These Terms of Use ("Terms") govern your access to and use of the website and services operated by Gold Country Agents (the "Site"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
1. The directory service
Gold Country Agents provides an online directory and related informational content about real estate professionals and local markets. The Site is not a licensed real estate brokerage and does not enter into agency relationships with users on behalf of buyers, sellers, landlords, or tenants. Your use of the Site is at your own risk and subject to our Disclaimer.
2. Eligibility and acceptable use
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable federal, state, or local law or regulation;
- Scrape, harvest, or automate access to the Site in a way that impairs performance or circumvents access controls;
- Upload malware, attempt unauthorized access, or interfere with the Site's security or operation;
- Misrepresent your identity, license status, or affiliation;
- Use the Site to send spam, harass others, or distribute unlawful content.
We may suspend or terminate access for conduct we reasonably believe violates these Terms or harms other users or us.
3. Agent listings and accuracy
Directory listings and profiles may be submitted by agents, aggregated from public or third-party sources, or edited by us for consistency or quality. We do not warrant that any listing is complete, current, or accurate. License numbers, contact information, specialties, and service areas may change without immediate updates on the Site. You are responsible for verifying any information material to your decisions, including license status with the California Department of Real Estate.
4. No warranty
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
No warranty on agent information: We do not endorse, recommend, or guarantee the performance, qualifications, ethics, or availability of any agent listed on the Site. Inclusion in the directory or in programs such as Gold Awards does not constitute a professional certification.
5. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOLD COUNTRY AGENTS, ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR ACCESS TO THE SITE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (IF ANY), OR (B) ONE HUNDRED U.S. DOLLARS (US $100), EXCEPT WHERE PROHIBITED BY LAW.
Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the fullest extent permitted by law.
6. Indemnity
You agree to defend, indemnify, and hold harmless Gold Country Agents and its owners, affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, your submissions, or your violation of these Terms or applicable law.
7. Intellectual property
The Site's design, branding, text, graphics, and selection and arrangement of content are owned by Gold Country Agents or its licensors and are protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works from the Site without our prior written consent, except for limited personal, non-commercial viewing or as allowed by law.
If you submit content (for example, photos or biography text for a listing), you represent that you have the rights to grant us a license to host, display, and promote that content on the Site and in related marketing, subject to any agreement we have with you.
8. DMCA / copyright complaints
We respect intellectual property rights. If you believe material on the Site infringes your copyright, please send a notice that includes: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Site; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; (e) a statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.
Send DMCA notices to: legal@goldcountryagents.com (subject line: "DMCA Notice"). We may remove or disable access to material in response to valid notices and may terminate repeat infringers where appropriate.
9. Third-party links and services
The Site may contain links to third-party websites or integrate third-party services (including hosting and analytics). We are not responsible for third-party content or practices. Your use of third-party services is governed by their terms and policies.
10. Dispute resolution; governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles that would require application of another jurisdiction's laws.
Informal resolution. Before filing a claim, you agree to contact us at legal@goldcountryagents.com to attempt to resolve the dispute informally for at least thirty (30) days.
Venue. Except where prohibited by law or where you have the right to bring a claim in small claims court, you agree that exclusive jurisdiction and venue for any dispute arising out of these Terms or the Site shall be the state and federal courts located in Placer County or Sacramento County, California, and you consent to personal jurisdiction there.
Class action waiver. To the fullest extent permitted by law, disputes must be brought on an individual basis only; you waive any right to participate in a class, consolidated, or representative action.
Some consumers may have non-waivable rights under California or other law; nothing in this section limits those rights where applicable.
11. Changes
We may modify these Terms at any time by posting the updated Terms on the Site with a new "Last updated" date. Your continued use after changes constitutes acceptance of the revised Terms. If you do not agree, stop using the Site.
12. Miscellaneous
If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. These Terms constitute the entire agreement between you and us regarding the Site and supersede prior agreements on the subject.
13. Contact
Questions about these Terms: legal@goldcountryagents.com or Contact.