Terms of Use

These Terms of Use (“Terms”) are a legal agreement between you and The Paul Miller Company (“Company,” “we,” “us,” or “our”) governing your access to and use of our website and any related online tools, content, or services we make available through the website (collectively, the “Site”). By accessing or using the Site, you agree to these Terms.

If you do not agree to these Terms, you are not authorized to use the Site.

We may modify these Terms from time to time by posting updated Terms on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. We reserve the right to restrict, suspend, or terminate access to the Site (in whole or in part) at any time.

1. Eligibility

You must be at least 18 years old to use the Site. By using the Site, you represent that you are at least 18 and have the legal authority to enter into these Terms.

2. License to Use the Site

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use and for legitimate inquiries regarding our services and available properties. All rights not expressly granted are reserved.

3. Restrictions and Prohibited Conduct

You agree not to:

copy, modify, distribute, reproduce, publish, display, perform, transmit, or create derivative works from any Site content without our prior written permission, except as permitted by applicable law;

use any automated means to access, scrape, crawl, harvest, or collect information from the Site (including property listings or contact information) without our prior written consent;

attempt to gain unauthorized access to the Site, accounts, systems, or networks, or interfere with the Site’s operation;

introduce viruses, malware, or other harmful code;

impersonate any person or entity or misrepresent your affiliation with any person or entity;

use the Site in any manner that violates applicable law.

4. Property Listings and Information Disclaimer

Site content is provided in good faith and is believed to be accurate at the time posted. However, to the fullest extent permitted by law, we make no warranties or representations (express or implied) regarding the completeness, accuracy, reliability, or availability of Site content.

Property listings, descriptions, photographs, pricing, availability, and terms are subject to change without notice and may contain errors or omissions. You should contact us directly to confirm current availability and applicable terms before making decisions or relying on Site content.

5. Applications and Screening

Any rental applications, showings, and agreements are subject to our screening/underwriting process, written criteria, and applicable law. We may deny an application based on lawful factors such as creditworthiness, background checks, rental history, income verification, or other relevant information permitted by law.

Applicants must provide complete and accurate information. Material misrepresentations or omissions may result in denial, rescission, and/or other actions permitted by law. We comply with applicable fair housing and anti-discrimination laws.

6. Intellectual Property

The Site and its content (including text, images, graphics, logos, and design) are owned by the Company or its licensors and are protected by intellectual property laws. Except for the limited license granted in these Terms, you do not acquire any right, title, or interest in or to any Site content.

7. Third-Party Links

The Site may contain links to third-party websites or resources. We do not control and are not responsible for third-party content, products, services, or availability. Your use of third-party sites is at your own risk and subject to their terms and policies.

8. Submissions

If you submit feedback, questions, testimonials, reviews, or other content to us through the Site or otherwise (“Submissions”), you understand that Submissions are not confidential and may be used by us for business purposes. You represent that you have the rights needed to provide the Submission and that it does not violate any law or third-party rights.

9. Privacy; Cookies and Analytics

Our collection and use of information is described in our Privacy Policy, which is incorporated by reference. The Site may use cookies and similar technologies as described in the Privacy Policy. By using the Site, you acknowledge our data practices as described in the Privacy Policy.

10. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, and we are not responsible for any damage resulting from your access to or use of the Site.

11. Limitation of Liability

To the fullest extent permitted by law, the Company will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your access to or use of (or inability to use) the Site or any content, including but not limited to reliance on listing information, property conditions, rental terms, HOA rules, or third-party policies.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or gross negligence.

12. Indemnification

You agree to indemnify and hold harmless the Company and its owners, officers, employees, agents, and service providers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Site; (b) your violation of these Terms; or (c) your infringement of any intellectual property or other rights of any person or entity.

13. Governing Law; Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to personal jurisdiction and venue in those courts.

14. Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. These Terms constitute the entire agreement between you and the Company regarding your use of the Site and supersede any prior or contemporaneous understandings on that subject.