Terms of Service
Effective Date: July 8, 2026 | Last Updated: July 8, 2026
1. Acceptance of These Terms
These Terms of Service ("Terms"), together with our Privacy Policy (incorporated by reference), form a legally binding agreement between you and Aegis Luxury Real Estate ("Aegis," "we," "us," or "our"), a California-licensed real estate brokerage (CA DRE# 01328224). These Terms govern your access to and use of aegishomesre.com, alstonhomes.com, and any other website, page, tool, application, or service operated by Aegis that links to these Terms (collectively, the "Sites"), and the content, features, listings, market reports, and services offered through or in connection with the Sites (collectively with the Sites, the "Services").
BY ACCESSING, BROWSING, OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW SECTION 17 CAREFULLY, INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION.
If you sign a listing agreement, buyer representation agreement, or other written agreement with Aegis, that agreement governs the brokerage relationship between you and Aegis; to the extent of any direct conflict between that agreement and these Terms, that agreement controls with respect to the brokerage services it covers.
2. Eligibility
You must be at least eighteen (18) years of age to use the Services, and by using the Services you represent and warrant that you are at least 18, that you have the right, authority, and capacity to enter into these Terms, and that your use of the Services complies with all applicable laws and regulations. The Services are controlled and offered from the United States and are intended for U.S. residents; if you access the Services from another jurisdiction, you do so at your own initiative and are responsible for compliance with local law. We may refuse to offer the Services to any person and may change eligibility criteria at any time, in our sole discretion, to the extent permitted by law.
3. Our Services and Our Role
The Services provide real estate information and tools, including property listings, home search, market reports, community and school information, blog content, home valuation requests, tour requests, and the ability to contact Aegis about buying or selling residential real property in California. Aegis is a real estate brokerage; the online Services themselves are informational tools and are not intended to provide financial, legal, tax, or investment advice of any kind. You are responsible for conducting your own due diligence and consulting appropriate professionals before making real estate decisions.
No Fiduciary Duty Absent a Signed Agreement. Unless and until you and Aegis sign a state-mandated written agreement (such as a listing agreement or buyer representation agreement) that states otherwise, browsing or using the Services does not create an agency or fiduciary relationship between you and Aegis, and we have no duty to take any action regarding the content you access or how you interpret or use it.
Your Interactions and Transactions. We are not a party to any agreement you enter into with any third party, and you are solely responsible for your interactions, correspondence, and transactions with other parties, whether through the Services, in person, or otherwise. Exercise good judgment and conduct all necessary, appropriate, and prudent inquiries, investigations, and due diligence.
4. Accounts, Alerts, and Registration
Certain features of the Services, including saved searches, favorites, and listing alerts, may require you to register or provide contact information. Certain registration information may be required as a condition of our license agreements with multiple listing services ("MLSs") in order to display full MLS listing content to you. You agree to provide accurate, current, and complete information and to keep it updated. You are solely responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account, and you agree to notify us immediately of any unauthorized use or security breach. You may not use another person's account, impersonate any person, or select a username that infringes another's rights or is offensive, vulgar, or obscene. You may close your account or unsubscribe from alerts at any time by contacting us or using the mechanisms provided in the Services.
5. License Grant and Intellectual Property
Subject to these Terms, Aegis grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services and to display Content locally, solely for your personal, non-commercial purposes in connection with a bona fide interest in buying or selling residential real estate. "Content" means all listings, property information, data, text, photographs, images, videos, virtual tours, market reports, graphics, software, and other materials made available on or through the Services.
The Services and all Content (other than content you submit) are owned by Aegis, our licensors, the MLSs, or other content providers, and are protected by United States and international copyright, trademark, and other intellectual property laws. Except for the limited license above, no right, title, or interest in the Services or Content is transferred to you. You may not modify, reproduce, distribute, publicly display, create derivative works from, sell, license, or otherwise exploit any portion of the Services or Content without our prior written permission, and you may not remove, obscure, or alter any copyright, trademark, or other proprietary notices. No real estate broker, salesperson, or other licensed real estate professional not affiliated with Aegis may market or make commercial use of the Content in any way, including advertising our property listings, copying our Content for commercial use, or contacting our clients or the owners of properties listed on the Services, except as permitted by applicable MLS rules.
