Terms of Service

Last Updated: February 27, 2025

 
1. Acceptance of Terms

Welcome to the website of Niccolini Presley Group, LLC (“Company,” “we,” “us,” or “our”). These Terms of Use constitute a legally binding agreement between you and Niccolini Presley Group, LLC, an Ohio limited liability company with its principal place of business in Dublin, Ohio.

By accessing or using our website at niccolinipresleygroup.com (“Site”), you agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated by reference. If you do not agree to these terms, please do not use our Site.

2. Changes to Terms

We reserve the right to modify these Terms of Service at any time. All changes are effective immediately when posted and apply to all access and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Service means you accept and agree to the changes.

3. Accessing the Site

We reserve the right to withdraw or modify this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Service, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

5. Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm the Company or users of the Site.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site.
7. User Content

The Site may contain features that allow users to post, submit, publish, display, or transmit content. Any content you post to the Site will be considered non-confidential and non-proprietary. By providing any user content on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

  • You own or control all rights in and to the user content and have the right to grant the license granted above.
  • All of your user content complies with these Terms of Use.

You understand and acknowledge that you are responsible for any user content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

8. Information About Properties

The property listings and related information on this Site are provided for informational purposes only. We strive to maintain current and accurate information, but we do not warrant that any property information on the Site is accurate, complete, reliable, current, or error-free. Any reliance you place on such information is strictly at your own risk.

All properties are subject to prior sale, change, or withdrawal from the market without notice. Listing information may include inaccuracies or typographical errors. Interested parties should independently verify all property information. The Company shall not be responsible for any loss or damage related to reliance on property information contained on this Site.

9. Real Estate Licensing and Professional Services

The Company’s real estate brokerage services are governed by Ohio real estate licensing laws and regulations. Nothing in these Terms of Service is intended to create a broker-client relationship without proper documentation.

You acknowledge that viewing properties or information on this Site does not constitute real estate, legal, tax, or investment advice, and does not create an agency relationship between you and the Company. We encourage you to seek professional advice for specific questions about real estate transactions, property investments, or legal matters.

10. Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

12. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your user content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Service.

14. Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Service, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in Franklin County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms of Service or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

16. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.