Team Nitzel

Terms of Service

Last updated: August 15, 2026

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1. Agreement to These Terms

These Terms of Service ("Terms") are a binding agreement between you and Stephanie Nitzel, a sole proprietor doing business as Team Nitzel ("we," "us," or "our"), located at 2878 Camino del Rio South, Suite 100, San Diego, CA 92108.

They govern your access to and use of the website located at https://go.teamnitzelre.com and any related pages, forms, and communications we operate (together, the "Site"). By accessing or using the Site, you agree to these Terms. If you do not agree, please discontinue use.

We may update these Terms at any time. The "Last updated" date above shows when the most recent changes were made. Your continued use of the Site after changes are posted means you accept the revised Terms.

The Site is intended for users who are at least 18 years of age and located in the United States. It is not directed to minors, and we do not knowingly collect information from anyone under 18.

2. What the Site Provides

Stephanie Nitzel is a licensed REALTOR® (California DRE #01314873) affiliated with HomeSmart Realty West. Through the Site we provide market reports and homeowner education materials to consumers who request them, and we assist clients with the sale and purchase of residential real estate in California.

3. Real Estate Information Disclaimer

Market reports, neighborhood data, educational materials, and other content provided through the Site are offered for general informational and educational purposes.

• Property and market information is compiled from sources believed to be reliable, including multiple listing services, public records, title companies, and real estate industry data providers. It is not guaranteed to be accurate or complete, and it changes over time.
• Nothing on the Site is an appraisal, and nothing on the Site is a determination of the value of any specific property. An appraisal may only be performed by a licensed appraiser.
• Nothing on the Site is legal, tax, financial, accounting, engineering, or construction advice. Consult a qualified professional in the relevant field before acting.
• Past market activity does not predict future results.

All real estate advertised on or through the Site is subject to the federal Fair Housing Act and the California Fair Employment and Housing Act, which make it illegal to advertise any preference, limitation, or discrimination. We do business in accordance with fair housing law and welcome all persons regardless of race, color, religion, sex, familial status, national origin, disability, sexual orientation, gender identity, source of income, or any other protected characteristic.

4. Intellectual Property

Unless otherwise noted, the Site and its contents — including text, graphics, photographs, report formats, book content, logos, and design — are our property or are licensed to us, and are protected by copyright, trademark, and other laws. "Team Nitzel," "Know What the Market Knows," and "Real Estate Review" are marks used by us in connection with our services.

You may view, download, and print content from the Site for your own personal, non-commercial use, provided you keep all copyright and other proprietary notices intact. You may not reproduce, republish, sell, license, distribute, or create derivative works from Site content for commercial purposes without our prior written permission.

REALTOR® is a registered collective membership mark of the National Association of REALTORS®. Third-party names and marks appearing on the Site belong to their respective owners.

5. Your Representations

By using the Site, you represent and warrant that:

• All information you submit is accurate, current, and complete, and you will update it as needed;
• You are at least 18 years old and have the legal capacity to agree to these Terms;
• You are accessing the Site from within the United States;
• You will not access the Site through automated or non-human means, such as a bot or script;
• You will not use the Site for any unlawful or unauthorized purpose;
• Your use of the Site will comply with all applicable laws and regulations;
• You are submitting your own contact information, or you have authorization to submit information on behalf of the person it describes.

If you provide information that is untrue, inaccurate, or incomplete, we may refuse any current or future use of the Site.

6. Prohibited Activities

You may use the Site only for the purposes we make it available for. You agree not to:

• Use the Site to advertise or offer to sell goods and services;
• Systematically retrieve data or content from the Site to build a collection, compilation, database, or directory without our written permission;
• Trick, defraud, or mislead us or other users, including by attempting to learn sensitive account information;
• Circumvent, disable, or interfere with security-related features of the Site;
• Disparage, tarnish, or otherwise harm us or the Site, in our reasonable judgment;
• Use information obtained from the Site to harass, abuse, or harm another person;
• Misuse our support services, or submit false reports of abuse or misconduct;
• Use the Site in a manner inconsistent with any applicable law or regulation;
• Engage in unauthorized framing of, or linking to, the Site;
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's use of the Site, or that constitutes or contains passive or active information collection such as spyware, web bugs, cookies, or similar devices;
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools;
• Delete or alter any copyright or other proprietary rights notice from any content;
• Attempt to impersonate another user or person, or use another user's information;
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to it;
• Harass, annoy, intimidate, or threaten any of our employees, contractors, or agents;
• Attempt to bypass any measures designed to prevent or restrict access to the Site;
• Copy or adapt the Site's software, including HTML, JavaScript, or other code;
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
• Use the Site as part of any effort to compete with us, or otherwise use the Site or its content for any revenue-generating endeavor or commercial enterprise.

7. Contributions and Submissions

The Site does not offer user accounts, logins, public posting, or user-generated content. Information you submit is limited to what you enter into our request forms and what you send us directly.

If you send us feedback, suggestions, or ideas about the Site or our services, you agree that we may use them without restriction or compensation to you. You remain responsible for what you send us and for confirming you have the right to send it.

8. Text Messaging (SMS) Terms

By providing your mobile phone number and agreeing to receive text messages, you consent to receive SMS messages from Team Nitzel.

