users who are prospective property buyers interested in properties in the greater Santa Cruz, California area (the “Buyers”) may make an Account to view details of the properties listed on the Website.  The Purchasers represent that:

  • You are not represented by a real estate broker or agent for the purchase of real property.
  • By using the Website and the Services, you indicate your intent to use Jessyka Soto as your buying agent in the event that a sale of your property is agreed upon with a User of the Website and/or the Services.  In such an event, you will enter into a written agreement with Jessyka Soto for the sale of the property, which includes broker fees.
  • You will not attempt to contact any Seller outside of the Website and its Services or attempt to visit the properties listed on the Website without prior permission from the Seller.
  • If you would prefer more traditional real estate services, including but not limited to, locating and assessing properties other than those listed on the Website, offering to purchase properties, etc., you will consider using Jessyka Soto as your real estate broker.

Real Estate Broker or Agent Representations

Users who are real estate brokers or agents (the “Brokers”) may make an Account to view the properties listed on the Website.  The Brokers represent that:

  • You acknowledge that the Website and Services were developed as a marketing tool for Buyer Seller Connections and Jessyka Soto and not as a service intended for the use of other real estate brokers or agents.
  • You acknowledge that significant resources were invested to develop the Website and its Services.  Accordingly, you acknowledge that you are not entitled to receive broker fees for sales or purchases that were based on the use of the Website or the Services.  If you refer a Buyer or Seller to Buyer Seller Connections and there is a resulting sale or purchase, you may receive a referral fee based on a prior written agreement between you and Jessyka Soto.

Prohibited Uses

By using the Services, you agree not to:

  • Reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services;
  • Use the Services in any way that is unlawful, or harms Buyer Seller Connections, its service providers, suppliers, or any other User;
  • Distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
  • Impersonate another person or misrepresent your affiliation with another person or entity;
  • Upload invalid data, viruses, worms, or other software agents to the Services;
  • Interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Buyer Seller Connections may use to prevent or restrict access to the Services;
  • Conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
  • Access or use any of the Services to develop competitive products or services; or
  • Attempt to, or permit or encourage any third party to, do any of the above.

Copyright, Trademarks and other Intellectual Property

Copyright, trademark, patent, and other applicable laws protect the Services and materials appearing on the Website.  All materials on the Website may be accessed, downloaded, or printed for the purpose of furthering your use of the Services.  No other use of these materials may be made without express written permission from Buyer Seller Connections.  Any unauthorized use of the words or images on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.  The Website includes material that is derived in whole or in part from materials that are copyrighted, including the format and layout of the Website.

None of the names, trademarks, service marks, and logos of Buyer Seller Connections appearing on this Website may be used in any capacity, including but not limited to indicating Buyer Seller Connections’ sponsorship of or affiliation with any product or service, without express written permission of Buyer Seller Connections.  Nothing contained on the Website should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on the Website without the express written permission of Buyer Seller Connections or the third-party owner of the trademark, if any.  This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

User-Generated Content

Portions of the Services may allow Users to upload or otherwise provide to Buyer Seller Connections images, photos, video, data, text, listings, and other content (“User Materials”).  By uploading or otherwise providing User Materials to the Services, you grant Buyer Seller Connections an irrevocable, perpetual, royalty-free, worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media.  Buyer Seller Connections may remove or modify your User Materials at any time.

You are solely responsible for all User Materials made through your User Account(s) or that you otherwise make available through the Services.  For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Buyer Seller Connections and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.

Buyer Seller Connections is under no obligation to edit or control User Materials and will not be in any way responsible or liable for any User Materials.  Buyer Seller Connections may, however, at any time and without prior notice, remove, edit, or block any User Materials on the Services that in Buyer Seller Connections’ sole judgment violate these Terms and Conditions or are otherwise objectionable.  Buyer Seller Connections may also screen all User Materials before the User Materials are posted on the Website.

