Welcome to ChalkBug.com (the “Website”). This Website, together with the applications, content, data, images, videos, products, and services provided through the Website (collectively known as the “Service”) are made available by Freisoft, Inc. (“Freisoft”, ChalkBug, “we” or “us”). The term “Service” also includes any new functionality, new version, or evaluation version of the Service as made available from time to time to the public.
The following Terms and Conditions (“Terms”), which include the ChalkBug Privacy Notice located at www.ChalkBug.com, govern the access or use by you, an individual, to the Service by Freisoft, Inc. They supersede any prior agreement or arrangement between Company and you.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. By accessing or using the Service, you agree to be bound by these Terms, which establish a contractual relationship between you and Freisoft, Inc. If you do not agree with these Terms, you may not use this Service.
We may terminate these Terms or any Service with respect to you, or deny access to, or cease offering the Service or any portion thereof at any time for any reason.
Supplemental terms may apply to certain services, and will be disclosed to you in application with the Service. Supplemental Terms are in addition to, and shall be deemed a part to the Terms for the purposes of the applicable Service. Provisions of the Supplemental Terms shall prevail over the similar provision in these Terms if there is a conflict with respect to the applicable Service.
The Service provides the ability to a user to research information about real estate property, and the amounts for which similarly situated property have been sold.
In addition, the Service provides the ability to a user to research historical information about schools’ performance in particular locations and areas, as collected before 2014.
The Service also features content obtained under license from MLSListings Inc. (“MLS Content”). Your use of such content is subject to the provisions provided below in the section “Multiple Listing Service Terms.”
The Service also includes school and school score information from multiple sources, including county records, school districts, and the California Department of Education.
All information included as part of this Service is provided free of charge, as a user convenience and is intended for informational purposes only. As such, Freisoft Inc. does not guarantee the accuracy or completeness of such information and it will not be responsible for any errors, omissions or deficiencies in such information. You assume sole responsibility for all the risks associated with errors, omissions or deficiencies in such information or with the use of this information and further agree that Freisoft Inc. is in no way responsible for any consequences whatsoever arising from your interpretation of information contained within this Service.
Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Service and any applications, content, products and services available through the Service solely for your personal use and not for any commercial purpose. Any rights not expressly granted herein are reserved by Freisoft, Inc. and its licensors.
You may not:
(a) Remove any copyright, trademark or other proprietary notices from any portion of the Service;
(b) Reproduce, modify, create derivative works from, distribute, provide access to, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted in these Terms;
(c) Decompile, disassemble or reverse engineer any portion of the Service except as permitted by applicable law;
(d) Link, mirror or frame any portion of the Service;
(e) Attempt to gain unauthorized access to, or impair any aspect of the Service, or its related systems or networks;
(f) Use any spider, robot, crawler and conduct any other automated activity with the purpose of obtaining information from the Service;
(g) Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or data mining any portion of the Service, or unduly burdening or hindering the operation and/or functionality of any aspect of the Service. As a limited exception, publicly available search engines and similar Internet navigation tools may query the Service and provide an index with links to the Service, only to the extent that is allowed by applicable copyright law.
Multiple Listing Service Terms
The data relating to real estate for sale displayed on this Website comes in part from the Internet Data Exchange program of the MLSListings MLS system. Real estate listings held by brokerage firms other than Alain Pinel Realtors are marked with the Internet Data Exchange icon (a stylized house inside a circle), and detailed information about them includes the names of the listing brokers and listing agents.
MLSListings Inc. MLS, whose website is located at www.MLSListings.com, owns all right, title and interest including all intellectual property rights in the MLS information displayed on the Website. MLSListings, Inc. has granted Freisoft, Inc. the necessary licenses to display the MLS content on the Website.
In using this Service you:
(a) Acknowledge and agree that MLS information that you obtain from the Service is intended for your personal, non-commercial use;
(b) Represent that you have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the Website;
(c) Agree not to copy, redistribute or retransmit any of the MLS Listings, Inc. content or information provided on the Website;
(d) Acknowledge MLSListings Inc.’s ownership of the MLS Content and the validity of its copyright in the MLS Content.
With respect to all MLS Content displayed on the Website in response to a search, the results will provide material based on information from MLSListings MLS as of a specific date (which will be indicated on the ChalkBug.com website). In addition, all data, including all measurements and calculation of area will have been obtained from various sources, and will not have been verified by the broker or the MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office or agent presenting the information.
The information from the MLSListings MLS is updated at least every 72 hours except in the case of system failure. Some properties appearing for sale on this Website may have been sold after the last update of the information and before the next update, and may no longer be available. For more recent information, users should contact email@example.com.
Intellectual Property Ownership
The Service and all parts or components thereof (including without limitation all source code, data, images, videos and other content that comprise the Service) are and shall remain the property of Freisoft, Inc. or that of its licensors. Except for the limited license granted above, neither these Terms nor your use of the Service convey or grant you any right in or related to the Service, or the right to use or reference in any manner the company names, logos, product name, service name, trademark or service mark of Freisoft, Inc. or those of its licensors.
