Terms of Use

By using the Real Estate section of Petworth News and the website's related content and services, you agree to be bound by the following terms of use (these terms may be updated without notice). These terms are also really long and officious. 

Disclaimer
Petworth News is the personal blog of Drew Schneider (dba "Petworth News"). The Real Estate section of Petworth News is provided for consumers for informational and entertainment purposed only. While there is a good-faith presumption of content accuracy, Petworth News does not guarantee the accuracy of any real estate information provided by the listing agents. All content (text, imagery, pricing, etc.) for listings are provided by the listing agent or entity. Petworth News is not a lender, loan originator, loan processor, or underwriter, nor a registered real estate agent, broker or brokerage and makes no implied ability, expertise or authority in real estate. Petworth News does not aid or assist consumers in researching or obtaining loans, or in finding a real estate brokerage or qualified agent. 

Equal Housing Opportunity Statement (view US policy)
Petworth News is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. 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, handicap, familial status, or national origin.

All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. 

Permissible Use
Lending professionals and institutions are prohibited from using information provided by the Real Estate section of Petworth News in making any loan-related decisions. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Real Estate section of Petworth News only as necessary for your personal use to view, save, print, fax and/or email such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Real Estate section of Petworth News. You may link to any publicly accessible page on the Real Estate section of Petworth News so long as Petworth News is cited as a source.

Acceptable Use
You agree not to use the the Real Estate section of Petworth News in any way that is unlawful, or harms Petworth News, the real estate listing agents, brokerages or any other user. You agree not to distribute spam, chain letters, pyramid schemes, or similar communications through the email / contact features of Petworth News. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Real Estate section of Petworth News on third-party websites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any content, profile information about real estate, lending or other professionals, underlying images of or information about real estate listings, or other data or content available through the Real Estate section of Petworth News. Some of the listings use Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html.

Bots, Spiders, Scrapers, etc. 
Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Real Estate section of Petworth News) are strictly prohibited, unless you have received express written permission from Petworth News. As a limited exception, publicly available search engines may query the Real Estate section of Petworth News and provide an index with links, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. 

Contacting a Listing Agent
If you, as a consumer, choose to contact a real estate agent through the Real Estate section of Petworth News by filling out a contact form, you authorize Petworth News to provide your name and contact information and other identifying information you provide to the applicable real estate agent. You agree that Petworth News is not responsible or involved in any communications, inquiries or transactions made with any third-party (buyer, seller, real estate agent, brokerage or other). Questions regarding any listing should be directed to the agent responsible. 

Disclosures and Consent
By using this website, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. For specific information regarding applicable disclosures and consent, please see Petworth News Terms of Use. 

Intellectual Property
The Real Estate section of Petworth News is the property of Petworth News, and subject to the intellectual property rights. © 2015-2016 Petworth News. All rights reserved. The names of actual companies, products and services mentioned on this site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Petworth News does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided on the Real Estate section of Petworth News. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.

No Warranty
Petworth News provides advertising real estate listing and information "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Petworth News and its advertising clients make no representations, warranties or conditions, express or implied. Petworth News and its advertising clients expressly disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (a) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (b) warranties or conditions arising through course of dealing or usage of trade, and (c) warranties or conditions of uninterrupted or error-free access or use.

Liability Limitation
In no event will Petworth News or its advertising clients be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from these terms of use or your use of the website, even if such party has been advised of the possibility of such damages. The exclusion of damages under this paragraph is independent of your exclusive remedy set forth below and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you do not agree with any part of these terms of use, or you have any dispute or claim against Petworth News or its advertising clients with respect to these terms of use or the services, then your sole and exclusive remedy is to discontinue using the services.

Changes to Terms
Petworth News reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to PetworthNews.org. Your continued use of Petworth News after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Petworth News may alter, suspend or discontinue the Real Estate section of the website at any time to you and/or to others, without notice.

Disputes
These Terms of Use are governed by the laws of the District of Columbia, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Washington, DC for any and all disputes, claims and actions arising from or in connection with the website and/or these Terms of Use. 

Indemnification
You agree to defend and hold Petworth News, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Petworth News website, your violation of any law or the rights of a third party.

Release
You release Petworth News, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

General 
If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Petworth News may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any. Petworth News’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Petworth News with respect to the Real Estate section of the Petworth News website, and supersede all prior or contemporaneous communications of any kind between you and Petworth News with respect to the Real Estate section. 


Additional Terms for Advertising Clients

By paying to advertise / list content and/or profile on the Real Estate section of Petworth News (“the site publisher”) and using the section’s related content and services, the listing agency/agent (“client”) agree to be bound by the following terms of use (may be updated without notice). Note the Petworth News Real Estate section is in "beta" (public testing) and is not yet and may not be a permanent feature of the Petworth News blog. The Petworth News Real Estate section may be discontinued, paused or restarted at any time, with or without notice, with no refunds offered for any purchases made by clients. 

