Terms of Service
Welcome to PropertyLark’s Terms of Service.
Brinca Investment, Inc. (“Brinca”) operates this website (the “Website”) and the services provided in connection with this Website (the “Services”).
These Terms of Service (the “Terms”) govern the use of the Website, the Services, and any information, data, text, images, videos, audio files, and other materials uploaded to or downloaded from, stored on, obtained via, or transmitted through the Website or the Services (collectively, the “Content”).
Please read these Terms carefully. By accessing or using the Website or by clicking to accept the Terms when that option is made available to you, you agree to be bound by these Terms. If you do not agree, do not access or use the Website.
Section 1 – Overview of the Website and Services
Brinca and its affiliates purchase and sell properties and engage in similar real estate transactions (“Real Estate Transactions”). Brinca uses its Website and the Services only to collect information about potential properties, buyers, and sellers and to facilitate Real Estate Transactions. The Real Estate Transactions themselves are not conducted via the Website or under these Terms, but instead are subject to separate agreements and documents that are specific to each Real Estate Transaction and that must be separately entered into between Brinca (or an affiliate) and any potential buyer or seller (such agreements and documents, the “Transaction Documents”). Content provided via the Website or the Services is for general informational purposes only and does not constitute a binding offer to buy or sell any property or otherwise engage in any Real Estate Transaction. Such offers will be made only though separate Transaction Documents and will become binding only when the corresponding documents are signed by the applicable parties. Importantly, Brinca is not a real estate broker and does not represent you or any third party in any Real Estate Transaction or otherwise.
Section 2 – User Responsibilities
You are solely responsible for your use of the Website, the Services, and the Content, including all actions (whether or not authorized) taken by your account. You must use the Website, the Services, and the Content in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
B. User Accounts.
In order to access certain features of the Website, you must register a user account. All information you provide as part of this process must be complete and accurate. You agree to not let any other person or entity use your account. You are responsible for the actions taken by your account and for safeguarding your username and password. Brinca encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols). Brinca is not liable for any loss or damage arising from your failure to do so. If you know of or reasonably suspect a breach of security related to your account, you must immediately notify Brinca and modify your login information. Brinca reserves the right to remove or reclaim usernames for any reason.
C. Use and Conduct Restrictions.
You are allowed to use the Website as long as you follow the basic rules described in these Terms. If Brinca suspects that you have violated any of the rules below or elsewhere in these Terms, Brinca has the right to terminate your use of the Website and to take other actions it deems appropriate. You agree not to: (i) modify, copy, or create derivative works based on the Website; (ii) license, sell, resell, lease, distribute, or otherwise commercially exploit as a standalone product, or make available to any third party, the Website, any component of the Website, or any Content not owned by you (unless the Content is expressly licensed to you for such purpose); (iii) reverse engineer, decompile, or otherwise derive the source code and other intellectual property underlying the Website or attempt to do any of the foregoing (except to the extent applicable law prohibits restrictions on reverse engineering); (iv) distribute via, or store on, the Website unlawful, offensive, or tortious material; (v) use the Website or the Content, or cause the Website or the Content, to infringe upon or violate any third-party intellectual property or other proprietary right; (vi) attempt to gain unauthorized access to the Website, the Content, or the related systems or networks; (vii) access or search, or attempt to access or search, the Website or the Content by any means (automated or otherwise) other than through currently available, published interfaces; (viii) probe, scan, or test the vulnerability of any system or network related to the Website or breach or circumvent Brinca’s security measures; (ix) interfere with or disrupt the integrity or performance of the Website, the data contained therein, or the servers or networks connected to the Website; (x) send via, upload to, or store on the Website any viruses, worms, time bombs, trojan horses, or other harmful or malicious code, files, scripts, agents, or programs; (xi) use the Website or the Content to phish, spam, pharm, pretext, spider, crawl, or scrape; (xii) alter, remove, or suppress any copyright, trademark, or other proprietary notice displayed by the Website or on any Content; (xiii) access the Website in order to build a competitive product or service or copy any features, functions, or other component of the Website; (xiv) use the Website to harass, defame, slander, or intimidate; (xv) use the Website or the Content for any illegal or unauthorized purpose; and (xvi) engage in any act that Brinca deems to be in conflict with the spirit or intent of the Website or these Terms.
Section 3 – User-Provided Content
Users may submit Content through or onto the Website. For example, you may elect to submit your email address and information about a property that you own and are interested in selling in order for Brinca to contact you about potentially purchasing that property. Or, if you are interested in receiving information about properties to purchase, you may submit certain information to potentially join a network of PropertyLark buyers. All Content is the sole responsibility of the person or entity that originated that Content. Brinca does not take responsibility for user-provided Content or independently verify, or warrant the accuracy or completeness, of such Content.
