Terms of Service

Our Services

Matching clients with experts and innovators in the real estate service industry is what we do, including but not limited to: buying and selling property, mortgage, title and escrow.

Terms of Service

Placeinc.com (the “Website”) is operated by Place Real Estate, Inc. (“PLACE”).  Throughout the Website, the terms “we”, “us” and “our” refer to PLACE. PLACE offers the Website, including all information, tools and services available from the Website (collectively, the “Services”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (the “Terms”).  Any new features or tools which are added to the Website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page.

By visiting the Website and/or availing yourself of its Services, you agree to be bound by the Terms, which applies to all users of the Website, including without limitation users who are browsers, vendors, clients, merchants, business partners, and/or contributors of content. If you do not agree to all the Terms, then you may not access this website or use its Services.

Eligibility

By agreeing to these Terms, you represent that you are at least 18 years old and are otherwise legally qualified to enter into contracts under applicable law.  Any individual using the Services on behalf of a corporate entity or business further represents and warrants that they are authorized to act and enter into contracts on behalf of said corporate entity or business.

Terms for Clients (Buyers and Sellers)

All of our “Clients” (prospective buyers and sellers and their representatives) who are involved with and use the Website or the Services must agree with the following:

  1. You understand that PLACE is not a real estate brokerage or broker, a mortgage provider, insurance company, or an escrow & title company.
  2. In order to match you with a Real Estate Professional (as defined below), we must share your contact information with our Real Estate Professional partners (our “Partners”).  By submitting your contact information to PLACE, you authorize us to use and provide this information to one or more of our Partners. Additionally, by providing your contact information to us, you consent to being contacted by us and by our Partners via phone, email, mail or other reasonable means.
  3. We reserve the right to suspend or terminate access to any Client who supplies information that is inaccurate or misleading.
  4. You understand that we may receive payment (a referral fee) for the Services that we provide.  There is no charge to you.  Any payment is due based on a separate agreement between us and our Partners. Your use of the Services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
  5. Your participation in our Service is voluntary and can be terminated by either of us for any reason at any time by providing the opposite party written notice. 
  6. You agree that we may modify the Services provided or the Terms at any time. We will notify you in advance of any significant changes of the Services, and you agree that your continued use of the Services after the notice means that you accept the new terms and any subsequent services shall be governed by the new terms.

You may initiate or receive a call from a PLACE representative or one of our Partners via one of PLACE’s tracked phone numbers. If you do so, PLACE may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
 

Terms for Real Estate Professionals

For the purpose of these Terms, the term “Real Estate Professional” includes Settlement Service Providers (as defined by Real Estate Settlement Procedures Act), real estate agents, brokers, brokerages, and those businesses that provide services and products related to the purchase, sale, security, and maintenance of real property.  Any Real Estate Professional who partners with us, or is otherwise involved with, or uses the Website must agree with the following terms:

  1. You understand that PLACE is not a real estate brokerage or broker, a mortgage provider, insurance company, or an escrow & title company.
  2. You grant PLACE permission to display on the Website and elsewhere information that we have gathered related to those business transactions that you have handled as a Real Estate Professional. This information helps our clients better understand your specialties.
  3. You are responsible for maintaining your own professional license and for following all applicable laws regarding disclosures, documentation and your other professional  responsibilities. In addition, you are responsible for the professional services provided to your clients and agree to indemnify, defend and hold PLACE harmless from any claims, costs, and damages incurred by PLACE arising from claims by your clients regarding the professional services you have provided.
  4. Your participation in our Service is voluntary and can be terminated by either of us for any reason at any time by providing the opposite party written notice. 
  5. Any information that you provide to PLACE shall be accurate, complete and owned by you.  You are SOLELY RESPONSIBLE for providing PLACE with timely updates to any material changes in the information that you provide PLACE.
  6. You hereby grant us permission to e-mail or display your business’ profile (including your name, likeness, contact information and transaction details) and such other information as may be supplied by you on or from the Website and such other partner and affiliate websites as we believe advisable for marketing purposes.
  7. You agree that we may modify our Services, the Terms, or, the price charged for our Services at any time.

