619-807-3167 frank@frankgrannis.com

 

Terms of Service

Frank Grannis

 LAST UPDATED: June 20, 2023

 

 FRANK GRANNIS, INC. (“Frank Grannis,” “us,” “our,” or “we”) created these Terms of Service (the “Terms”) for you to understand the rules that apply when you visit and/or use the website located at www.frankgrannis.com and our social media channels (individually and together, the “Service”). By using the Service, you agree to the following:

  1. You Agree to the Terms. You acknowledge that you accept these Terms and our Privacy Policy (incorporated into these Terms by reference). If you don’t agree with the Terms, then you may not use the Service. We reserve the right in our sole discretion to change, modify, add or delete portions of the Terms and the Privacy Policy at any time. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. If you continue to use the Service after we make changes, you agree to the changes.
  1. Eligibility. The Service may not be used by anyone under the age of 18 without the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that you are at least 18 years of age (or the age of legal minority under applicable law), or if not, that you have reviewed these Terms with your parent or legal guardian and that person agrees to be bound by these Terms.
  1. License and Restrictions. We grant you a limited license to use the Service for your personal use only. You may not use the Service in any way that interferes with our ownership rights in the Service, and we may terminate your access to the Service if you are in breach of these Terms. The following activities may also result in termination of your access to the Service:

(a)       Commercially exploiting the Service, meaning you cannot use, sell, lease, or participate in any other activity that serves to generate income from the Service;

 (b)       Making a copy of the Service or any portion of the Service, except as allowed under these Terms;

 (c)       Using any data mining tools or automation tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Service or its contents;

 (d)       Reverse engineering, decompiling, disassembling, translating, preparing derivative works based on or otherwise modifying the Service, in whole or in part;

 (e)       Removing, obscuring or modifying any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsifying or deleting any author attributions, legal notices or other labels of the origin or source of the material;

 (f)        Misrepresenting the source of ownership of the Service; and

 (g)       Conducting any other activity that might be considered illegal or tortious. This includes, without limitation, “hacking” the Service, infringing the intellectual property or other rights of third parties, modifying, altering, translating, reverse engineering, decompiling or disassembling the Service or related documentation or creating derivative works based on the Service.

  1. Ownership. 

(a)       Frank Grannis Materials. We retain all right, title, and interest in and to the Service and all related patent, copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (“Rights”).

 (b)       User Content. If you provide us with feedback regarding any aspect of the Service, we will own all rights in and to such feedback and any derivative products or services developed from the feedback.

 The Service allows you to post comments, links, and other material (“User Content”). You are responsible for the User Content you post on or through the Service. By posting User Content on or through the Service, you represent and warrant that: (i) the User Content is yours or you have the right to use it and (ii) the User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You grant Frank Grannis the license to use, modify, publicly perform, publicly display, reproduce, and distribute User Content on and through the Service.

(c)       Third Party Content. The Services may include third-party content and links to websites or content owned or operated by third parties (“Third Party Content”). We do not own or control any Third Party Content and make no representation or warranties of any kind regarding the Third Party Content. If you use any of these third-party products or services, you assume all risks and liabilities. We may also link to other websites. We have no control over these external websites and will not be liable for any content, advertising, products, or other materials on or available from those external websites. Third parties should have their own terms of service and privacy policies, so be sure to check those out.

  1. Third Party Products and Services. Our Service may include products and services from people or companies that are separate from us (“Third Party Providers”). Even though we may link you to Third Party Providers, we have no control over their products or services or the platforms they are offered on. Therefore, we are not responsible for any content, advertising, products, or other materials on or available from Third Party Providers. Please note Third Party Providers may have their own terms of use and privacy policies which you must comply with.
  2. Information Provided Through the Service. Frank Grannis strives to provide accurate and up-to-date information; however, the content provided through our Service may not always be accurate, complete or up-to-date. Furthermore, the content is subject to change at any time without notice. Frank Grannis reserves the right to change any products, services, and other information offered through the Services at any time. Not all of our products are available in all geographic areas. Your eligibility for our products and services is subject to final approval and acceptance by Frank Grannis at its sole discretion.
  3. Creating an Account. Portions of the Service allow you to create an account with Frank Grannis (“Account”). To register your Account, you will need to create a password and may need to provide us with your full name, email address, home address, country, state, and zip code. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur through your Account. You will notify us immediately of any unauthorized use of your Account or any other breach of security. Frank Grannis will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by Frank Grannis or another party due to someone else using your Account or password. You may not use anyone else’s Account at any time, without the permission of the Account holder.

When you create an Account, you will be subscribed to newsletters, marketing or promotional materials, and any other information Frank Grannis may send to you via email, SMS, text messaging automated voicemail drops and push notifications. You may opt out of receiving e-mail communications by clicking on the unsubscribe link provided in any e-mail sent by us and then following the affiliated instructions provided. You may opt out of receiving SMS and text messaging by replying “STOP” to any text sent by Frank Grannis. You may opt out of receiving phone calls by communicating that preference when receiving a phone call from us. We will make commercially reasonable efforts to comply with any communications from you requesting an opt out of communications.

  1. How We Use Your Personal Information. For information on how we use your personal information while you use the Service, please review our Privacy Policy.
  1. Stay Connected. In order to access and use the Service, you need to have and maintain adequate internet connection. You are fully responsible for obtaining and maintaining internet access.
  1. Modifying/Terminating Services. We reserve the right to modify, update, or discontinue our Services, or any features, or portions thereof, without prior notice. You agree that we can suspend or terminate your right to access our Services at any time for any reason without notice, obligation, or liability to you.
  1. State Specific Notes.

(a)       California. Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints in writing with The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or via telephone at (916) 445-1254 or 1-800-952-5210, or via e-mail at dca@dca.ca.gov. The name, address, and telephone number for Frank Grannis is listed below under Contact Information.