• Program description: Messages relate to the market reports, educational materials, appointments, and real estate services you have requested, along with occasional related updates.
• Message frequency: Message frequency varies.
• Cost: Message and data rates may apply. Charges are billed by and payable to your mobile service provider.
• Opting out: Reply STOP to any message to stop receiving texts. You will receive one confirmation message, after which no further texts will be sent.
• Help: Reply HELP for assistance, or contact us at 760-410-8113 or [email protected].
• Carriers: Mobile carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed.
• Consent is not a condition of purchase. You are not required to agree to receive text messages in order to receive our reports, materials, or services.

Mobile information collected for text messaging is not sold or shared with third parties for their own marketing or promotional purposes. Our handling of this information is described in our Privacy Policy.

9. Email Communications

When you request materials or contact us, you consent to receive email from us related to your request and to our services. Every marketing email includes an unsubscribe link. You may also opt out by replying to any message or by contacting us using the details below. We may still send you transactional or service-related messages relating to an active request or transaction.

10. Third-Party Websites and Content

The Site may contain links to third-party websites, or content and services originating from third parties. We do not investigate, monitor, or verify third-party websites or content for accuracy, legality, or appropriateness, and we are not responsible for them.

If you leave the Site through a link, these Terms no longer govern, and the privacy and security practices of the destination site apply. Review the terms and policies of any website you visit. Any purchases or dealings you have with a third party are solely between you and that third party.

11. Privacy

Your use of the Site is also governed by our Privacy Policy and our Cookie Policy, each of which is incorporated into these Terms by reference. The Site is hosted in the United States and intended for United States users. If you access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

12. Site Management

We reserve the right, but do not assume the obligation, to monitor the Site for violations of these Terms, to take appropriate legal action against anyone who violates them, to restrict or disable access to the Site, and to otherwise manage the Site in a manner designed to protect our rights and property and to support its proper functioning.

13. Term and Termination

These Terms remain in effect while you use the Site. We may, in our sole discretion and without notice or liability, deny access to the Site to any person for any reason, including for breach of these Terms or of applicable law. We may also remove any content you have submitted and take appropriate legal action.

14. Modifications and Interruptions

We may change, modify, or remove Site content at any time without notice, and we are not obligated to update any information. We do not guarantee uninterrupted availability. Hardware, software, maintenance, or other problems may result in interruptions, delays, or errors, and we may suspend or discontinue the Site at any time. Nothing in these Terms obligates us to maintain or support the Site.

15. Corrections

Information on the Site may contain typographical errors, inaccuracies, or omissions, including as to descriptions, availability, and timing. We reserve the right to correct any errors or omissions and to update information at any time, without prior notice.

16. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no warranties about the accuracy or completeness of the Site's content or of any website linked to it, and we assume no liability for errors or inaccuracies of content, for unauthorized access to our servers or to personal information stored there, for interruption of transmission, or for bugs, viruses, or similar items transmitted through the Site by a third party.

We do not warrant, endorse, or assume responsibility for any product or service advertised or offered by a third party through the Site or any linked website. As with any decision involving money or property, use your judgment and exercise caution where appropriate.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, AGENTS, OR CONTRACTORS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation, willful injury to the person or property of another, or any other liability that cannot be excluded or limited under California Civil Code Section 1668 or other applicable law. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

18. Indemnification

You agree to defend, indemnify, and hold us harmless, including our affiliates, agents, and contractors, from any loss, damage, liability, claim, or demand — including reasonable attorneys' fees and expenses — made by a third party and arising out of your use of the Site, your breach of these Terms, your breach of the representations you made in these Terms, your violation of the rights of a third party, or any harmful act toward another user of the Site. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

19. User Data

We maintain certain data that you transmit to the Site for the purpose of managing its performance, as well as data relating to your use of the Site. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to activity you have undertaken using the Site. You agree that we have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from it.

20. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms are electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that they be in writing.

YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You waive any rights under statutes, regulations, rules, or other laws requiring an original signature, delivery, or retention of non-electronic records, or payments by means other than electronic.

21. California Users and Residents

If a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Complaints regarding real estate licensing may be directed to the California Department of Real Estate at www.dre.ca.gov.

22. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

23. Dispute Resolution

Informal Negotiations

To expedite resolution and control cost, you and we agree first to attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms (each a "Dispute") informally for at least thirty (30) days before initiating arbitration. Informal negotiations begin upon written notice from one party to the other.

Binding Arbitration

If a Dispute is not resolved through informal negotiations, it will be finally and exclusively resolved by binding arbitration. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes, available at www.adr.org.

The arbitration will take place in San Diego County, California. The arbitrator's award may be entered in any court of competent jurisdiction. Except where otherwise required by applicable law, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Your arbitration fees and share of arbitrator compensation will be governed by the AAA rules and, where applicable, by law. If the arbitration costs are determined to be excessive, we will pay all arbitration fees and expenses.

Exceptions

The following are not subject to informal negotiations or binding arbitration: disputes concerning the enforcement, protection, or validity of intellectual property rights; disputes relating to allegations of theft, piracy, invasion of privacy, or unauthorized use; and claims for injunctive relief. If any part of this section is found unlawful or unenforceable as to a particular Dispute, that Dispute will be decided by a court of competent jurisdiction located in San Diego County, California, and both parties consent to that court's personal jurisdiction and venue.

24. Miscellaneous

These Terms, together with any policies or operating rules we post on the Site, constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision does not operate as a waiver of it. We may assign our rights and obligations at any time. We are not responsible for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms or by your use of the Site. These Terms will not be construed against us by virtue of having drafted them. You waive any defenses you may have based on the electronic form of these Terms and the absence of signing by the parties.