6. MLS, IDX, and VOW Terms
Certain listing data displayed through the Services is provided under license from one or more MLSs pursuant to Internet Data Exchange ("IDX") and/or Virtual Office Website ("VOW") programs and is subject to MLS rules and restrictions. In accordance with those rules, by accessing MLS listing content through the Services you acknowledge and agree that:
- You are entering into a lawful consumer-broker relationship with Aegis as defined by applicable California law; talking with Aegis or browsing listings does not obligate you to buy or sell a home with Aegis, and you may discontinue use at any time;
- You have a bona fide interest in the purchase or sale of real estate of the type displayed through the Services;
- All listing information obtained through the Services is for your personal, non-commercial use, and may not be used for any purpose other than to identify prospective properties you may be interested in purchasing or selling;
- You will not copy, redistribute, retransmit, display, post, disseminate, publish, broadcast, sell, or sublicense any of the listing information provided, except in connection with your consideration of the purchase or sale of an individual property;
- Each MLS that supplies listing data owns and holds copyright in its listing database, and you acknowledge the validity of each MLS's proprietary rights and copyright in its data;
- MLS employees, members, and their authorized representatives are authorized to access the Sites to verify compliance with MLS rules and to monitor the display of listing data; and
- You will not suppress, modify, or manipulate listing data, pricing, or mandatory listing-broker attributions displayed through the Services.
Listing information is deemed reliable but is not guaranteed. All measurements and square footages are approximate and should be independently verified. Properties are subject to prior sale, price change, or withdrawal without notice. MLS-specific disclaimers, where required by an individual MLS, are displayed alongside the applicable listing content or on our MLS and IDX Disclosures page.
7. Rules of Conduct
As a condition of use, you agree that you will not, and will not permit or encourage any third party to:
- Use the Services in any way that is unlawful, or that harms Aegis, our service providers, our clients, or any other person;
- Use manual or automated software, devices, scripts, robots, spiders, crawlers, or other processes to access, "scrape," "crawl," index, or harvest any portion of the Services or Content, or conduct automated queries against the Services, without our prior express written permission;
- Use the Services or any Content, including listing data, images, market reports, and other Site content, to train, fine-tune, validate, or develop any machine learning or artificial intelligence model, or to create derivative datasets, embeddings, or similar representations, unless expressly authorized by Aegis in writing;
- Reproduce, publicly display, or make available on any other website, application, or service any Content, listing information, or images available through the Services;
- Decompile, disassemble, reverse engineer, or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable law prohibits such restriction;
- Bypass or circumvent any measures we use to prevent or restrict access to the Services, or interfere with the proper working of the Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- Upload viruses, worms, or other malicious code, or post spam, chain letters, or other unsolicited communications;
- Impersonate any person or entity or misrepresent your affiliation with any person or entity;
- Use the Services to discriminate against any individual or class of individuals protected under federal, state, or local anti-discrimination or fair housing laws, or to express unlawful preferences or limitations, or to engage in discriminatory steering or targeting; or
- Use the Services for transactions in commercial real estate or for any purpose other than residential real estate purposes as contemplated by these Terms.
We reserve the right, without obligation, to access, read, preserve, and disclose any information as we reasonably believe necessary to satisfy applicable law, regulation, legal process, or governmental request; enforce these Terms and investigate potential violations; detect, prevent, or address fraud, security, or technical issues; respond to support requests; or protect the rights, property, or safety of Aegis, our clients, and the public. We may revoke your permission to access the Services, and block or prevent your access, at any time in our discretion; if you violate these Terms, your permission to use the Services is automatically revoked.
8. Equal Housing Opportunity
Aegis is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity and complies with the federal Fair Housing Act and California fair housing laws, including the Fair Employment and Housing Act and the Unruh Civil Rights Act. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, gender identity or expression, sexual orientation, handicap or disability, familial status, national origin, source of income, or any other legally protected status. We endeavor to treat all parties fairly and honestly, and we encourage our users to do the same.