B. Content Submission.
By submitting Content, you represent that: (i) such Content is true, accurate, and not mis-leading; (ii) such Content and its submission to the Website and the Services generally does not violate any laws, contractual restrictions, or other third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary right; (iii) such Content does not contain viruses, adware, spyware, worms, or other malicious code; and (iv) you have all the rights, power, and authority necessary to submit, use, and distribute the Content originating with you in connection with the Website and to grant the rights granted in the Terms regarding any such Content. You agree to accept full liability for all Content submitted by you or on your behalf.
C. License Grant & Assignment.
You retain your rights in Content that you submit to the Website. But you grant Brinca a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, and display that Content in any and all media or distribution methods (now known or later developed) for the following purposes only: (i) to operate, maintain, and improve the Website; (ii) to provide and improve the Services; and (iii) as otherwise expressly permitted by these Terms or as described on the Website.
In the event you provide to Brinca an idea, suggestion, recommendation, or other feedback regarding the Website or the Services (collectively, the “Feedback”), you agree that Brinca has the right to use, disclose, reproduce, license, distribute, exploit, and incorporate into the Website or the Services such Feedback as it sees fit, without obligation (including any obligation to pay you) or restriction of any kind. By providing Feedback, you assign and license to Brinca all, right, title and interest in and to such Feedback, including any intellectual property rights related thereto.
Section 4 – All Content
A. Reliance on Content.
Your use of, and reliance on, any Content, whether user-provided or not, is at your own risk. Brinca does not endorse, support, or guarantee that such Content is complete, truthful, or reliable. Brinca is not liable for any Content (including errors or omissions in the Content), nor any loss or damages resulting from the use of, or reliance on, that Content.
B. Right to Remove Content.
Brinca has the right, but not the obligation, to review, edit, refuse to post, delete, disable access to, or otherwise make unavailable any Content, including user-provided Content, without notice and for any reason.
Section 5 – Brinca’s Rights; Your License to Use the Website
A. Brinca’s Rights.
All right, title, and interest in and to the Website, the Services, the Content (excluding user-provided Content), and any intellectual property related thereto are Brinca’s exclusive property. The Website and the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries, as further discussed in Section 6.
B. Your License.
Brinca hereby grants you a personal, limited, non-exclusive, non-transferrable, non-sublicenseable right and license to use the Website solely as contemplated by these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by Brinca in the manner permitted by these Terms. You agree not to use the Website or related intellectual property for any other purpose.
Section 6 – Intellectual Property
The trademarks, service marks, logos, and other distinctive brand features used as part of or displayed through the Website or on any Content (the “Trademarks”) are registered or unregistered trademarks of Brinca or third parties. You may not use any of these Trademarks without the prior, written approval from the trademark owner. Nothing related to the Website or the Services grants you, expressly or implicitly, any right or license to use any of these Trademarks or may be construed to mean Brinca has the authority to grant any right or license on behalf of any third-party trademark owner.
Much of the Content throughout the Website and the Services is protected by copyright laws and may be covered by other restrictions as well. Such Content is proprietary to Brinca or used consistent with the owner’s permission or applicable law or regulation. Brinca retains all rights it may hold, including copyright, in its Content. Copyrights and other proprietary rights in the Content may also subsist in individuals and entities other than, or in addition to, Brinca. Brinca expressly prohibits the copying of any such protected Content, except as expressly permitted by these Terms.
C. Reservation of Rights.
All rights not expressly granted by Brinca herein are specifically reserved. Subject to Section 6(B), nothing in the Website or these Terms grants you, expressly or implicitly, any right or license to use any content or property of any third party or may be construed to mean that Brinca has the authority to grant any right or license on behalf of any third party.
D. Copyright Policy.
Brinca reserves the right to remove Content alleged to be infringing without prior notice, at its discretion, and without liability to you. Brinca will respond to notices of alleged copyright infringement that comply with applicable law and that are properly provided to it. Brinca’s designated copyright agent for notice of alleged copyright infringement is:
Brinca Investments Inc.
1529 9th Street Suite B
Modesto, Ca 95354
Section 7 – Privacy
Section 8 – Terminating this Agreement
These Terms apply until you or Brinca terminate this agreement. In the event you have created a user account and want to terminate this agreement, you must do so via the Website’s cancellation feature, if applicable, or by sending an email to email@example.com that clearly states you would like to deactivate your account. In the event you have not created a user account, you may end this agreement simply by no longer accessing the Website. Brinca may cease providing you with all or part of the Website or the Services and terminate this agreement at any time for any reason. This section does not affect Brinca’s rights to change, limit, or stop providing the Website or the Services without prior notice. When this agreement terminates, all of the Terms terminate, except that the following sections will continue to apply: 3 (User-Provided Content), 4 (All Content), 5A (Brinca’s Rights), 6 (Intellectual Property), 7 (Privacy), 9 (Disclaimers and Limitations of Liability), and 10 (Miscellaneous).
Section 9 – Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Brinca and its parents, subsidiaries, affiliates, related companies, managers, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Brinca Entities”). Each of the subsections below applies only up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that may not be lawfully limited.