Freisoft, Inc, the ChalkBug logo and other Freisoft, Inc. trademarks, service marks, graphics, and logos used in connection with the Service, are trademarks or registered trademarks of Freisoft, Inc. in the U.S. Other trademarks and logos used in connection with the Service are the trademarks of their respective owners. Nothing in these Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on the Website without the written permission of Freisoft, Inc. or its third-party licensors, or any third party.
Third Party Links and Third Party Websites
We encourage you to read all related terms and conditions for each website you visit as they have different conditions regarding your access and use.
User Requirements and Conduct
Children and Minors
You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18) to use the Service. In addition, the website is not directed to children who are under 13 years of age.
User Requirements and Conduct
You may use the Service only for lawful purposes. You agree to comply with all applicable laws when using the Service.
You will not use the Service to cause nuisance, annoyance, inconvenience or property damage, whether to us or to our Licensors or any other party.
You are prohibited from using the Service:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) In violation of any foreign, federal, or state regulations, rules, laws or local ordinances;
(d) To infringe upon or violate intellectual property rights or privacy rights of a third party;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or any other type of malicious code that may be used in any way that will affect the functionality or operation of this Website, other websites, or the Internet;
(h) To spam, phish, pharm, pretext, spider, crawl, or scrape this Website;
(i) For any obscene or immoral purpose; or
(j) To interfere with or circumvent the security features of this Website, other websites or the Internet.
We reserve the right to terminate your use of the Service for violation of this provision.
Disclaimer of Warranties
We do not control all of the information available via the Service. Some of the information available through the Service either is transmitted to us from other entities or is obtained through publicly available government sources. The existence of third party content on this Service should not be construed as an endorsement, approval, or sponsorship of the third party or its content unless expressly indicated.
YOUR USE OF AND RELIANCE UPON THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UP-TO-DATE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE CURRENT, ACCURATE, RELIABLE, OR SUITABLE FOR YOUR PURPOSE. YOU OBTAIN ANY MATERIAL OR INFORMATION USING THE SERVICE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR INFORMATION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY PURCHASE, OTHER DECISION THAT YOU MAKE BASED ON THE MATERIAL, OR INFORMATION OBTAINED USING THE SERVICE. NO INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSS RELATED TO OR ARISING OUT OF (A) YOUR USE OF, OR RELIANCE ON, THE SERVICE, OR (B) ANY THIRD PARTY’S USE OF THE SERVICE; OR (C) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICE, LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY OR PROPERTY DAMAGE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS APPLY WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
THE SERVICE IS PROVIDED AT NO COST TO YOU. IN NO EVENT FREISOFT INC’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $50.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS ABOVE DO NOT APPLY TO YOU. DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Freisoft, Inc. its directors, officers, employees, agents, licensors, business partners and affiliates harmless from any and all claims, demands, losses, liabilities and expenses (including attorneys’ fees) made by any third party arising out of, or in connection with (a) your breach or violation of these Terms, (b) your use of the Service or of any information obtained from or through the Service, or (c) your violation of any law or the rights of a third party including the rights of our licensors.
We reserve the right, at our sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or amend the Terms. Amendments to the Terms will be effective immediately upon posting the revised version of these Terms. Your continued use of the Service after the effectiveness of such changes will constitute acceptance of and agreement to any such changes, and your consent to be bound by the amended Terms
When you visit this Website or send emails to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices and disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may e-mail communications to the address provided in the “How to Contact Us” section.
The Terms will remain in effect until you notify us that you no longer wish to use the Service or you cease to use the Service. However, all provisions of the Terms that may require continued performance, compliance, or effect beyond the termination of these Terms will survive such termination and will be enforceable. We may also terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to this Service, if in our sole discretion, you fail to comply with any term or provision of these Terms.
Choice of Law and Forum
These Terms are governed and construed in accordance with the laws of the State of California, without giving effect to its conflict of law provisions. You agree to submit to exclusive personal jurisdiction and venue of the state and federal courts located in San Jose, California for all disputes, claims, and actions arising from or in connection with the Service and/or these Terms.
Additional Legal Terms
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified to render it enforceable and effective to the maximum extent possible in order to affect the original intention of the provision and the remainder of the Terms will continue in effect.
This Agreement constitutes the entire, complete and exclusive agreement between you and Freisoft, Inc. regarding the Service 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.
Freisoft, Inc. failure to act with respect to a breach of this Agreement by you or others does not waive its right to act with respect to that breach or subsequent similar or other breaches.
You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation will be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you.
The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
How to Contact Us
If you have any question about these Terms or any complaint about the Service, please contact us at firstname.lastname@example.org