General Conditions

We reserve the right to refuse service to anyone for any lawful reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Change and Discontinuance

PLACE reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website. Your continued use of the Services 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. You are responsible for regularly reviewing these Terms. PLACE may alter, suspend or discontinue the Services at any time to you and/or to others, without notice. It is your responsibility to check this page periodically for changes.


User Consent to Receive Communications in Electronic Form

For contractual purposes, you (a) consent to receive communications from PLACE in an electronic form via the email address you have submitted; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that PLACE provides you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about PLACE and special offers. You may opt out of such email by changing your account settings or sending an email to: support@placeinc.com. Opting out may prevent you from receiving messages regarding the PLACE and special offers.

PROHIBITED USE

PLACE imposes certain restrictions on the use of the Website and Services. By visiting the Website you represent and warrant that you will not: (1) use the Website or Services for unauthorized, unlawful or unethical purposes; (2) solicit others to perform or participate in any unlawful acts; (3) provide false, misleading, or inaccurate information to the Website, the Website’s users, or PLACE; (4) use the Website or Services to phish, pharm, spam, spider, crawl, or scrape; transmit any worms, viruses, robots, spiders, or any code that damages, disables, impairs, or overburdens the Website; (5) attempt to gain unauthorized access to the Website; (6) reverse assemble, reverse compile, or reverse engineer the Website or any of the Website’s features in whole or in part, or allow or encourage any third party to do so; (7) access or attempt to access any of theWebsite’s data by any means other than through the interface provided by the Website; (8) interfere with or circumvent the security features of the Service or any related website; (9) infringe upon or violate our intellectual property rights or the intellectual property rights of PLACE or others; (10) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or unlawfully discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally protected class; or (11) use the Website or Services for any obscene or immoral purpose.
A breach or violation of any of the Terms will result in an immediate termination of your Services and may subject you to civil and criminal penalties.

 

Intellectual Property

The Website and Services are the property of PLACE, and subject to the intellectual property rights of PLACE and its licensors.

Claims of  Copyright Infringement

PLACE respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify PLACE’s legal department in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. 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;
  3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  4. 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 as follows:

By mail: Place Real Estate, Inc.
Attention: Legal Department
2211 Rimland Drive, Suite 124 Bellingham, WA 98226
Attention: Copyright Agent
By e-mail: support@placeinc.com

Linked Materials and Third-Party Materials

The Services include links to third-party products, services and web sites, as well as materials provided by third parties. PLACE does not endorse, and takes no responsibility for such products, services, web sites, and materials. You understand that PLACE has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and PLACE takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

 

NO WARRANTY

PLACE PROVIDES THE SERVICES “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, PLACE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PLACE AND ITS SUPPLIERS 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 & EXCLUSIVE REMEDY

IN NO EVENT WILL PLACE OR ANY SUPPLIER 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 SERVICES, 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 PLACE OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.


Indemnification

You agree to defend and hold PLACE, 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, your use of the Services, your violation of any law or the rights of a third party, or any submission made through your user account on the Services or that you otherwise make available through the Services.


Release

You release PLACE, 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 arising out of the Services. 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.

 

Choice of Law & Disputes

These Terms are governed by the laws of the State of Washington, without giving effect to its conflict of law provisions.  You agree to submit to exclusive jurisdiction. and venue in the state and federal courts sitting in Whatcom County, Washington for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use.  In any dispute arising under this Agreement, the prevailing party will be entitled to reasonable attorney’s’ fees and legal expenses.

Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Assignment

PLACE may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms without PLACE’s prior written consent, and any unauthorized assignment and delegation by you is void.

 

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Waiver

The failure of PLACE to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

Entire Agreement

These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and PLACE and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).