Terms of Service
Last Updated: 03/25/2026
Table of Contents
- 1. Parties and Scope
- 2. Eligibility
- 3. Consent to Communications
- 4. User Conduct
- 5. Intellectual Property
- 6. Disclaimers and Limitation of Liability
- 7. Indemnification
- 8. Termination
- 9. Governing Law and Dispute Resolution
- 10. Privacy, Data Protection (GDPR & CCPA)
- 11. Modifications
- 12. General Provisions
1. Parties and Scope
These Terms of Service (“Terms”) govern your access to and use of brendamascitti.com (the “Site”), operated by Brenda Mascitti (“Company,” “we,” “us,” or “our”). The Site serves as an informational and marketing platform for real estate services in Colorado.
Real estate services are provided by Brenda Mascitti, licensed by the Colorado Real Estate Commission (100070760 ) and affiliated with Keller Williams Realty DTC.
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2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract under applicable law to use this Site.
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3. Consent to Communications
3.1 Consent for Initial Contact
By providing your contact information, you consent to be contacted by Brenda Mascitti via phone, email, or other communication methods in response to your inquiry.
3.2 SMS/Text Message Marketing
We only send marketing text messages after receiving your explicit opt-in consent. Consent may be obtained via online forms, written agreement, recorded calls, or confirmation messages (e.g., replying “YES”).
3.3 Standard Disclosures
Your consent is not a condition of purchase. Message and data rates may apply. You may opt out at any time by replying “STOP.”
3.4 Compliance
We maintain communication consent records in compliance with applicable laws, including TCPA requirements.
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4. User Conduct
You agree not to:
- Use the Site for unlawful or fraudulent purposes
- Send spam or unauthorized communications
- Misrepresent your identity
- Attempt to interfere with site security or functionality
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5. Intellectual Property
All content on this Site—including text, graphics, logos, images, and software, is owned by the Company or its licensors and is protected by applicable intellectual property laws.
You may not copy, reproduce, or distribute any content without written permission.
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6. Disclaimers and Limitation of Liability
6.1 “AS IS” Disclaimer
The Site is provided “as is” without warranties of any kind.
6.2 No Professional Advice
All information is for general informational purposes only and does not constitute legal, financial, or real estate advice.
6.3 Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages.
6.4 Maximum Liability
Total liability shall not exceed $100 or the amount paid (if any) within the prior 12 months.
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7. Indemnification
You agree to indemnify and hold harmless the Company and its affiliates from any claims arising from your use of the Site or violation of these Terms.
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8. Termination
We may suspend or terminate access to the Site at any time without notice.
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9. Governing Law and Dispute Resolution
9.1 Governing Law
These Terms are governed by the laws of the State of Colorado.
9.2 Arbitration
All disputes shall be resolved through binding arbitration administered by the American Arbitration Association in Colorado.
9.3 Class Action Waiver
Claims must be brought individually and not as part of a class action.
9.4 Time Limitation
Claims must be filed within one (1) year.
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10. Privacy, Data Protection (GDPR & CCPA)
Your privacy is important to us. We are committed to protecting your personal information in accordance with applicable laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.
Your Rights May Include:
- The right to access your personal data
- The right to request correction or deletion
- The right to opt out of marketing communications
- The right to request how your data is used
For full details, please review our Privacy Policy.
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11. Modifications
We may update these Terms at any time. Continued use of the Site constitutes acceptance of changes.
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12. General Provisions
If any provision is found invalid, the remaining provisions remain in effect. These Terms constitute the entire agreement between you and the Company.