(b)       New Jersey.  Any disclaimer, limitation of liability, indemnification or damages provision contained herein shall apply to New Jersey residents and/or New Jersey transactions only to the extent permitted either by New Jersey law or public policy.

  1. NO WARRANTIES AND LIMITATION OF LIABILITY.

 (a)      THE SERVICES AND CONTENT, INCLUDING THAT FROM AGENTS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

(b)       You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not assume any responsibility or liability or make any warranties or guarantees that any Content you access on or through the Services is or will continue to be accurate, safe, or legal. All Content and information is subject to errors, omissions, changes in price, prior sale or rental, or withdrawal without notice. No representation, warranty, covenant, or guarantee is made as to the accuracy of any description. All measurements and square footages are approximate and may not be relied upon by you. All information should be confirmed by you.

(c)     We make no representations or warranties concerning any Content contained in or accessed through the Services, including that from agents, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services or for any actions you may take as a result of having been exposed to the Services. If any sample or other contracts are provided or otherwise obtained through the Services, we do not warrant that such terms will sufficiently cover the relationship you seek to develop by entering into such terms, nor do we represent, warrant, or guarantee that such terms are legal, binding, adequate, complete or in any way appropriate for your intended purposes. It is your responsibility to consult with independent legal counsel prior to entering into any contract or agreement with a third party.

(d)     WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LISTING, PROPERTY, CONTRACT, CONTENT, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING THAT FROM AGENTS, THROUGH THE SERVICES OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF LISTING INFORMATION, PROPERTIES, CONTENT, OR SERVICES. You acknowledge and agree that we (i) do not decide what price is appropriate for the Listing; (ii) do not guarantee the condition of any properties or the performance, adequacy, or completeness of inspections, services, products, or repairs; (iii) do not have any obligation to conduct any inspections whatsoever, including, without limitation, of common areas, offsite areas, or other aspects of the properties; (iv) have no responsibility for identifying defects with the property or inspecting public records or permits regarding title or use of the properties; (v) are not responsible for verifying square footage, representations of others, or information contained in any property reports, Listings, or promotional materials; and (vi) are not responsible for providing legal or tax advice regarding any transactions. Listings and related information provided from third parties are provided solely as a convenience, and Frank Grannis has not reviewed or confirmed any information originating from any sources, including that from Agents.

(e)       WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE GREATER OF $1,000 OR THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. Indemnity. You will indemnify, defend, and hold Frank Grannis, its partners, affiliates, contractors, officers, directors, employees, and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts or your failure to act when using the Service.
  1. Accessibility. We are committed to giving you the best possible experience through our Service. If you have a question or concern about your ability to access our Service, let us know by filing a notice as described in Section 15 below. For more information regarding Frank Grannis commitment to the accessibility and usability of our website, please review our Accessibility Statement.
  1. Disputes and Claims.

(a)       Notice of Dispute or Claim. You will not file any legal action against Frank Grannis in any forum without submitting a detailed description of your dispute or claim to Frank Grannis at frank@frankgrannis.com (“Claim”). The information you provide to us must include specific information about the Claim such as the nature of the issue, the website page(s) affected by the issue, reference to any legal authority governing the issue, such as citations to state privacy laws, CANSPAM statutes, or similar regulations, and any other information a reasonable person would consider relevant to resolving the issue.

(b)       Resolution Process. Frank Grannis has ninety (90) days to respond to your email notice. If you send more than one (1) email notice, the 90-day response timeline applies separately to each email notice you send. If your issue is not resolved within ninety (90) days, you have thirty (30) days to request an informal mediation about the issue with Frank Grannis. If Frank Grannis agrees to mediation, the mediation will take place in San Diego, California with a professional mediator to be mutually selected by the parties. The parties will split the costs of mediation equally. 

(c)       Litigation. If a dispute between you and Frank Grannis cannot be resolved informally or through mediation, litigation may be commenced either in the district court of San Diego County, California, for state court cases, or in the United States District Court for the Southern District of California for federal court cases. Each Party agrees to submit to the exclusive jurisdiction of such courts with respect to any dispute(s) and agrees not to bring any dispute(s) in any other court or adjudicative body. Each Party hereby consents to venue and personal jurisdiction in such courts with respect to such dispute(s) and irrevocably waives any right that it may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

(d)       Jury and Class Action Waiver. YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.

 (e)       Time Limitation. Any Claims must be filed within two (2) years after the cause of action arose and you waive any statute of limitations to the contrary.

(f)        Governing Law/Attorney’s Fees. These Terms will be governed by the laws of California without giving effect to applicable conflict of law provisions. The substantially prevailing party in any dispute litigation regarding any Claim will be entitled to recover reasonable attorney’s fees and costs, including expert costs. 

(g)       Injunctive Relief. Your breach of these Terms is likely to cause immediate and/or irreparable harm to Frank Grannis. As such, we may seek injunctive relief against you without the need to post bond.

  1. General.

(a)       Our Relationship. You and Frank Grannis are independent parties and nothing in these Terms creates an employment or agency relationship.

(b)       Severability. If any provision of the Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances.

(c)       Assignment. The licenses we grant to you are for you and you alone. You may not transfer or assign these Terms or licenses without our express written consent.

(d)       Section Headings. The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms.

(e)       Waiver. The failure of either you or us to enforce any right or provision in the Terms will not constitute a waiver of such right or provision.

(f)        Entire Agreement. The Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Service. 

  1. Our Contact Information. If you have questions regarding the Terms, please contact us at frank@frankgrannis.com or at our address below:

FRANK GRANNIS, INC.

3007 Calle Cortejo

Rancho Santa Fe, CA 92091

Phone: (619) 807-3167