For new Users, these Terms are effective on 4/22/21. For existing Users, these Terms are effective the sooner of (i) the date you affirmatively consent to these Terms or (ii) 30 days after the most recent update. Your continued use of the Services following the effective date applicable to you constitutes your acceptance of these updated Terms.
These Terms provide important information to you, including information about your obligations when using the Services, about Content (as defined Section 3.1 below) you access through and contribute to the Services, about your relationship to other visitors to Aalto’s Sites or participants in Aalto’s Services (each, a “User”), and about the limits of our liability to you. By accessing, downloading, or using any portion of the Services, you acknowledge and agree that you have read, understand, and agree to be bound by this Agreement. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself and, as applicable, the entity that you represent).
PLEASE BE AWARE THAT SECTION 16.12 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND AALTO HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST AALTO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
PLEASE BE AWARE THAT SECTION 12 (COMMUNICATIONS FROM AALTO) OF THESE TERMS, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, AND PHONE CALLS.
Who May Use the Services. To access and use the Services, you must be (i) at least eighteen (18) years of age and (ii) a resident of the United States. You represent and warrant that (i) you have the ability to enter into this Agreement and grant all assignments, licenses, and permissions contemplated or contained herein; and (ii) your use of the Services will be in compliance with all applicable laws, regulations, this Agreement, any Aalto policy, and third party policies, if and as applicable to you. If you cannot or will not make such representation, you cannot use the Services.
2.2. Third Party Accounts. To the extent permitted by the function of the Services, you may link your Account with or register your Account using a valid account on a third-party service (each such Account, a “Third-Party Account”). By connecting your Third-Party Accounts, you are allowing Aalto to access your Third-Party Account as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Aalto and/or grant Aalto access to your Third-Party Account (including, but not limited to, for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Aalto to pay any fees or making Aalto subject to any usage limitations imposed by such third-party service providers. Please note that if a Third-Party Account or associated service becomes unavailable or Aalto’s access to such Third-Party Account is terminated by you or by the third-party service provider, then your Account may no longer be available on and through the Services. You have the ability to disable the connection between your Account and your Third-Party Accounts by accessing the applicable account settings page on the Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND AALTO IS NOT LIABLE FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
2.3. Account Responsibilities. You are responsible for all activities that occur under your Account. You agree to immediately notify Aalto of any unauthorized use or suspected unauthorized use, of your Account or any other breach of security. Aalto will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not share your Account or password with anyone. You agree not to use others’ Accounts, nor to permit others to use your Account. You agree not to create an Account or use the Services if you have been previously removed from the Services by Aalto or are otherwise ineligible for the Services. When creating an Account, you may be required to provide your mobile number in order to verify your Account by text message. Please be aware that your Carrier’s text messaging fees apply for mobile number verification.
3. Intellectual Property Rights, License and Ownership.
3.1. Aalto Intellectual Property. Except as otherwise provided in this Agreement, Aalto and its licensors own all right, title, and interest in and to the Services and all information and materials, including source code, data, text, images, information, property details, listing information, photos, or other materials (all such information, “Content”) contained on or in the Services, and you acknowledge and agree that all such Content is protected by copyright, trademark, and other laws of the United States and foreign countries.
3.2. License Granted to You. Subject to your complete and ongoing compliance with these Terms, Aalto grants you (i) a limited, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Services, and (ii) a limited, non-exclusive, non-transferable, non-sublicensable, freely revocable license to install one copy of our App downloaded from a legitimate app store or distribution platform, such as the Apple App Store, Google Play, or the Amazon Appstore, where the App is made available (each, an “App Store”), and to use such App so installed solely in object code format and solely for your personal use for lawful purposes, on mobile devices that you alone own or control. The foregoing license grant is not a sale of the Services or any portion thereof, and we reserve all of our rights, title, and interest in and to the Services and any copies thereof.
