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Terms of Use

Last update: September 9th, 2022

GENERAL TERMS

This website (architecturalist.com; the “Site”) is owned and operated by Architecturalist, LLC, a California limited liability company (sometimes referred to herein as “We” or “Us”).  These Terms of Use govern your use of the Site.  By visiting, viewing, accessing or interacting with the Site, you agree to be bound by these terms, including terms which may have changed since the time you last visited the Site.  Each visit constitutes consent to the current terms. By accessing or using the Site, you represent to Us that you are a resident of the United States, that you are old enough to have the legal capacity to contract and also no younger than 18 years of age. You are not otherwise permitted to access the Site or use or view its content.  You agree that you have been provided with access to our Privacy Policy.  If you do not agree to these terms, do not access or use the Site.

The Site permits visitors to interact with it and with other users or visitors in limited ways.  It allows Registered Users a greater degree of interaction.  Finally, it allows sellers and their agents (collectively, “Sellers”) and Bidders to exchange invitations to buy and sell real property.  All users and visitors of the Site are bound by the applicable Terms of Use, including such additional terms which you may be required to accept as a condition of accessing certain features/sections of the Site or as a condition of changing your registration/membership status. 

The site may contain, whether posted in comments to our listings or otherwise, images, files, information and/or links supplied by third parties (“Third Party Content”). We have no control over, or responsibility for, Third Party Content.  You acknowledge that the appearance of links to other websites within the Site does not constitute sponsorship or approval by Us of such websites or any of their content and we make no representation whatsoever as to any Third Party Content.

To the fullest extent allowed by law, we disclaim any and all warranties, statutory or otherwise, express or implies, as to the continent and function of the Site.  You agree to indemnify, defend and hold us harmless from and against any claims arising out of harm or damage which results from the operation of the Site or the publication, dissemination of information hereby, including disputes between buyers, sellers, users or agents, whether pertaining to property listed for sale, damage to computers or devices, defamation or the infringement of personal or business rights.  We make no guarantee that the Site will be free from downtime.  We reserve the right to make the Site unavailable for maintenance or any other reason, at any time and will not be responsible for such downtime or unavailability regardless of the reason. 

USER ACCOUNTS

By creating an account and becoming a Registered User, you expressly authorize us to communicate with you by email. Registered Users can unsubscribe at any time by using this link. Registered Users have access to greater Site interaction.  To become a Registered User, you must provide us with certain information.  In doing so, you represent to Us that you are at least 18 years old, you are creating an account for your own use, that all information supplied at the time of registration and thereafter will be true and accurate and that you will update Us of any material changes to such information.  You agree not to share your password or other log-in credentials with any other person.

Whether you create an account or not, you agree not to access the Site or post/transmit any files or information to the Site, to Us or to any other visitor which contains malware, viruses or any other code intended to inhibit, disrupt or interfere with the operation of the Site or any network or system or to infect or corrupt any device.  You agree not to misappropriate the identity of any person or entity, to defame or infringe the rights of any person or entity by use of the Site.  You agree not to copy, archive or scrape our data or content and agree only to use the Site for its intended purposes.  You agree not to use the Site or to conduct your interactions with the Site in a manner that is unlawful or fraudulent.  We reserve the right to temporarily suspend or permanently ban any user from access to the Site for violation of these Terms or any other reason, or no reason, in our sole and absolute discretion. 

REAL ESTATE LISTINGS, SUBMISSION OF BIDS

We are not parties to any of the transactions which may be facilitated by the Site; nor are we agents for You or any of the Sellers, Bidders, their agents or any other parties.  We simply provide a forum which helps Sellers attract interest in real property they are offering for sale and where interested parties may communicate and invite one another to engage in the purchase and sale of real property (the “Services”).

Listing

Only a Registered User may submit a property to be listed for sale on the Site.  A listing may be submitted here and must include a reserve price.  By submitting a listing, you agree to accept Bids through the Site for the duration of the listing and represent that you have actual and legal authority to market the property for sale, which means you are one of the following:

  • A licensed real estate professional with a signed written agreement
  • An individual owner of the property
  • A trustee, officer, manager or other agent/employee of a property owned by a trust or business organization

All information submitted for use in a listing must be true and accurate and shall not omit material information in a way that is misleading or deceptive. 