Digital Millennium Copyright Act

Buyer Seller Connections respects the intellectual property rights of others, and asks that everyone using the Services do the same.  Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Buyer Seller Connections at info@buyersellerconnections.com.

Right to Change Terms and Conditions

Buyer Seller Connections may, at any time and from time to time, change these Terms and Conditions.  Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the Website.  You agree to review these Terms and Conditions periodically, and your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.

Fees

There are no fees associated with your use of the Website and the Services.  However, if a real estate transaction develops based on your use of the Website and the Services, broker fees will accrue for Buyer Seller Connections.

Linked Sites

While browsing this Website you may be offered links to other websites.  This does not indicate that Buyer Seller Connections is associated with any of these other sites or their Sellers.  While it is the intention of Buyer Seller Connections that you should find these other sites of interest, neither Buyer Seller Connections, its affiliates, nor its respective directors, officers, employees, or agents shall have any responsibility or liability of any nature whatsoever for these other sites or any information contained in them, none of which have been verified or endorsed by Buyer Seller Connections.

Other Buyer Seller Connections websites may be governed by separate, specific Terms and Conditions and Privacy Policies.  Upon your entry to another Buyer Seller Connections website, you should carefully read the Terms and Conditions and Privacy Policies governing such website.

Disclaimer of Warranties

All content on or accessible from this Website is provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  The use of this Website is at your own risk.  Buyer Seller Connections does not warrant that the content available on this Website or the Website itself is free of errors.  Buyer Seller Connections expressly disclaims any obligation to update the content on this Website.  Buyer Seller Connections does not warrant that the content of this Website is free of viruses or other harmful properties.

Limitation of Liability

The use of this Website is at your own risk.  To the fullest extent permitted by applicable law, under no circumstance shall Buyer Seller Connections, its subsidiaries and affiliates, and its respective directors, officers, employees, agents, successors, and assigns, be liable to any User of this Website or any other person or entity for any direct, indirect, special, incidental, consequential, or exemplary damages, including without limitation, damages for loss of profits, revenue or data, or other losses or damages of any kind whatsoever arising out of the use or inability to use this Website or any content contained thereon, whether based upon warranty, negligence, contract, tort, strict liability, or otherwise, even if Buyer Seller Connections has been advised of the possibility of such damages or losses.

Indemnification

By using this Website, you hereby release, and agree to indemnify and hold harmless Buyer Seller Connections, its subsidiaries and affiliates, and its respective directors, officers, employees, agents, successors, and assigns from any and all liabilities, damages, costs, and expenses, including actual attorneys’ fees, arising out of your use or inability to use this Website or its Services.

Severability

If any part of these Terms and Conditions is found to be unlawful, void, or unenforceable for any reason, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Applicable Law

These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions shall be construed in accordance with the laws of the State of California without regard to any principles of conflicts of law.  Any dispute between Buyer Seller Connections and you related to these Terms and Conditions shall be resolved exclusively by the state courts in Santa Cruz, California or the federal courts of the Northern District of California.

Privacy Policy

The Buyer Seller Connections Privacy Policy is available on this Website and is incorporated by reference in these Terms & Conditions.  By accessing and using this Website, you agree to the terms of the Buyer Seller Connections Privacy Policy.  You should read the Privacy Policy carefully.

General

These Terms and Conditions constitute the entire agreement between you and Buyer Seller Connections with respect to your use of and access to the Website and the Services.  Any failure by Buyer Seller Connections to exercise or enforce any provision or right under these Terms and Conditions does not constitute a waiver of that provision.  Any rights not expressly granted in these Terms and Conditions are reserved.

Jessyka Soto and you may choose to enter into an agreement regarding the listing, sale, or purchase of residential property.  If any conflict between these Terms and Conditions and any separate written agreement shall occur, the separate written agreement shall control.

Contacting Us

If you have any questions regarding these Terms and Conditions, you may contact us at info@buyersellerconnections.com.

Effective Date: 04/17/2020