3.3. Restrictions. You may not modify, decompile, dissemble, reverse-engineer, reproduce, redistribute, create derivative works based upon, or attempt to commercially gain from your use or misuse of the Services, or any of their components, except as permitted by the Services. You may not use any meta-tags or other hidden text using any Aalto name, trademark, service mark, graphic or logo without Aalto’s specific written permission. You may not remove, obscure, or modify any copyright or other intellectual property notices that appear on or in the Services. These Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on Third Party Sites or otherwise except as expressly contemplated by this Agreement. You may not automatedly crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior express written permission from Aalto. You will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell, or sublicense, any information provided through the Services to another individual or entity. This prohibition expressly includes “scraping” (including screen and database scraping), “data mining”, or any other activity intended to collect, store, re-organize, summarize, or manipulate any information provided or any related data. You may not use the Services in any way that violates any law or regulation, this Agreement, any of Aalto policy, or any third party policy, that applies to you. You may not use the Services in any manner that harms Aalto, our service providers, our suppliers, other Users of the Services, or any other person. If you violate these Terms or the Agreement, your permission to access and use the Services is automatically revoked.
3.4. Feedback. We welcome you to give Aalto feedback, comments, and suggestions for improvements in connection with the Sites and Services (“Feedback”). You hereby grant Aalto an unrestricted, perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner in which Aalto sees fit.
3.6. License to Virtually Staged Content. The Services permit Sellers to upload photos of their home for virtual staging by Aalto (once staged, “Virtually Staged Content”). Aalto grants you a non-exclusive license to access Virtually Staged Content through the Services and to use, reproduce, distribute, display, and perform Virtually Staged Content only as permitted through the functionality of the Services and under these Terms. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to any Virtually Staged Content that is based on Your Content. These Terms do not provide you a license to use, reproduce, distribute, display or provide access to any Virtually Staged Content on Third Party Sites or otherwise except as expressly contemplated by this Agreement.
4. CONTENT; THIRD-PARTY CONTENT AND SITES
4.1. Your Content; Restrictions. You may make available Your Content on or through the Services in accordance with this Agreement, including, without limitation, the Listing Submission Guidelines and the Community Guidelines in this Aalto Services Addendum. You represent and warrant that (i) Your Content is original to you and does not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; (ii) Your Content and any Feedback do not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (iii) Aalto’s use of Your Content and any Feedback you provide in accordance with these Terms will not infringe, misappropriate, or otherwise violate the rights of any person, including any intellectual property rights or rights of publicity or privacy. You agree that you, and not Aalto, are entirely responsible for all of Your Content that you upload, post, e-mail, transmit or otherwise make available through the Services.
4.2. Third-Party Content. The Services may display or otherwise include data, materials, information, or other Content provided by a third party, including, without limitation (i) Your Content; (ii) such Content and information other Users provide to us or upload to the Services; and (iii) Content and information posted or provided by our service providers, or any third party multiple listing service, broker, or agent (all such Content, “Third-Party Content”). You acknowledge that all Third-Party Content on the Services is the sole responsibility of the party from whom such Content originated. To the maximum extent permitted by applicable law, Aalto disclaims all liability for Third-Party Content. AALTO IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR ANY CONTENT OR INFORMATION PROVIDED BY, ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION A MULTIPLE LISTING SERVICE OR AN EXTERNAL AGENT. Aalto reserves the right to, but is not obligated to and does not, control or vet Third-Party Content for accuracy, including any Third-Party Content in question-and-answer forums. THE VIEWS EXPRESSED IN THIRD PARTY CONTENT ON THE SERVICES, INCLUDING WITHOUT LIMITATION POSTS TO FORUMS AND EMAILS, DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF AALTO.
5.1. Services Overview. Our Services include but are not limited to the following:
- Aalto Homeowner Marketplace - An online marketplace where Sellers (as defined in Section 5.2 below) can share information about their home directly with Buyers (as defined in Section 5.3 below) and their agents.
- Buyers can browse homes for sale; interact with Sellers, including through our question-and-answer forum; book showings; and make offers on homes. Real estate agents can stay informed of Buyer activities and stay informed of Aalto inventory.