Copyright Permission
Client must provide all real estate listing content. By submitting content for display on the Real Estate section of Petworth News, the client provides Petworth News with the right to display, publish, transmit and communicate the content or parts of the content for an unlimited amount of time for purposes of promoting the client listing or the Real Estate section of Petworth News. Furthermore, by submitting content, client affirms that client owns the content or has the permission of any third-party to republish the content free of any intellectual property claim, and indemnify and hold harmless Petworth News, Drew Schneider or any person acting on behalf of Petworth News against any copyright infringement claim.

If you believe content on the Real Estate section of Petworth News violates a copyright claim, please contact Petworth News and send the url of the page.

Accuracy of Information
Client agrees that all content, images and information are as accurate as reasonably possible and will contact Petworth News with updates as needed to maintain the most accurate listing possible. Client will indemnify and hold harmless Petworth News, Drew Schneider or any person acting on behalf of Petworth News against any claim of information inaccuracy or fraudulent content. Client must inform Petworth News when a listing is sold or otherwise no longer available to lease or purchase.

Payment and Period of Performance
All payments made by the client to Petworth News are due at the time of content submission, prior to publication and are non-refundable. Failure by clients to provide content in the required timeframe will result in the forfeiture of money paid. Any special accommodations or exceptions (e.g., rescheduling a property listing for a future date, offering a discount on future listings, etc.) made by Petworth News is made at the sole discretion of Petworth News. Petworth News will be the only party to determine if content submitted to the Real Estate section of Petworth News is acceptable for publication. Content submitted for publication may be edited or rewritten for spelling, grammar or clarity by Petworth News. Reasons for unacceptable content include but are not limited to images in the wrong format (only .jpg, .gif and .png files are accepted), and missing required content such as descriptions, property features, list price, etc. Required content is defined as any content that is marked with an asterisk and the text “Required” on the content submission form. Any property listing that sells prior to the end of the listing period will be removed per the request of the paying client, no prorated refund or discount will be provided for content removed at the request of the client or for intellectual property disputes. 

  • Featured Weekly Listing: Petworth News may promote up to two Featured Listings per week ( Wednesday to Tuesday), and published no later than 2 business days after submission by client to Petworth News. Content will be taken down at the termination of the period, unless client pays for a Regular Property Listing. Cost is $150 per week with an Agent Profile ($100 reservation fee, $50 listing fee), or $200 for the week without an Agent Profile ($100 reservation fee, $100 listing fee). The reservation fee of $100 is due at time of reservation in order to guarantee placement on requested date (assuming the date is open; client is responsible for checking the Reservation Calendar prior to submitting a reservation). All fees are non-refundable.
  • Agent Profile: Displays for 90 days (published no later than 2 working days after submission by client to Petworth News). Payment is due at time of order and is $200 for three months. Payment is non-refundable.
  • Regular Property Listing: Displays for 7 consecutive days (published no later than 2 working days after submission by client to Petworth News). Lower-priced Regular listings are $50 for the week with an Agent Profile, or $100 for the week without a profile. Payment is due at time of order. All fees are non-refundable.

Submission Due Dates

  • Featured Weekly Listing: Future dates may be reserved at any time, up to two may be published concurrently. Content is due the Monday immediately before the requested Wednesday it is to be featured, and is displayed from that Wednesday to the next immediate Tuesday (unless the client requests the content to be taken down prior to the end date). Specific time of day for content to go live is not guaranteed. Failure to deliver content by 6pm on the prior Monday deadline may result in the Featured slot being offered to a different client and will result in any fees paid by client forfeited. (See Period of Performance for special accommodations or exceptions.)
  • Agent Profiles: Profiles (i.e., web pages in the Real Estate section that feature the biographical and contact information of the client, as well as current and past listings), are due 2 working days prior to the desired live date by client. 
  • Regular Property Listing: Listings are due no later than 2 working days past submission by client to Petworth News).

Communication with Users
Client must respond to all user requests through the Real Estate section of Petworth News. Client agrees that Petworth News is not responsible or involved in any communications, inquiries or transactions made with any third-party (buyer, seller, real estate agent, brokerage or other). Client is responsible for answers any and all questions regarding any listing by a user.

Materials You Provide
For materials you post or otherwise provide to Petworth News in connection with advertising on the Real Estate section (your "Submission"), you grant Petworth News an irrevocable, perpetual, royalty-free, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Real Estate section of Petworth news, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Petworth News will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Petworth News may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Petworth News the rights in this paragraph, that Petworth News’ use of the Submission will not infringe any third party rights and that the Submission complies with these terms. 

Claims of Copyright Infringement
Petworth News respects the intellectual property rights of others. Anyone who believes that their work has been reproduced on Petworth News in a way that constitutes copyright infringement may notify Petworth News in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
  • Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  • A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright infringement claims should be sent by email: drew@petworthnews.org

If you give notice of copyright infringement by text email, we may begin investigating the alleged copyright infringement; however, we must receive a signed statement as an attachment to your email before we are required to take any action.

Updated: April 8, 2016