9. User Content
The Services may allow you to submit reviews, testimonials, comments, inquiries, photos, property information, or other content ("User Content"). You are solely responsible for your User Content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that your User Content is original to you or that you have all rights necessary to submit it and grant the licenses below; that it is accurate and not misleading; and that it does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any person, and does not contain unlawful, threatening, defamatory, obscene, discriminatory, or otherwise objectionable material.
By submitting User Content, you grant Aegis a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, distribute, publicly display, publicly perform, and prepare derivative works of your User Content in connection with the Services and our business, including for marketing and promotion, in any media. This license survives closure of your account except where prohibited by law. We have no obligation to store or display User Content and may monitor, edit, remove, or refuse any User Content at any time in our sole discretion, but we do not undertake to review all User Content and are not responsible for it.
10. Feedback
If you provide feedback, comments, or suggestions for improvements to the Services ("Feedback"), you hereby assign to Aegis all right, title, and interest in and to the Feedback. To the extent applicable law does not permit assignment, you grant Aegis a perpetual, irrevocable, worldwide, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner, and you waive, to the fullest extent permitted by law, any claims of moral rights or attribution with respect to the Feedback.
11. Communications Consent
When you submit a contact form, request a tour or valuation, subscribe to alerts, or otherwise provide your contact information and request that we contact you, you are extending an express invitation for Aegis to contact you, and you agree that we may communicate with you by email, telephone, and, where you have consented, SMS text message, at the contact information you provide, including regarding the Services and, in accordance with your preferences and applicable law, marketing communications. Consent to receive marketing calls or texts is not a condition of purchasing any property, good, or service.
Message and data rates may apply, and message frequency varies. You may opt out of text messages at any time by replying STOP, and you can get help by replying HELP or contacting us using the information in Section 21. You may unsubscribe from marketing emails using the link in any such email; you may still receive transactional or service-related communications. Calls between you and Aegis may be recorded or monitored for quality assurance, training, and record-keeping purposes where permitted by law; where notice or consent is required, you will be notified and your continued participation in the call constitutes consent. We comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and applicable California call-recording law. We do not sell your phone number, and we do not share text-message opt-in data or consent with third parties for their own marketing purposes.
12. Third-Party Services and Links
The Services may contain links to third-party websites, tools, and resources, including MLS portals, lender and title-company sites, school-information providers, mapping services, scheduling tools, and social media platforms, and third parties may link to the Services. Third-party websites and services are not under our control, and we are not responsible or liable for their content, functions, accuracy, legality, privacy practices, or any other aspect of them. The inclusion of a link does not imply our endorsement. Your use of third-party websites and services is at your own risk and subject to their own terms and privacy policies. Certain features of the Services incorporate third-party tools, such as mapping services, that are subject to the applicable third party's terms of service and privacy policy.
13. Copyright Policy (DMCA)
We respect the intellectual property rights of others and expect users of the Services to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the access of users who repeatedly infringe the copyrights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), if you believe your copyrighted work has been reproduced on the Services in a way that constitutes infringement, please deliver a written notice to our designated copyright agent that includes:
- Identification of the copyrighted work you claim has been infringed (or a representative list if multiple works are covered);
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it (such as the URL);
- Your name, mailing address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and
- Your physical or electronic signature.
Copyright notices should be sent to: Aegis Luxury Real Estate, Attn: Copyright Agent, 10080 N Wolfe Road, SW3-200, Cupertino, CA 95014, or by email to [email protected]. If your content was removed and you believe the removal was a mistake or misidentification, you may submit a counter-notification meeting the requirements of 17 U.S.C. § 512(g)(3) to the same address. Please be aware that there are substantial penalties for false claims.
14. Termination
We may suspend or terminate your access to all or any part of the Services at any time, with or without cause and with or without notice, effective immediately. You may stop using the Services and close any account at any time. We may also modify, suspend, or discontinue the Services, in whole or in part, at any time without notice, and we will not be liable to you or any third party for any such modification, suspension, or discontinuance. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnification, limitations of liability, and the dispute-resolution provisions of Section 17.
15. Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, AEGIS DOES NOT REPRESENT OR WARRANT THAT ANY THIRD-PARTY INFORMATION DISPLAYED THROUGH THE SERVICES (INCLUDING MLS/IDX/VOW DATA, LISTING INFORMATION, PRICING, AVAILABILITY, PROPERTY DETAILS, SCHOOL INFORMATION, PUBLIC-RECORD DATA, OR ESTIMATED VALUES) IS ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL CONTENT IS SUBJECT TO ERRORS, OMISSIONS, CHANGES IN PRICE, PRIOR SALE, OR WITHDRAWAL WITHOUT NOTICE. ALL MEASUREMENTS AND SQUARE FOOTAGES ARE APPROXIMATE AND MAY NOT BE RELIED UPON; ALL INFORMATION SHOULD BE INDEPENDENTLY VERIFIED BY YOU. ANY AUTOMATED OR ESTIMATED VALUATION PROVIDED THROUGH THE SERVICES IS NOT AN APPRAISAL AND SHOULD NOT BE RELIED UPON AS ONE.
SCHOOL ATTENDANCE BOUNDARIES AND ASSIGNMENTS ARE SUBJECT TO CHANGE AND ARE NOT GUARANTEED; ANY SCHOOL INFORMATION PRESENTED THROUGH THE SERVICES IS GENERAL INFORMATION ABOUT SCHOOLS IN AN AREA, AND YOU SHOULD VERIFY ENROLLMENT ELIGIBILITY AND BOUNDARIES DIRECTLY WITH THE APPLICABLE SCHOOL OR DISTRICT BEFORE MAKING ANY DECISION BASED ON SCHOOLS.
AEGIS DOES NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AEGIS DOES NOT GUARANTEE THE DELIVERY OF ANY COMMUNICATIONS SENT THROUGH OR IN CONNECTION WITH THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT AEGIS (I) DOES NOT GUARANTEE THE CONDITION OF ANY PROPERTY OR THE PERFORMANCE, ADEQUACY, OR COMPLETENESS OF ANY INSPECTIONS, SERVICES, PRODUCTS, OR REPAIRS PROVIDED BY THIRD PARTIES; (II) IS NOT RESPONSIBLE FOR VERIFYING SQUARE FOOTAGE, REPRESENTATIONS OF OTHERS, OR INFORMATION CONTAINED IN PROPERTY REPORTS, LISTINGS, OR PROMOTIONAL MATERIALS ORIGINATING FROM THIRD PARTIES; AND (III) DOES NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
16. Limitation of Liability; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AEGIS OR ITS BROKER, AGENTS, EMPLOYEES, CONTRACTORS, OFFICERS, OR REPRESENTATIVES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF AEGIS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR OTHERWISE UNDER THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID AEGIS FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND NOTHING IN THESE TERMS LIMITS ANY NON-WAIVABLE DUTY AEGIS OWES YOU UNDER A SIGNED BROKERAGE AGREEMENT OR UNDER CALIFORNIA REAL ESTATE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATES RISK BETWEEN THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE AGREEMENT.
Indemnification. You agree to defend, indemnify, and hold harmless Aegis and its broker, agents, employees, contractors, officers, and representatives from and against all claims, liabilities, damages, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to (a) your use or misuse of, or access to, the Services or Content; (b) your User Content; (c) your violation of these Terms or of any applicable law, regulation, or third-party right; (d) your interactions or transactions with any third party; or (e) any other party's access to or use of the Services using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
17. Dispute Resolution: Informal Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SURVIVES TERMINATION OF THESE TERMS.
A. Informal Resolution First
Before initiating any arbitration or court proceeding, you and Aegis agree to first attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the Services (a "Claim") informally for at least sixty (60) days. To begin this process, you must send a written notice of dispute, personally signed by you, to Aegis Luxury Real Estate, Attn: Legal, 10080 N Wolfe Road, SW3-200, Cupertino, CA 95014, describing the nature of the Claim, the relief sought, and your contact information. Aegis will send any notice of dispute to the contact information we have for you. Completing this informal dispute-resolution process is a condition precedent to commencing arbitration, and any applicable statute of limitations will be tolled during the process.