- Aalto Seller Experience App – A mobile application that guides home sellers through the home selling process.Seller Representation – An Aalto-affiliated licensed real estate advisor represents Seller(s) in the sale of their property on Aalto or elsewhere.
5.2. Aalto for Sellers. Aalto provides a platform that allows Users who are seeking to sell their properties (“Sellers”) to fill out an online page that represents basic information about a property (each, a “Home Profile”) and publish such profile on the Aalto Services in order to share it with Buyers directly (as published, a “Preview Listing”). Sellers may also consult with a licensed real estate agent employed by or otherwise acting directly on behalf of Aalto pursuant to a written agreement between Aalto and the agent (each, an “Aalto Advisor”) through in-app messaging or otherwise. Except as otherwise permitted under the Aalto Partner Program, you acknowledge and agree that you own the property you list on the Aalto Services and that you have full power and authority to list such property for sale. You agree to use the Aalto Services only for residential real estate transactions (i.e. a property solely containing four or fewer dwelling units) and not for commercial real estate transactions of any kind. You will not assert ownership rights of any kind in any listing information not provided by you. Sellers can limit the amount of information shared about themselves or their property. Prior to opening a home for showings through Aalto, sharing your property’s address through Aalto, or receiving the contact information of interested Buyers, a Seller must enter into a written agreement for real estate brokerage services between such Seller and Aalto or (each such agreement, whether the User is a Seller or a Buyer as defined below, an “Aalto Broker Agreement”). Any listings on the Aalto Homeowner Marketplace that are represented by an Aalto Advisor pursuant to an Aalto Broker Agreement shall be referred to as an “Aalto Listing.”
5.3 Aalto for Buyers. A User who is seeking to buy a home (“Buyer”) can browse the inventory on Aalto’s site and express interest and ask questions of a Seller. Prior to booking a showing, a Buyer must either designate a licensed real estate agent that is neither employed by Aalto nor an independent contractor working for Aalto (a “Third Party Agent”) with whom they have a brokerage agreement with whom to tour the properties, or, if a Buyer has no Third Party Agent, they can tour the property with an Aalto Advisor
5.4 Aalto for Third Party Agents. A Third Party Agent can create an agent Account and browse homes on the Aalto site. Third Party Agents who have Aalto Accounts will be notified when a Buyer enters their name as the agent that will give them a tour. As of April 2021, Aalto no longer offers subscriptions for Third Party Agents, and Third Party Agents cannot post listings or obtain additional information about specific listings except as expressly permitted by the functionality of the Services. Third Party Agents are expressly prohibited from using the Services in order to solicit any other User for any business.
5.5. Aalto for Partner Agents. The Partner Agent Program is covered by the Partner Agent Terms of Service. Aalto is not responsible for the work performed or the services provided by any individual in connection with the Partner Agent Program.
5.6 Disclaimer Regarding Third Party Agents. These Terms do not govern your relationship with a Third Party Agent, if any. Your contractual relationship with a Third Party Agent is or will be governed by a separate listing real estate agreement entered into with your Third Party Agent.
6. AALTO BROKER AGREEMENTS; DISCLAIMER.
The complete Aalto Broker Agreement is not included in these Terms. An Aalto Broker Agreement may grant Aalto or an Aalto Advisor the exclusive right to represent an Aalto User. To review the terms of the Aalto Broker Agreement, please request a copy of such Agreement from your Aalto Advisor. You (and/or your attorney) will have the chance to review the Aalto Broker Agreement before signing. Unless and until Aalto or an Aalto Advisor enters into an Aalto Broker Agreement with you, you have sole responsibility for undertaking diligence with respect to the properties listed on the Services. As a reminder, Aalto does not guarantee the existence, quality, safety or legality of properties offered via the Services; the truth or accuracy of a User’s Content or listings; the ability of any User to sell or lease their property; or the integrity, responsibility, or any actions of any Users. Certain features on Aalto will not be available to Sellers or Buyers unless and until they enter into an Aalto Broker Agreement.
