We operate the website ascensionestates.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Ascension Estates is a real estate agency that operates in California. The purpose of the Site is to inform homeowners about the real estate selling process and connect them with a licensed agent for a strategy session.
You can contact us by phone at 805-796-1793 or by email at [email protected].
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Cashman Capital Corp / Ascension Estates, concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
We reserve the right to make changes or modifications to these Legal Terms at any time. We will alert you to changes by updating the "Last updated" date above. Your continued use of the Services after any revised Legal Terms are posted constitutes acceptance of those changes.
The Services are intended for users who are at least 13 years of age. Minors under 18 must have the permission of, and be directly supervised by, a parent or guardian to use the Services.
The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Visitors who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws where applicable.
The Services are not tailored to comply with industry-specific regulations such as HIPAA or FISMA. If your use of the Services would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or licensee of all intellectual property rights in our Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained in the Services (the "Marks"). Our Content and Marks are protected by copyright and trademark laws in the United States and internationally, and are provided "as is" for your personal, non-commercial use only.
Subject to your compliance with these Legal Terms, including the Prohibited Activities section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for personal, non-commercial use.
No part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Requests for any other use should be sent to [email protected].
We reserve all rights not expressly granted to you. Any breach of these intellectual property rights constitutes a material breach of these Legal Terms and your right to use the Services will terminate immediately.
Submissions: By sending us any question, comment, suggestion, idea, or feedback about the Services ("Submissions"), you agree to assign to us all intellectual property rights in that Submission, and that we may use and disseminate it for any lawful purpose without compensation to you.
You are responsible for what you send us: you confirm that any Submission is not illegal, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, threatening, sexually explicit, false, or misleading, that you waive any moral rights in it to the extent permitted by law, that it is original to you or you have the rights to submit it, and that it is not confidential information. You are solely responsible for your Submissions and agree to reimburse us for any losses arising from your breach of this section, a third party's intellectual property rights, or applicable law.
By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (4) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access and refuse any current or future use of the Services.
You may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:
The Services may contain links to other websites ("Third-Party Websites") as well as content belonging to third parties ("Third-Party Content"). Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for them. Inclusion of a link does not imply our endorsement. If you leave the Services to access a Third-Party Website, you do so at your own risk and these Legal Terms no longer govern. We are not responsible for any purchases made through Third-Party Websites, which are exclusively between you and the applicable third party.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict, or disable access to any content in our sole discretion; (4) remove from the Services any content that is excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and property and facilitate their proper functioning.
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from a region with data laws differing from those of the United States, your continued use constitutes consent to have your data transferred to and processed in the United States. We do not knowingly accept, request, or solicit information from children, and in accordance with the U.S. Children's Online Privacy Protection Act, if we learn that anyone under 13 has provided personal information without verifiable parental consent, we will delete that information as quickly as reasonably practical.
These Legal Terms remain in full force and effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason, including breach of any representation, warranty, or covenant in these Legal Terms or applicable law. We may terminate your use or delete any content you submitted at any time, without warning, in our sole discretion.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason without notice, and we have no obligation to update any information on the Services. We cannot guarantee the Services will be available at all times, and we are not liable for any loss, damage, or inconvenience caused by downtime or discontinuance of the Services.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely performed within the State of California, without regard to its conflict of law principles.
Any legal action brought by either you or us shall be commenced in the state and federal courts located in Los Angeles, California, and the parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts. No claim, action, or proceeding related to the Services may be commenced more than one (1) year after the cause of action arose.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update information on the Services at any time, without prior notice.
The Services are provided on an "as-is" and "as-available" basis. Your use of the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy or completeness of the Services' content and assume no liability for errors, personal injury or property damage resulting from your use of the Services, unauthorized access to our servers, interruption of transmission, bugs or viruses transmitted through the Services, or any content posted or made available via the Services. We do not endorse or guarantee any product or service advertised by a third party through the Services.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your use of the Services, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever will at all times be limited to the lesser of the amount paid, if any, by you to us, or $5,000.00 USD. Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party arising out of: (1) your use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties in these Legal Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any harmful act toward another user of the Services with whom you connected via the Services.
We will maintain certain data that you transmit to the Services for the purpose of managing performance, as well as data relating to your use of the Services. Although we perform regular backups, you are solely responsible for all data you transmit or that relates to activity you undertake using the Services, and we have no liability to you for any loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices and records of transactions initiated or completed via the Services.
By opting into any Ascension Estates text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Ascension Estates text messages may include responses to inquiries.
If at any time you wish to stop receiving SMS messages from us, reply to the text with "STOP." You may receive a confirmation message. After this, you will no longer receive SMS messages from us. To rejoin, sign up again and we will resume sending messages.
Message and data rates may apply to any SMS messages sent or received, determined by your carrier and mobile plan. Carriers are not liable for delayed or undelivered messages.
If you have questions about our SMS communications, reply with the keyword HELP, email us at [email protected], or call 805-796-1793. For privacy questions, see our Privacy Policy.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of that right or provision. We may assign any or all of our rights and obligations to others at any time. We are not responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Legal Terms is found unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: