GENERAL PROVISIONS

Welcome to the Ghirardore.com website (the “Website”). Please read our Terms of Use (the “Terms”) carefully before continuing on with your use of this Website. These Terms shall govern the use of the Website and apply to all Internet traffic visiting the Website. By accessing or using this Website, you agree to the Terms. The Terms are meant to protect all of our visitors and your use of this Website signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE.

Innovative Properties, Inc., a California Corporation, doing business as Ghirardo Real Estate Group, (“We”, “Us”, “Our”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

This Website will permit you to link to many other websites, that may or may not be affiliated with this Website and/or Ghirardo Real Estate Group, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such websites through links provided on this Website is governed by the terms of use and policies of those sites, not this Website.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Website is controlled and operated by Ghirardo Real Estate Group, 7200 Redwood Blvd., Ste. 401, telephone (415) 897-5678. All content on this Website, including, but not limited to text, images, and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Ghirardo Real Estate Group or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Ghirardo Real Estate Group. Content on this Website or any Website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Ghirardo Real Estate Group or the Providers. Without the prior written consent of Ghirardo Real Estate Group or the Providers, your modification of the Content, use of the Content on any other Website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of Ghirardo Real Estate Group and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Website, you warrant to Ghirardo Real Estate Group that you will not use our Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, nor in violation of the Acceptable Use Policy of the Website hosting service provider, which can be accessed at need ISP link info. If you violate any of these Terms, your permission to use our Website immediately terminates without the necessity of any notice. Ghirardo Real Estate Group retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your Website any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another Website any of the Content or other materials on this Website without prior written consent of Ghirardo Real Estate Group.

PROHIBITED ACTIVITIES

You are specifically prohibited from any use of this Website, and You agree not to use or permit others to use this Website, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Website; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content without our prior written permission.

LINKS

This Website may contain links to other Websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Ghirardo Real Estate Group’s control, and Ghirardo Real Estate Group is not responsible for, and does not endorse, such content, whether or not Ghirardo Real Estate Group is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Website or provide any links that state or imply any sponsorship or endorsement of your Website by Ghirardo Real Estate Group, or its affiliates or Providers.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, GHIRARDO REAL ESTATE GROUP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GHIRARDO REAL ESTATE GROUP, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. GHIRARDO REAL ESTATE GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT GHIRARDO REAL ESTATE GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER GHIRARDO REAL ESTATE GROUP, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE (INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE). BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GHIRARDO REAL ESTATE GROUP AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GHIRARDO REAL ESTATE GROUP IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, GHIRARDO REAL ESTATE GROUP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ghirardo Real Estate Group, the Providers, and Website hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

THIRD PARTY RIGHTS

These Terms are for the benefit of Ghirardo Real Estate Group, its Providers, and Website hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

JURISDICTIONAL ISSUES

Unless otherwise specified, the Content contained in this Website is presented solely for your convenience and/or information. This Website is controlled and operated by Ghirardo Real Estate Group from its offices within Novato, CA. Ghirardo Real Estate Group makes no representation that Content in its Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Website in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Ghirardo Real Estate Group brings to enforce these Terms, or in connection with any matters related to this Website, shall be brought only in either the state or Federal courts located in and for Marin County, California and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from these Terms and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Ghirardo Real Estate Group, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY GHIRARDO REAL ESTATE GROUP.