7. Home Profile and Listing Submission Guidelines.
7.1. Home Profiles and Listings. Home Profiles and Preview Listings may only be posted to, or updated on, the Aalto Services by the owner of the listed property or by their authorized representative. Aalto may require that you provide proof that you are the owner of the subject property, or that you have an exclusive right to post or advertise the Home Profile or Aalto Listing. If Aalto is unable to verify that you are the owner of the property in question or their authorized representative, Aalto may remove the Home Profile or Preview Listing at any time in its sole discretion.
7.2. Preview Listing Exclusivity. By posting a Preview Listing you confirm that you are not bound by any pre-existing listing agreement with a Third Party Agent under which you would be required to pay a commission to said Third Party Agent. If Aalto learns or reasonably suspects that you are subject to the terms of an existing listing agreement with a Third Party Agent, Aalto may remove your Preview Listing from the Services immediately with no notice to you. Aalto makes no representations and accepts no liability for the outcomes of Sellers that choose to post their own Preview Listings.
7.3. Disclosures. By posting a Preview Listing you acknowledge and agree that you have read, understand, and agree to be bound by the terms of the written disclosures that a licensed real estate agent is or may be required to give to a homebuyer or seller pursuant to applicable law of the state in which the property is located, including, as applicable, the Disclosures set forth in the “Disclosures” section below (“Disclosures”), which we made available to you on the Sites.
8.1. Relationship Between You and Aalto. Before we show you certain Content made available through the Aalto Homeowner Marketplace and permit you to sell your home through Aalto, we require you to acknowledge that you consider Aalto to be your real estate agent, broker or salesperson in the purchase of your property. For purposes of clarification, you have no obligation to work with an Aalto Advisor to sell a home. However, certain features of the Services may not be available to you unless you choose to enter into an Aalto Broker Agreement. Before proceeding to view certain Content made available through the Aalto Homeowner Marketplace and to sell your home through Aalto, you must enter into an Aalto Broker Agreement and acknowledge that you agree with all of the following:
8.1.1 You are entering into a lawful consumer-broker, seller/buyer-brokerage, or similar regulated contractual relationship with Aalto (as defined by applicable state or local law). You have no obligation to work with Aalto and you can terminate that contractual relationship, and/or your Account with Aalto, at any time. Any information you obtain from the Aalto website is intended for your personal, non-commercial use.
8.1.2. You have read, understand, and agree to be bound by the Disclosures, which we have made available to you through the Services.
8.1.3 Unless and until you enter into a separate Aalto Broker Agreement with Aalto or an Aalto Advisor, your Home Profile will act as a “for sale by owner” listing and as such Aalto is not entitled to any commission and the listing is not subject to the rules or regulations that may be required by proxy of Aalto’s association with a local multiple listing service (“MLS”).
8.1.4. You have a bona fide interest in the sale of your property on or through the Services.
8.1.5. You will not copy, redistribute, or retransmit any of the information provided to you except in connection with your consideration of the sale of an individual property.
8.1.6. You are advised that a dual agency relationship may arise if an Aalto Advisor represents both you and a buyer of a property. If a dual agency relationship arises, the terms of such dual representation will be subject to a separate written agreement between you and your Aalto Advisor.
9. Community Guidelines.
9.1 All of Your Content, including listing submissions, must comply with this Agreement, including these Community Guidelines, as may be interpreted by Aalto in its sole discretion. Aalto has no obligation to moderate or review any Third-Party Content; notwithstanding the foregoing, you acknowledge and agree that Aalto may take action including but not limited to removing Your Content from the Service or banning you from the Services if Your Content violates these Community Guidelines. You hereby acknowledge and agree to comply with the following Community Guidelines:
9.1.1. Be respectful. We welcome debate, but we will not tolerate personal attacks or defamatory statements about other Users, clients, customers or agents. Please avoid controversial and potentially illegal topics such as politics, race, religion, and sexuality.
9.1.2. Be honest. Only post information that you know is true and accurate. Similarly, do not misrepresent your identity or your affiliation with another person or entity.
9.1.3. Submit only what you have a right to submit. Do not submit or post any Content that violates any applicable law or that infringes copyright or other intellectual property rights, including in the photos and written Content that you submit. Do not submit information about real estate properties you do not own.
