PLEASE READ THE FOLLOWING CAREFULLY. YOUR USE OF THIS WEBSITE, ANY SUB-DOMAINS OF THIS WEBSITE (COLLECTIVELY REFERRED TO AS THE "WEBSITE"), AND ANY SERVICES (AS HEREINAFTER DEFINED) DESCRIBED IN THIS AGREEMENT, IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT WITHOUT MODIFICATION. BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS WEBSITE OR THE SERVICES.
IF YOU HAVE NOT READ THIS AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THIS AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ACCESS THIS WEBSITE), DO NOT USE THE WEBSITE OR SERVICES.
Scope and Acceptance
Anyone who accesses or uses the Website or Services is a "User." This Agreement is between Coldwell Banker Realty ("Company," "Us," "Our," or "We") and either (1) the User, or (2) if the User is acting as an authorized representative of a legal entity, then that legal entity (in either case, the "you" or "your"), and applies to your access to, and use of, the Website and Services, so please read it carefully.
This Agreement does not alter in any way the terms or conditions of any other agreement you may have with the Company or its affiliates for services, products or otherwise. We reserve the right to change or modify this Agreement and the Website, at any time. If we decide to change the Agreement, we will post a new version on the Website and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Website or Services following the posting of changes or modifications to the Agreement will constitute your acceptance of the revised Agreement.
Privacy
We believe strongly in providing you notice of how we collect and use your data, including personally identifiable information, collected from the Website and Services. Company's Privacy Policy, located at https://www.bruenrealestate.com/privacy, describes how Company will collect, use, share, or otherwise process the personally identifiable information it will collect from you and further provides any opt-out mechanisms available to you.
Services
Through your use of this Website or otherwise, Company may, upon your request, provide (a) general home selling and purchasing advice, (b) information on market conditions, (c) information on availability of homes in the area, and (d) other information and requested services related to the consumer real estate market (individually or collectively, the "Services"); provided that the Services do not include anything that is covered by an agreement under which a real estate agent agrees to represent you as a buyer or seller of real estate.
Account Information and Security
In order to use certain areas of the Website and Services, we may ask you to create an account and select a password and/or provide us with certain personally identifiable information. This information will be held and used in accordance with the Privacy Policy. By filling out any forms on the Website, providing information to us or making any inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us, or by our service providers on our behalf, whether by phone, mobile phone, email, mail, texting or otherwise.
Proprietary Rights
The content, structure, "look and feel," and all other elements of the Website are either owned or licensed by the Company and are protected by copyright and other intellectual property laws of the United States and other jurisdictions. You may not sell, license, distribute, copy, publish, publicly perform or display, modify, adapt, translate, or create derivative works from, or otherwise make unauthorized use of, the Website or any portion thereof without the express prior written consent of the Company.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR ANY OF ITS PARTNERS, SUPPLIERS, ADVERTISERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
Dispute Resolution
20.1. Initial Dispute Resolution Process. We intend to resolve any and all disputes that may arise between us and Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation.
20.2. Class Action Waiver. You and the Company agree that any proceedings to resolve or litigate any dispute, whether through a court of law or alternative dispute resolution, shall be solely conducted on an individual basis.
20.3. Wavier of Jury Trial. THE PARTIES UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH PARTIES ARE GIVING UP A RIGHT TO A JURY TRIAL.
Miscellaneous
21.1. Applicable Law and Venue. This Agreement and any action related to this Agreement will be governed by the laws of the state in which the Company is located. You agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings will be exclusively in the federal or local courts located in the state in which the Company is located.