Terms of Use

General

Welcome to ScottWay.com, an internet site along with any affiliatred applications or software (the “Web Site”, “Site”). Any person accessing or using this Web Site is referred to as “you.” The goal of this Web Site is to provide you with access to the most comprehensive network of real estate, construction and property management products/services and related information/links to meet your needs (the “Content”). In addition to Content, we offer construction, property management and real estate services (“Services”) Please read our Terms of Use (the “Terms”) carefully before continuing use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site.

Acceptance of Terms

By accessing or using the Web Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.  ScottWay Capital and ScottWay Construction, Inc, affiliated companies (“ScottWay Companies”, “We”, “Us”, “Our”) reserves the right, individually or collectively, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing the Terms of Use. By using this Web Site after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.

General Use

Unless specified otherwise, the Web Site offers you access to real estate, property management, construction, and financial information solely for your personal and non-commercial uses. You agree to only access or use the Web Site only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

  • except with the express written permission of ScottWay Companies, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site or application, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Web Site, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
  • damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Site;
  • obtain or attempt to obtain any materials or information through any means not made readily accessible by the Site.

Except with the express written permission from Us, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Site.

Except with the express written permission of ScottWay Companies, you agree that you will not create links from any Web site, Web page or other application to any page within, or part of, the Site; provided however upon providing prior written notice to info@scottway.com, you may create a link directly to pages included in the Web Site. The origin of any link to any page on the Site must be accompanied by a clear and prominent attribution indicating that the link is connected to the Web Site. By creating a link to the Site, you agree that (a) you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Web Site  from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other Web sites or applications that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same. We reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that We so request.

You agree that ScottWay Companies in its sole discretion and at any time terminate your access to and use of the Web Site, or any part thereof, with or without notice. You further agree that use of the Site and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, We reserve the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

Eligibility

Eligibility Requirements. You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Site unless accompanied by a Parent or Guardian. We may, in our sole discretion, refuse to offer access to the Site to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the Web Site is revoked where use of the Site is prohibited or is in conflict with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Web Site must agree to and abide by these Terms of Service as a condition to our obligations.

Non-U.S. Users. The Web Site is controlled and offered by us from our facilities in the United States of America. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Web Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.

Privacy

Registration data, personal information and certain other aspects about you are subject to our Privacy Statement

Third Party Services & Links

This Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites are not under Our control, and We are not responsible for, and do not endorse, such content, whether or not We are affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by Us, or our affiliates or Providers. This website also incorporates Google Maps. Click Here for the Google Maps Terms of Use. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

Advertising

Some Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored Listings, and the like in connection with the Services on, around, and in connection with your user Content.

Virtual Office and MLS Disclosures

Multiple Listing Service (“MLS”). If you are a consumer user of the Services, by registering for and/or using the Services in any manner, you acknowledge and agree that (i) you are entering into a lawful consumer-broker relationship with us; (ii) you have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through our Site and Services; (iii) you will only use the information from the Web Site for your personal, non- commercial use, except in connection with your consideration of the purchase and sale of an individual property; and (iv) you will not copy, redistribute, or retransmit any of the data or information provided through the Site except in connection with your consideration of the purchase and sale of an individual property. You also acknowledge the MLS’s ownership of, and the validity of the MLS’s copyright in, the MLS database compilation, as well as the ownership and validity of copyright of the individual broker in specific listing content.

Information for listings in the San Diego area are provided by San Diego County’s Regional Multiple Listing Service (“SDMLS”), as indicated on individual listing pages. The multiple listings information is provided by SDMLS from a copyrighted compilation of listings. The information provided is for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Redistribution or copying of this information is strictly prohibited. All information provided is deemed reliable but is not guaranteed accurate and should be independently verified. Compilation © 2020 SDMLS.

Equal Housing Opportunity

We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity. 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. We endeavor to treat all parties fairly and honestly and to support equal housing opportunities. We encourage our users to do so as well.

Warranty Disclaimers

No Fiduciary Duty. Unless we have signed a state-mandated written agreement with you that states otherwise, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

  • which users gain access to the Site;
  • what Content you access via the Site; or
  • how you may interpret or use the Content.

No Responsibility. You acknowledge that all Content, including user content, accessed by you using the Web Site is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not assume any responsibility or liability or make any warranties or guarantees that any Content you access on or through the Site is or will continue to be accurate, safe, or legal. All Content and information is subject to errors, omissions, changes in price, prior sale or rental, or withdrawal without notice. No representation, warranty, covenant, or guarantee is made as to the accuracy of any description. All measurements and square footages are approximate and may not be relied upon by you. All information should be confirmed by you.

Additional Disclaimers – ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, NRT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER US, NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING OUR PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Contractual Disclaimers. We make no representations concerning any Content contained in or accessed through the Site, including that from agents, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Web Site or for any actions you may take as a result of having been exposed to the Site. If any sample or other contracts are provided or otherwise obtained through the Services, we do not warrant that such terms will sufficiently cover the relationship you seek to develop by entering into such terms, nor do we represent, warrant, or guarantee that such terms are legal, binding, adequate, complete or in any way appropriate for your intended purposes. It is your responsibility to consult with independent legal counsel prior to entering into any contract or agreement with a third party.

ADDITIONAL CONTENT DISCLAIMERS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LISTING, PROPERTY, CONTRACT, CONTENT, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING THAT FROM AGENTS, THROUGH THE SERVICES OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF LISTING INFORMATION, PROPERTIES, CONTENT, OR SERVICES. You acknowledge and agree that we (i) do not decide what price is appropriate for the Listing; (ii) do not guarantee the condition of any properties or the performance, adequacy, or completeness of inspections, services, products, or repairs; (iii) do not have any obligation to conduct any inspections whatsoever, including, without limitation, of common areas, offsite areas, or other aspects of the properties; (iv) have no responsibility for identifying defects with the property or inspecting public records or permits regarding title or use of the properties; (v) are not responsible for verifying square footage, representations of others, or information contained in any property reports, Listings, or promotional materials; and (vi) are not responsible for providing legal or tax advice regarding any transactions. Listings and related information provided from third parties are provided solely as a convenience, and Compass has not reviewed or confirmed any information originating from sources other than Compass, including that from Agents.

Indemnification. You agree to indemnify, defend, and hold harmless ScottWay Companies and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or relate to (i) your use or misuse of, or access to, the Site and Services, listings, or Content; (ii) violation of these Terms; (iii) breach of any contract, or other agreement you enter into; (iv) personal injury, property damage, or other claims or damages relating to property defects, conditions, legality, or suitability; (v) your interactions or transactions with any other user; (vi) in fringement by you, or any third party using your account or identity in connection with the Site and Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial

Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service.

Jurisdiction

Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by ScottWay Companies from its offices within San Diego County, California. We make no representation that Content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or ScottWay Companies brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in San Diego County, California and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Severability. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither party has any authority of any kind to bind the other in any respect.

Entire agreement

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between ScottWay Companies, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.