9.1.4. Respect privacy and confidentiality. Do not publicly post the personal or private information of others, including without limitation any contact information. This prohibition extends to communications from, to, or including community administrators and moderators. Do not publicly disclose any confidential or sensitive information. Do not post any information that identifies any individual person without their express consent, whether such person is a property-owner or otherwise, or any information that could be used to identify any individual person, except for any agent, salesperson, or broker associated with the applicable property who has consented to such identification.
9.1.5. No solicitation. Real estate agents, brokers, salespersons, and other professionals are permitted to use the Services in compliance with these Terms but may not use the Services to promote their own professional services. Do not reach out to Home Profiles or Preview Listings with the intent to solicit business, whether on or offline.
9.1.6. No spamming. Do not submit or post advertising, junk mail, spam, scams, or chain letters.
9.1.7. No illegal or offensive posts. Do not submit or post anything that contains abusive, threatening, illegal, inflammatory, libelous, obscene, or pornographic content.
9.1.8. No discrimination. All listing information and other Content posted by you is subject to federal fair housing laws, including the Fair Housing Act, 42 U.S.C. §3601 et seq. (https://www.justice.gov/crt/fair-housing-act-2), which make it illegal, among other things, to (i) indicate in any advertisement any preference, limitation, or discrimination because of, (ii) refuse to rent or sell to, negotiate with, or offer to rent or sell because of, (iii) provide housing based on, (iv) set different lease or sale terms based on, (v) set different rental rates or purchase prices based on, (vi) falsely deny that a property is unavailable for inspection, rent or sale because of, (vii) use different eligibility and screening criteria based on, (viii) deny or limit privileges and services because of, or (ix) otherwise discriminate in any way based on race, color, religion, sex, physical or mental disability, and/or familial status. Your state or local jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria (together, applicable federal, state and local fair housing laws are referred to as “Applicable Fair Housing Laws”). Do not post any Content that expresses a discriminatory preference, even implicitly. If you have any question about Applicable Fair Housing Laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. Your provision, receipt, and/or use of any Content offered or obtained through the Services shall be at all times in strict compliance with Applicable Fair Housing Laws. If you are a homeowner or a real estate agent, broker or salesperson, you are exclusively responsible for adhering to Applicable Fair Housing Laws.
10. Third-Party Data Services.
Certain features of the Services are based upon and reflect, depict, or otherwise present data that has been provided by third parties and is not vetted or otherwise independently verified by Aalto (“Third-Party Data”). Aalto makes no representations regarding the accuracy of, and disclaims all liability regarding, the following Services that rely on Third-Party Data:
10.1. Neighborhood Location Outlines. Any neighborhood outlines or location marking that appear on the Aalto Sites or Aalto Services have been supplied by Who’s on First Data and Google Maps.
10.2. School Ratings and Reviews. Where available, GreatSchools ratings are provided by GreatSchools.net.
11. Equal Housing Opportunity.
Aalto is pledged to adhere to both the letter and spirit of United States law and policy for the achievement of equal housing opportunity anywhere in which we offer Aalto Services, and to comply with all applicable human rights legislation. We encourage and support an advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.
12. COMMUNICATIONS FROM AALTO.
By entering into this Agreement or using the Services, you agree to receive communications from us, including via e-mail and text message, and calls. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliates may include but are not limited to: operational communications concerning your Account or use of the Services; updates concerning new and existing features on the Services; offers or promotions run by us, our affiliates, or our third-party partners; or news concerning Aalto. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO (415) 785.2600 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS AS A CONDITION OF USING THE COMPANY PROPERTIES OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALLSTOP “ TO (415) 785.2600 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE COMPANY PROPERTIES OR RELATED SERVICES.
You agree to defend, indemnify, and hold Aalto and its affiliates, agents, employees, directors, officers, representatives, partners, and licensors (the “Aalto Entities”) harmless from and against any claims, liabilities, damages, losses, and expenses (including, without limitation, reasonable attorneys’ fees and costs) made by any third party due to or arising out of (a) your use of the Services; (b) your violation of this Agreement; (c) your failure to comply with applicable laws or regulations; (d) Your Content and Feedback; (e) your violation of any rights of any other party, including any other Users; and (f) any other activity in which you engage on or through the Services. You agree that the provisions of this section will survive any termination of your Account(s), the Terms, and/or your access to the Services.
AALTO PROVIDES SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AALTO DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE SERVICES, AND AALTO AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. AALTO MAKES NO GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS.
Aalto is not responsible for any errors in displayed information or delays in displaying information ON OR THROUGH THE SERVICES, including without limitation any THIRD PARTY CONTENT. ANY USE of OR RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER INFORMATION ON THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES, INCLUDING INFORMATION PROVIDED BY AALTO, IS AT YOUR OWN RISK.
AALTO IS NOT RESPONSIBLE FOR, AND AALTO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY CONTENT) SENT THROUGH THE SERVICES. AALTO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING ITS SERVICES, NOR DOES ANY AALTO HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES. AALTO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
THE INFORMATION ON THE SERVICES DOES NOT CONSTITUTE AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE NOR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE AN OFFER OR SOLICITATION.
AALTO DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE, EXCEPT PURSUANT TO THE EXPRESS TERMS OF AN AALTO BROKER AGREEMENT ENTERED INTO BETWEEN YOU AND (i) AALTO OR (ii) AN AALTO ADVISOR. AALTO IS NOT AN ATTORNEY, ESCROW AGENT, LENDER, OR, UNTIL AND UNLESS AALTO OR AN AALTO ADVISOR ENTERS INTO AN AALTO BROKER AGREEMENT WITH YOU, A REAL ESTATE BROKER REPRESENTING YOU. THE AALTO ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE BUYER OR SELLER OF ANY PROPERTY AS TO THE EXISTENCE, OWNERSHIP, LEGAL STATUS (INCLUDING, BUT NOT LIMITED TO, BUILDING CODE COMPLIANCE AND COMPLIANCE WITH ACCESSIBILITY LAWS), SUITABILITY, OR CONDITION OF ANY PROPERTY LISTED ON THE AALTO SITES; AS TO THE REPUTATION, ABILITY OR PERFORMANCE OF ANY USER; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PROPERTY. AALTO DOES NOT GUARANTEE OR REPRESENT THAT A BUYER OR SELLER WILL ENTER INTO AN AGREEMENT WITH YOU OR TAKE ANY PARTICULAR ACTION WITH RESPECT TO ANY PROPERTY. EXCEPT PURSUANT TO THE EXPRESS TERMS OF AN AALTO BROKER AGREEMENT ENTERED INTO BY AALTO OR AN AALTO ADVISOR WITH YOU, ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING A PROPERTY MUST BE ADDRESSED WITH THE HOMEOWNER LISTING THE PROPERTY, OR THEIR AGENT.
Aalto is not an owner, property manager, lender or seller. Aalto does not, under any circumstances, for compensation, valuable consideration, or otherwise, sell or offer to sell, buy or offer to buy, lease or offer to lease, rent or offer to rent, manage or offer to manage any real property, except pursuant to the express terms of an Aalto Broker Agreement executed by Aalto or an Aalto Adviser. Unless and until Aalto or an Aalto Advisor enters into an Aalto Broker Agreement with you, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Aalto and any user of the Services.
15. LIMITATIONS OF LIABILITY
15.1. Liability Limits. IN NO EVENT WILL THE AALTO ENTITIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS, THE AGREEMENT, OR YOUR USE OF THE SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 THE AALTO ENTITIES WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT FOR SUCH SERVICES, IF APPLICABLE, AND/OR DISCONTINUE USING THE SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, THE AALTO ENTITIES WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES FOR ANY AMOUNT GREATER THAN THE GREATER OF (i) THE AMOUNT PAID BY YOU TO AALTO UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100). ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN TWELVE (12) MONTHS OF THE EVENTS GIVING RISE TO THE CLAIM. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, AALTO’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. The limitations set forth in this Section 15.1 will survive termination or expiration of these Terms and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose.