B. Binding Arbitration
Except as set forth below, you and Aegis agree that any Claim not resolved informally will be resolved solely by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org or 1-800-778-7879), rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act. The arbitration will be conducted by a single arbitrator, and any in-person hearing will take place in the county where you reside, unless you and Aegis agree otherwise. Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules. The arbitrator may award the same damages and relief available under applicable law on an individual basis, including injunctive and declaratory relief in favor of the individual party seeking relief, and judgment on the award may be entered in any court of competent jurisdiction. Any request for "public injunctive relief" that cannot be arbitrated under applicable law must be brought in court, and the parties agree that litigation of any such request shall be stayed pending arbitration of all arbitrable Claims.
C. Class Action and Jury Trial Waiver
YOU AND AEGIS EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate another person's claims with yours and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable as to a particular Claim, then that Claim (and only that Claim) shall proceed in a court of competent jurisdiction, and all other Claims shall remain subject to arbitration. To the extent any Claim proceeds in court rather than arbitration, YOU AND AEGIS EACH WAIVE ANY RIGHT TO A TRIAL BY JURY to the fullest extent permitted by law.
D. Exceptions and Opt-Out
This Section does not preclude either party from (i) bringing an individual Claim in small claims court if it qualifies; (ii) seeking provisional or interim relief from a court of competent jurisdiction to protect its rights pending arbitration; or (iii) filing or participating in proceedings before governmental agencies. You have the right to opt out of this arbitration agreement entirely by sending Aegis a personally signed written notice of your decision to opt out, by mail to Aegis Luxury Real Estate, Attn: Legal, 10080 N Wolfe Road, SW3-200, Cupertino, CA 95014, or by email to [email protected], within thirty (30) days after you first agree to these Terms. Opting out of arbitration will not affect any other provision of these Terms.
18. Governing Law and Venue
These Terms, and any Claim arising out of or relating to them or the Services, are governed by the laws of the State of California, without regard to its conflict-of-laws principles, and applicable federal law (including the Federal Arbitration Act with respect to Section 17). Subject to Section 17, you and Aegis agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California for any Claim that is not subject to arbitration, and each party waives any objection to jurisdiction or venue in those courts.
19. Changes to These Terms
We may update these Terms from time to time in our discretion. When we make changes, we will post the updated Terms on the Sites and update the "Last Updated" date above; if a change is material, we will provide notice as required by applicable law, which may include a prominent notice on the Sites or an email to registered users. Changes are effective when posted unless otherwise stated. Your continued use of the Services after updated Terms take effect constitutes your acceptance of the updated Terms; if you do not agree, you must stop using the Services. Any changes to Section 17 (Dispute Resolution) will not apply to Claims for which either party has already provided written notice of dispute, and you may reject a material change to Section 17 by providing written notice within thirty (30) days of the change, in which case the prior version of Section 17 will continue to apply to you.
20. General Provisions
- Entire Agreement. These Terms, together with the Privacy Policy and any state-mandated disclosure forms or signed agreements provided to you separately, constitute the entire agreement between you and Aegis with respect to the Services and supersede all prior or contemporaneous communications regarding the Services.
- Severability. If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
- No Waiver. Our failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of these Terms. Any waiver must be in writing to be effective.
- Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent, and any attempted assignment in violation of this provision is void. We may assign or transfer our rights and obligations without restriction.
- Force Majeure. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including mechanical, electronic, or communications failure or degradation, or acts or omissions of third parties.
- No Agency. Except as created by a signed brokerage agreement, no agency, partnership, joint venture, or employment relationship is created by these Terms or your use of the Services.
- Headings. Section headings are for convenience only and do not affect interpretation.
- Notices. Except as otherwise specified, notices to Aegis must be in writing and sent to the address in Section 21, and notices to you may be provided via the Services or the contact information associated with your account or inquiry.
21. Contact; License and Consumer Notices
Questions, complaints, or claims regarding the Services may be directed to:
- Aegis Luxury Real Estate, Attn: Legal, 10080 N Wolfe Road, SW3-200, Cupertino, CA 95014
- Phone: (408) 207-4593
- Email: [email protected]
Aegis Luxury Real Estate is a California-licensed real estate broker, CA DRE# 01328224. Equal Housing Opportunity.
Notice to California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.