A. The Website is Available “As-Is.”
Your use of the Website, the Services, and the Content is at your own risk. You agree that, except as expressly set forth in these Terms, the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BRINCA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP, AND NONINFRINGEMENT.
The Brinca Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Website or the Content, whether user-supplied or not; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or Content; (iii) the deletion of, or the failure to store or to transmit, Content and other communications maintained by the Brinca Entities; (iv) whether the Website will meet your requirements or be available on an uninterrupted, prompt, secure, or error-free basis; and (v) whether you will be able to achieve any particular result or outcome, including whether you will be able to sell or purchase a property or what the terms of any such transaction may be. No advice or information, whether oral or written, obtained from the Brinca Entities or through the Website will create any warranty not expressly made herein.
The Website may contain links to third-party websites and resources. The Brinca Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Brinca Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BRINCA ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE WEBSITE OR THE SERVICES; (II) THE CONTENT; (III) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (IV) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR THE CONTENT; OR (V) ANY ACTION OR INACTION BY ANY THIRD PARTY.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BRINCA ENTITIES RELATED TO THE USE OF THIS WEBSITE, THE SERVICES, OR THE CONTENT EXCEED $2,500.
THE LIMITATIONS OF THIS SUBSECTION APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE BRINCA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT, IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF BRINCA'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE BRINCA ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE BRINCA ENTITIES.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY), WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You hereby indemnify the Brinca Entities from any demand, damages, liability, expenses, and losses, including reasonable attorneys’ fees, relating to any third-party claim, suit, action, or proceeding related to or arising out of: (i) your use or misuse of the Website, the Content, or any information or materials that you obtain from the foregoing; (ii) any Content provided or submitted by you or your account; (iii) any breach or alleged breach by you of these Terms; and (iv) any misrepresentation made by you in connection with this agreement. Brinca reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
Section 10 – Miscellaneous
A. Evolving Website.
The Website and the Services are always evolving and may change from time to time without notice. Brinca may stop (permanently or temporarily) providing the Website or the Services (or any feature) to you or to users generally and may not be able to provide you with notice. Further, Brinca may modify the Website or the Services at its discretion. New features will be subject to these Terms.
B. Changes to Terms.
Brinca may revise these Terms from time to time. The most current version will always be located here. If the revision, in Brinca’s discretion, is material, Brinca will notify you via email to the email address associated with your account or by posting notice to its website. In consideration for your access to the Website, you agree to check back here from time to time to determine if the Terms have been revised. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms.
C. User Requirements for Individuals.
In order to use the Website, you must be able to form a binding contract with Brinca. If you are an individual under the age to form a binding contract with Brinca under appliable law, you may not access or use the Website.
D. Company Representatives.
If you are accessing or using the Website on behalf of a company, you represent that you have authority to bind that company to this agreement, and in such case, “you” and “your” refer to that company throughout this agreement.
E. Waiver and Severability.
Brinca’s failure to enforce any right or provision in these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized Brinca representative. In the event that any provision of these Terms (in whole or in part) is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions of these Terms will remain in effect.
F. Controlling Law and Arbitration.
The Terms and any related actions are governed by California law, without regard to or application of California’s conflict of law provisions or those of any other jurisdiction, including your state or country of residence. YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR THE CONTENT BETWEEN BRINCA AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION, AND EFFECT OF THIS AGREEMENT MUST BE SUBMITTED EXCLUSIVELY TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS APPLICABLE RULES, IN STANISLAUS, CALIFORNIA. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. You agree that you and Brinca are each waiving the right to a trial by jury and to participate in a class action or class arbitration. The following is a list of exceptions to the foregoing dispute resolution requirements:
- Either you or Brinca may assert claims, if they qualify, in small claims court in Stanislaus County, California without first engaging in arbitration.
- Brinca may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Website without first engaging in arbitration.
- Brinca may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration.
- If the agreement to arbitrate is found to be unenforceable, then you agree that any resulting judicial proceedings will be brought in the federal or state courts of Stanislaus County, California, and by your use of the Website you expressly consent to venue and personal jurisdiction of those courts.
G. Entire Agreement.
The Terms are the entire and exclusive agreement between Brinca and you regarding the Website and Content, and these Terms supersede and replace any prior agreements between Brinca and you regarding the Website and Content. Any agreement that you may enter into with Brinca, a Brinca affiliate, or a third party in connection with any Real Estate Transaction is separate from, and does not replace, the Terms. Rather, any such agreement will apply to the applicable Real Estate Transaction while these Terms will continue to apply as described herein.
The headings in this agreement are inserted for reference only and do not limit the scope, extent, or intent of the agreement or its provisions. As used in this agreement, the words “include” and “including,” and variations, are considered to be followed by the words “without limitation.”
I. Contact Information.
The Website and the Services are operated and provided by:
Brinca Investments Inc.
1529 9th Street Suite B
Modesto, Ca 95354
Effective: September 11, 2020