15.2. No Liability for Conduct of other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT AALTO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OF THE SERVICES. NOTWITHSTANDING THE AALTO ENTITIES, AALTO MAKES NO WARRANTY THAT ANY SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AALTO MAKES NO WARRANTY REGARDING THE QUALITY OF SUCH GOODS OR SERVICES, NOR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT MADE AVAILABLE BY THIRD PARTIES ON OR THROUGH THE SERVICES.
16. GENERAL TERMS
16.1. Copyright and Intellectual Property Policy. Aalto respects the intellectual property rights of others and expect our Users to do the same. It is Aalto’s policy to terminate, in appropriate circumstances, Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe your copyright or other intellectual property right is being infringed, misappropriated, or otherwise violated by a User of the Services, or you believe such a claim has been unfairly made against your Account, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Aalto’s Copyright Agent for notice of claims of copyright infringement is as follows:
16.2. Term & Termination. This Agreement commences on the date when you accept it, as described in the preamble above, and remains in full force and effect for as long as you access or use the Services, unless terminated earlier in accordance with the Agreement. If you have created an Account to access the Services, you may deactivate your Account at any time by contacting Aalto customer service. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the Services, in whole or in part, with or without notice to you, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
16.3. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid 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. Notwithstanding the foregoing, if such provision or provisions cannot be so modified, then such specific part or parts shall be severed and the remainder of the Agreement shall continue in full force and effect.
16.4.1.Notices to Aalto. Aalto, Inc. is located at 580 California Street, Floor 12, San Francisco, CA 94104. You may contact Aalto by sending correspondence to that address or emailing firstname.lastname@example.org.
16.4.2.Communications with You. For purposes of responding to you and providing you with information and notices about your Account or the Services, you agree that we may communicate with you through your Account and through the contact information that you provided to us in association with your Account. We have no liability rising from your failure to maintain accurate contact or other information, including, without limitation, your failure to receive critical information about the Services. When you request information from us, you are extending an express invitation for us to contact you in response through whatever contact information you have provided to us or our affiliates.
16.6.Changes to the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion. If you are dissatisfied with any change to the Services, your sole remedy is to stop using the Services.
16.7. No Waiver. Our failure to act with respect to a breach of this Agreement or any term or condition herein by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches of any provision of this Agreement.
16.8. Assignment and Delegation. You may not assign or delegate any rights or obligations under this Agreement without our prior written consent. Any purported assignment or delegation by you in violation of this provision shall be void. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially, with or without notice to you.
16.9. Beta Testing. The Services include any beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct (“Testing”). Except to the extent otherwise provided in another agreement between you and Aalto, your participation in any Testing and use of any data, content, information, or other materials in connection with such Testing shall be subject to this Agreement.
16.10. International Matters; Export Control. Unless otherwise stated in the applicable Services Addendum, Aalto is controlled and operated from the United States. We make no representation that the Services are appropriate or available for use in any particular country or location. If you choose to access, view, or use the Services, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable. No Services, including software, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule, regulation, or export or import control. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
16.11. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of California.
16.12. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Aalto and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
16.12.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the Services that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Aalto Entities, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under the Agreement.
16.12.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. Such informal negotiations will commence upon written notice. Your address for such notices is your personal home address, if provided by you, with an email copy to the email address you may have provided Aalto. A Notice to Aalto should be sent to 580 California Street, Floor 12, San Francisco, CA 94104. After the Notice is received, you and Aalto may attempt to resolve the claim or dispute informally. If you and Aalto do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. If necessary to preserve a claim under any applicable statute of limitations, you or Aalto may initiate arbitration while engaging in the informal negotiations.
16.12.3.Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Aalto made to you prior to the initiation of arbitration, Aalto will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
16.12.4.Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
16.12.5. Time Limits. If you or Aalto pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
16.12.6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Aalto, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Aalto.
16.12.7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Aalto in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND AALTO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
16.12.8.Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
16.12.9.Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
16.12.10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
16.12.11.Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
16.12.12.Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Aalto.
