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Stoeber Agency
Terms & Conditions

Last Updated: March 1, 2025

Privacy Policy

Introduction

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Stoeber Agency and meet all eligibility requirements.

1. Use of Services

Eligibility

You must be at least 18 years old to use our services. By using our services, you represent and warrant that you are of legal age to form a binding contract with Elevata and meet all the eligibility requirements.

Account Registration

To access certain features of our Services (e.g., automation tools, real estate insights, community participation), you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials (e.g., username, password) and for all activities that occur under your account.

Prohibited Activities

You agree not to use our Services for any unlawful or prohibited activities, including but not limited to:

- Violating any local, state, national, or international law or regulation, including the Real Estate Settlement Procedures Act (RESPA).

- Infringing on the rights of others, including intellectual property, privacy, or publicity rights.

- Distributing spam, malicious content, or unsolicited communications.

- Engaging in any activity that could damage, disable, overburden, or impair our Services, including denial-of-service attacks or unauthorized access attempts.

2. Intellectual Property

Ownership

All content, trademarks, logos, and intellectual property associated with our Services, including but not limited to website design, automation workflows, real estate analytics tools, and community branding, are the property of Stoeber Agency or its licensors. You agree not to copy, distribute, modify, or create derivative works based on our content without our prior written consent.

User Content

By submitting content to our Services (e.g., business data, real estate preferences, community posts), you grant Stoeber Agency a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, and display such content in connection with providing, promoting, and improving our Services. You represent and warrant that you have the necessary rights to grant this license.

3. Privacy

Your privacy is important to us. Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our Services, you consent to our collection and use of your information as described in the Privacy Policy.

4. Payment and Billing

Payment Terms

By purchasing any Services from Stoeber Agency, you agree to pay all applicable fees and taxes as outlined during the signup process. We use third-party payment processors (e.g., Stripe) to handle payment transactions securely. You must provide accurate billing information and keep your payment details up-to-date. Failure to pay outstanding fees may result in suspension or termination of your access to the Services.

Subscriptions

Certain Services may be offered on a subscription basis. By subscribing, you authorize us to charge your designated payment method for the subscription fees and any applicable taxes on a recurring basis until cancellation. You may cancel your subscription at any time through your account settings or by contacting us, but cancellation does not entitle you to a refund for fees already paid unless otherwise required by law.

5. Disclaimers and Limitation of Liability

Our Services are provided "as is" and "as available" without any warranties, express or implied. Stoeber Agency disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific results from using our Services (e.g., revenue increases, real estate transaction outcomes), as these depend on your actions and external market conditions.

To the fullest extent permitted by law, Stoeber Agency, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses, whether incurred directly or indirectly, resulting from:

Your use or inability to use our Services;

- Unauthorized access to or use of our servers and/or any personal information stored therein;

- Bugs, viruses, trojan horses, or similar threats transmitted to or through our Services by any third party;

- Errors or omissions in any content;

- Defamatory, offensive, or illegal conduct of any third party.

6. Indemnification

You agree to indemnify, defend, and hold harmless Stoeber Agency, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:

- Your access to or use of our Services;

- Your violation of these Terms;

- Your infringement of any intellectual property, privacy, or other rights of any person or entity.

6. Termination

Termination by You

You may terminate your account at any time by following the instructions on stoeberagency.com or contacting our support team at [email protected]. Termination does not relieve you of any obligations to pay outstanding fees accrued prior to termination.

Termination by Us

We reserve the right to suspend or terminate your account or access to our Services at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms or applicable law. Upon termination, your access to the Services will cease, and any outstanding obligations (e.g., unpaid fees) remain enforceable.

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Santa Barbara County, California, for the purpose of litigating all claims or disputes arising from these Terms.

8. Changes to Terms

We may update these Terms from time to time to reflect changes in our Services or legal requirements. If we make material changes, we will notify you by email (using the address associated with your account) or by posting a notice on stoeberagency.com prior to the effective date of the changes. Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the changes. Non-material changes may be implemented without notice.

9. Contact Information

If you have any questions regarding these Terms and Conditions, please contact us at:

Stoeber Agency

Email: [email protected]

Address: 1101 Coast Village Rd, Santa Barbara, CA 93108

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(805) 568-7889


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