Terms and Conditions
These are the terms upon which Pristine Property Management and Pristine Real Estate. When you use this website, you are automatically agreeing that both your access to the site and your use of it are:
- Subject to the terms and conditions in this legal notice, this may change at any time without notice.
- Subject to all applicable laws.
- Undertaken at your own risk at all times.
The following elements of this website are the property of Pristine Property Management and Pristine Real Estate and are protected by United States and International copyright laws:
- All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations — both individually and as they are compiled on the site.
- All software.
The trademarks of Pristine Property Management and Pristine Real Estate may not be used without written permission. Trademarks include the Pristine Property Management and Pristine Real Estate name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of Pristine Property Management and Pristine Real Estate products, services, and programs. All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pristine Property Management and Pristine Real Estate or our vendors.
You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to properties available by Pristine Property Management and Pristine Real Estate. Unless we give you written permission in advance, any other use of this website, its content and its information, including framing of this website, is strictly prohibited.
Errors and Inaccuracies
Our goal is to provide complete, accurate, up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technical errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability; additionally, some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions — including after an order has been submitted — and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause.
Disclaimer of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this website, it’s content, or the information available on or through it. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this website. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. By submitting images, descriptions, and other information to Pristine Property Management and Pristine Real Estate, you are providing permission for Pristine Property Management and Pristine Real Estate to use this material in any way.
By visiting this website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and us or any of our affiliates.
Any dispute relating in any way to your visit to our website or to products purchased here shall be submitted to confidential arbitration in Los Angeles County, California. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
Protecting your Information
As part of our ongoing commitment to ensure that your shopping experience with Pristine Property Management and Pristine Real Estate is protected. Pristine Property Management and Pristine Real Estate will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.
Definitions And Interpretations
Terms means the terms and conditions set out in this document. These Terms apply to all services that you instruct us to provide and cannot be varied or amended except in writing and signed by you and us.
Client (referred to throughout as ‘you’) means the person, company, firm or other legal entity named in our Proposal. We will not accept instructions to act for any other legal entity nor will these Terms apply unless we have agreed in writing to act for that alternative entity. We reserve the right to refuse to act for such an alternative entity until (if at all) we have undertaken due diligence to fulfil our internal credit, money laundering and risk obligations. In the event that we are instructed to act for a single purpose corporate vehicle we reserve the right to require and be provided with a parent company or other guarantee for our fees before accepting instructions to act. In the case of the sale of a Property by a corporate client in which the shares in such client are the assets transferring we will require the shareholders of such corporate client to guarantee its obligations to us.
Pristine Property Management and Real Estate means any entity owned or controlled by Pristine Property Management and Pristine Real Estate or by any of its members, or owned or controlled by any other Pristine Entity.
Pristine Property Management and Real Estate referred to throughout as “we” or “us. Confidential Information means information that is by its nature confidential and/or is designated by us to be confidential.
Proposal means the letter of instruction, proposal or tender which is sent to you with these Terms. In the event that there is any conflict between the terms set out in this document and the terms set out in the Proposal the terms in the Proposal shall take precedence.
The Property means the assets (including shares in a company) which are the subject of our instructions and all other assets in which an interest is acquired by a purchaser including contents fixtures and fittings and any business carried on at the Property.
Purchaser includes a tenant or licensee.
Seller includes a landlord or licensor.
Services means the specific services set out in the Proposal and any other services which we agree in writing to provide.
Sole Selling Rights – Unless specified to the contrary in the proposal by instructing us to dispose of and/or acquire (as applicable) the Property you grant us Sole Selling Rights which means that you will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if:
(a) unconditional contracts for the sale and/or lease (as applicable) of the Property are exchanged in the period during which we have Sole Selling Rights even if the purchaser was not found by us but by another agent or by any other person, including you; and
(b) if unconditional contracts for the sale and/or lease (as applicable) of the Property are exchanged after the expiry of the period during which we have Sole Selling Rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the Property during that period.
Our fees are as stated in the Proposal.
Any estimates of fees and disbursements are provided on the basis of the information you provide to us. Such estimates are not therefore binding upon us if the information provided is in any way incomplete, misleading or wrong.
Unless you inform us in writing to the contrary we shall not be required to check or approve the accuracy of information provided to us by you or others. Unless you inform us in writing to the contrary you hereby warrant the accuracy of all information provided to us by you or on your behalf on the basis that you expect us to rely upon it.
You undertake to indemnify us against all costs, claims, charges and expenses of whatever nature which may arise as a result of any such information proving to be inaccurate (whether wholly or in part) or incomplete.
Subject only to Clause 12 below any information which we acquire from you in the course of performing instructions may be used by us for any other purpose unless you instruct us in writing at any time prior to such use by us.
In relation to any written report or advice prepared by us you agree that neither the whole nor any part of our report or advice or Confidential Information may be included in any published document, circular or statement or published in any way without our written approval prior to publication.
Copyright in any reports, documents or other material provided to you by us shall remain our property at all times.
We shall treat receipt of an e-mail from you as a request to us to communicate with you by e-mail. If you intend to communicate with us by e-mail, by accepting these Terms you confirm that you understand the risks of doing so and you authorize us to act upon electronic instructions which have been transmitted (or appear to have been transmitted) by you.
We will not disclose to any third party any personal data without your express authority to do so. We may occasionally use your contact details to inform you of property updates, client seminars, and the like. By accepting these terms you consent to our sending you such information. If you do not wish to receive such information, please advise us, by calling or writing us at our address.
You agree to indemnify us against all costs, claims, charges and expenses which we shall incur by reason of (but not limited to):
(a) Use of any of our work for purposes other than those agreed by us.
(b) Misrepresentation by you or with your authority to third parties of advice given by us.
(c) Misrepresentation to third parties of the extent of our involvement in any particular project.
You also agree to indemnify us against any and all damages or liability suffered by us, arising from the use by us of material provided by you to us the copyright of which is vested in a third party.
Neither this agreement nor any of its terms may be assigned by you to any third party unless agreed in writing.