16.12.13. Small Claims Court. Notwithstanding the foregoing, either you or Aalto may bring an individual action in small claims court.
16.12.14. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
16.12.15. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
16.12.16. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state and federal courts located within San Francisco, California, for such purpose.
16.13. Entire Agreement. You agree that this Agreement constitutes the entire, complete, and exclusive agreement between you and Aalto 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 Services, which are reflected in the applicable Services Addendum or otherwise communicated to you by the applicable Site.
17. Accessing and Downloading our Apps.
17.1. You acknowledge and agree that the availability of the App and the Services is dependent on the App Store from whom you received the App license. You acknowledge that the Agreement is between you and Company and not with the App Store. Aalto, not the App Store, is solely responsible for the Services, including the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use any App, you must have access to a wireless network or other, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using any Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
17.2. Additional Terms for Apple Apps. You agree that you will only use any App accessed through or downloaded from the Apple App Store (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. In addition, the following terms apply to any iOS App accessed through or downloaded from the Apple App Store:
17.2.1. You acknowledge and agree that (i) the Terms are concluded between you and Aalto only, and not Apple, and (ii) Aalto, not Apple, is solely responsible for the iOS App and content thereof. Your use of the iOS App must comply with the App Store Terms of Service.
17.2.2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
17.2.3. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. As between Aalto and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Aalto.
17.2.4. You and Aalto acknowledge that, as between Aalto and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iOS App or your possession and use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
17.2.5. You and Aalto acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of that iOS App infringes that third party’s intellectual property rights, as between Aalto and Apple, Aalto, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
17.2.6. You and Aalto acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the iOS App, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the iOS App against you as a third-party beneficiary thereof.
17.2.7. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the iOS App.
Aalto maintains the following real estate licenses :
CA DRE: 02062727
The above list of licenses is subject to change at any time.
1. Agency relationship disclosures. To provide an explanation of agency relationships and duties, the law requires that a real estate broker disclose in writing the general duties which arise from certain agency relationships. Additionally, the broker’s status as agent of the seller, agent of the buyer, or agent of both the seller and buyer (dual agent) is to be disclosed to the principals of the transaction who must consent to the agency relationship(s) disclosed. This requirement applies to the sale, exchange, or lease (for more than one year) of real property improved with 1 to 4 dwelling units, or the sale of a manufactured home (as defined in Health and Safety Code Section 18007)1.1. DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (As required by the Civil Code) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship and representation you wish to have with the agent in the transaction.
1.1.1. Seller’s Agent. A Seller’s agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller’s agent or a subagent of that agent has the following affirmative obligations:
To the Seller:
(a) A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent’s duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value
or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party which does not involve the affirmative duties set forth above.
1.1.2. Buyer’s Agent. A selling agent can, with a Buyer’s consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller’s agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:
To the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent’s duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party which does not involve the affirmative duties set forth above.
1.1.3. Agent representing both seller and buyer. A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer.
(b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
1.1.4 Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the reverse hereof. Read it carefully.
2. WIRE FRAUD ADVISORY
The ability to communicate and conduct business electronically is a convenience and reality. However, it has also provided hackers and scammers with new opportunities for criminal activity. Please exercise extreme caution when wiring or electronically transferring funds. Emails and phone calls attempting to induce fraudulent wire transfers may appear to be legitimate. Therefore, we recommend you take all possible precautions regarding wire transfers, including but not limited to:
- Obtain phone numbers and account numbers only from authorized personnel at the beginning of the transaction.
- Do not wire or electronically transfer funds prior to calling to confirm the transfer instructions. Only use a phone number you have previously been provided by the relevant party.
- Orally confirm the transfer instruction is legitimate and confirm the bank routing number, account numbers, and other codes before taking steps to transfer the funds.
- Avoid sending personal information in emails or texts. Provide such information only in person or over the phone directly to the authorized personnel.
Aalto will not ask you to transfer any funds electronically or via wire except as part of a transaction pursuant to an Aalto Broker Agreement.