When we allow a listing to be posted, we will invest time, money and other resources to publish and market the listing.  By listing a property for sale on the Site, you agree to direct all interested parties to present Bids to purchase the corresponding property through the Site, including by express direction, with hyperlink, posted conspicuously on the MLS.  If you are not the listing agent or responsible broker, you agree to cause the listing agent and/or responsible broker to comply with this section.

When listing property for sale, you assume full responsibility for the property offered and the accuracy and content of the listing (except as to any photos and/or videos created and posted by Us, although you must immediately advise us if you believe a photo or video is of the wrong property or is otherwise misleading or inaccurate).

In the event we discover within a listing published on the Site information or other content which we deem to violate our policies or to be misleading, we reserve the right to modify, redact or delete at our sole discretion.  We may revise descriptions or other content in our sole discretion, whether to change the layout or arrangement of information, to correct perceived inaccuracies or to remedy a violation of our terms.  

A listing which we approve for publication on our Site may not be immediately published or accessible by our users. We have sole discretion as to the placement, quantity, size and appearance of listings.  We may remove or disable links included in user supplied content to the extent we deem such links to have an adverse impact on search engine results or otherwise at our discretion.

You must immediately advise Us if a property has sold, is no longer offered for sale, or if the authority of a listing agent or broker has terminated for any reason.  We charge a listing fee which must be paid at the time a property is submitted and is considered fully earned upon approval of the submission.  If we decline to publish or approve a listing, the listing fee shall be refunded.

The majority of our income is earned through fees charged to successful Bidders, as discussed below. In order to incentivize us to provide the Services, you agree to the following:  If we approve a listing which you submit and the owner then sells to a buyer who did not submit a bid through our Site, you agree to pay us one-half of the fee which would have been charged to a successful Bidder. 

We reserve the right to identify the Seller and, if applicable, his/her/its license and contact information on the Site.  If the Seller is a licensed real estate professional, the information disclosed may include the real estate license identification number and the name and license number of the responsible broker. 

Bidding

A “Bidder” is a Registered User who is prequalified by Us to present or submit a Bid via the Site.  A “Bid” shall mean a communication, submitted via the Site, of a price the Bidder is willing to pay for a given property (subject to applicable conditions and contingencies).  A Bid is not the legal equivalent of an offer.  A Bidder may submit a Bids up to the amount for which he/she/it has been prequalified.  A user who would like to become a Bidder must submit to our prequalification process, accessible here.  Our prequalification process is intended to preclude  from bidding those users who are not serious or who may not have the means to acquire a given property.  However, by prequalifying a Bidder, we do not guarantee that he or she has the means to purchase a property of any particular value.  Nothing we say or do should be construed as an opinion as to the past, present or future creditworthiness of any user, Bidder, person or entity, in general or at any particular point in time. 

We disclaim liability for the accuracy of information published on our Site.  You understand that the Site is intended to generate interest in available real property but is not intended to communicate or constitute (a) binding offers to purchase or sell or (b) information on which a party may reasonably rely when it comes to a decision to buy or sell.  Bidders are responsible for verifying any and all information published on the Site.  Prior to entering into a contract to purchase real property or making a binding commitment to purchase, Bidders should visit the property in person, and consult with appraisers, inspectors and other real estate professionals. 

There is no cost to submit a Bid.  However, a Bidder who submits a Winning Bid (defined below) will be charged a “Winning Bid Fee” (in the amount disclosed in the corresponding listing).  To submit a Bid, we may require a Bidder to allow Us to place an ACH hold on funds in an amount up to the amount of the Winning Bid Fee.  If a Bid is ultimately not deemed a Winning Bid, any hold will be released such that Bidder pays nothing.  By submitting a bid, you agree to pay the Winning Bid Fee if your bid is deemed the Winning Bid.

Seller reserves the right to accept the bid during the auction time and close the auction before the end of the auction.

Consummation

At the end of a listing period, the highest Bid submitted shall be deemed the “Winning Bid” if it is (a) equal to or greater than the reserve price set by the Seller or (b) deemed acceptable by the Seller.  In the event we disqualify the highest bidder, we may designate the next highest bid as the Winning Bid.  In the event of a Winning Bid, the Winning Bid Fee shall be deemed earned, shall be due, payable and nonrefundable from the corresponding Bidder (which will typically result in a release of the ACH hold to Us).  Bids, Winning Bids and other information communicated via the Site, including a Seller’s indication that a Bid is acceptable, are subject to the parties entering into binding written agreements in forms they deem acceptable.  We are not responsible for supplying or preparing such definitive transaction documents.  We are not responsible for enforcing any contracts entered into by the parties for the purchase and sale of real property or otherwise.  These Terms of Use are not to be construed as the terms of an agreement between Bidders/Sellers/users or anyone else other than you and Us.  There shall only be one Winning Bid per listing.  Once a bid is submitted, it may not be withdrawn.

DISPUTE RESOLUTION

You agree that any dispute arising out of your use of the Site or the activities contemplated by these Terms of Use shall be governed by California law.  You also agree to forego your rights to have such dispute adjudicated in state or federal court and to submit the dispute to binding arbitration instead.  Such arbitration shall be conducted by AAA and the parties shall have the right to conduct a reasonable amount of discovery, as determined by the arbitrator.  The arbitration shall be conducted in Los Angeles County.

To the extent relief relating to these Terms of Use, your use of the Site or the activities contemplated hereby is sought in any court, you agree that the courts within the State of California shall be the courts of exclusive jurisdiction.  

You and We acknowledge and agree that, to the fullest extent permitted by law, each of us waives the right to participate in any class or representative action, whether in court or arbitration. Unless a written agreement is reached to the contrary, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.  If a final court order precludes enforcement of this waiver as to any claim or remedy, then that claim or remedy, and only that claim or remedy, shall be severed from this agreement and be brought in a court of competent jurisdiction. In the event of such severance, You and We agree that the claims or remedies not subject to arbitration shall be stayed until all arbitrable claims and requested remedies are resolved by the arbitrator.  

The arbitration will be administered in accordance with the AAA arbitration rules or such other rules determined to be applicable by the arbitrator, not to contradict applicable portions of these Terms, as modified from time to time. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

Your liability for arbitration fees and arbitrator compensation shall be governed by the applicable rules.  Either party may make a request that the arbitrator award attorneys’ fees and costs which may be recoverable upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable rules and law.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

INTELLECTUAL PROPERTY

Our intellectual property includes trademarks, trade names, service marks, copyrights, slogans and logos in and to the content of our Site (“Our IP”).  You may not make reference to Us or the Site in any way which is reasonably likely to lead one to believe that you own any of Our IP or that you are our partner, owner or affiliate.  Any reference you make to any of Our IP should clearly specify that Our IP is owned by Us.  

Sellers who list a property on the Site may repurpose photos and videos we post but if and only if they are reused without cropping, editing or otherwise modifying them, especially as it pertains to watermarks.  This permission is granted to you and you only.  You may not assign your rights, nor may you sublicense permission to use the photos or videos to anyone else.  We may revoke the license at any time, without notice to you.  Nothing set forth herein shall be construed as granting you (a) ownership in any of Our IP or (b) rights beyond or in addition to those expressly granted herein.

Should you post or otherwise provide us with photos, videos, files or information (“User Supplied Content”), you shall be deemed to have granted us a perpetual and irrevocable license to use such User Supplied Content in any way we need appropriate or beneficial to Us.  Furthermore, you represent to us that you have the right to provide such User Supplied Content and to grant the related license set forth above.

VIOLATIONS

We reserve the right to temporarily suspend or permanently ban any user from access to the Site for violation of these Terms or any other reason, or no reason, in our sole and absolute discretion. 

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