General
Thank you for visiting our Web site. This Agreement (the “Terms of Use” or
“Usage Agreement”) sets forth the terms and conditions that apply to your
access to and use of our Web site. By using our Web site, you agree to
comply with all of the terms and conditions hereof. You shall be responsible
for protecting the confidentiality of your password(s), if any. Please see
our Privacy Policy for terms applicable to our data collection and use
practices.
We reserve the right to change the terms of this Usage Agreement, including
our separate Privacy Policy, from time to time, as we deem appropriate. Such
changes, modifications, additions or deletions shall be effective
immediately upon posting unless otherwise indicated. We have no duty or
obligation to inform prior users of this Web site that changes have been
made, regardless of the scope and importance of the changes. We encourage
you to periodically check back and review this Usage Agreement so that you
always will know what terms and conditions apply to your access to and use
of this Web site. Your continued use of our Web site after such changes are
posted will be deemed to constitute your agreement to and acceptance of such
changes. Our Web site may change, restrict access to, suspend or discontinue
this Web site, or any portion of this Web site, at any time.
We reserve the right to refuse service, terminate accounts and/or cancel
services at our discretion, including, but not limited to, if we believe
that customer conduct violates applicable law or is harmful to the interests
of Associated Brokers Company Realty and/or Campbell Auction Service, its
parent, affiliates or licensees.
Ownership - License
Our Web site and all content displayed on this site and all software, data
and information used to provide this Web site, including text and images,
method of display and presentation, source code, embedded routines and
programs and other materials, as well as all copyrights, trademarks, patents
and other intellectual property rights therein or thereto, are owned by
Associated Brokers Company Realty, its parent, affiliates or licensees, and
are protected under worldwide copyright, trademark and other applicable laws
and treaties. We grant you the limited and nonexclusive right and license to
access or download content from this Web site solely for your personal and
non-commercial use and as necessary in connection with the use of any
services available through the Web site. Except as expressly authorized in
this Usage Agreement, you may not modify, distribute, reproduce, display or
use this Web site or any elements thereof. All rights not expressly granted
to you by us in this Usage Agreement are reserved to Associated Brokers
Company Realty and you acknowledge that you do not acquire any ownership
rights by accessing or downloading copyrighted material from the Web site as
authorized hereunder.
Certain Restrictions
Web site features that allow housing searches to be E-mailed, printed, or
saved electronically are permitted for personal use. However, reproduction,
re-transmission or re-presentation in any form, in whole or in part, of any
content, programming code, images or graphics are strictly prohibited
without prior express written permission of
Associated Brokers Company Realty. In addition to the foregoing limitations,
you may not frame, squeeze back, overlay or employ other techniques to
enclose or display the Web site, or any trademark, logo, content or other
proprietary information (including images, text, page layout or form)
included on the Web site, with any other software or content of a third
party. You may not use any meta tags or any other “hidden text” utilizing
the names or trademarks of Associated Brokers Company Realty, its parent,
affiliates or licensees without their express written consent. Without
limiting the generality of the other restrictions set forth herein, you may
not access, monitor or copy any content or information of this Web site
using any “robot,” “spider,” “deep link,” “scraper” or other automated
means, methodology, algorithm or device or any manual process for any
purpose.
Links
This Web site may provide links or references to third party sites that
Associated Brokers Company Realty does not operate and which will allow you
to leave the site or open an additional browser connecting you to the third
party site. Associated Brokers Company Realty has no responsibility for the
content of such third party sites and shall not be liable for any damages or
injury arising from that content or your use, reliance on or access to such
third party sites. Any such links to third party sites are provided as
merely a convenience to the users of this Web site, and such links do not
imply endorsement by Associated Brokers Company Realty of such other third
party sites or the content contained therein. Associated Brokers Company
Realty disclaims all liability with regard to your access to such linked Web
sites, and access to any other Internet Web sites linked to this Web site is
at your own risk. You should consult the terms of use and privacy policy of
any other Internet Web site. You release and discharge Associated Brokers
Company Realty, its parent, affiliates or licensees from any and all
liability arising from your purchase or use of products or services by or
through such third party sites.
Product Information and Warranties
Please note that this Terms of Use applies solely to services or products
offered for sale directly by our Web site(s) and does not apply to services
or products offered or posted by one of our advertisers or members.
You may be able to purchase certain products directly from us on our Web
site. With respect to those products, we make no express warranties
whatsoever and disclaim any thereof, and all such products are sold “AS
IS.” We will, however, try to pass along the benefit of any warranties
provided by the third-party manufacturer. The terms of these warranties are
generally included in the materials accompanying the product.
EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION, WE MAKE NO
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO
ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WE HEREBY
DISCLAIM SAME.
In no event will we be liable, whether in contract, tort or under any other
legal theory, for lost profits or revenues, loss of use or similar economic
loss, for any indirect, special, incidental, consequential, punitive or
similar damages arising out of or in connection with any products (including
non-conforming products), or for any third-party claims against you relating
to any products, even if we have been advised of the possibility of such
claim. In no event will our monetary liability (whether in contract, tort or
under any other legal theory) in respect of any product exceed the purchase
price that you paid to us for it.
Your Account
If you become a member of this Web site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access
to your computer, and you agree to accept responsibility for all activities
that occur under your account or password. You are entirely responsible for
maintaining the confidentiality of your account information, including your
password, and for any and all activity that occurs under your account. You
agree to notify us immediately of any unauthorized use of your account or
password, or any other breach of security. However, you may be held liable
for losses incurred by us or any other user of, or visitor to, our Web site
due to someone else using your account or password. Please see our Privacy
Policy for further information regarding your account or password.
This Web site does not sell services or products for children. We reserve
the right to refuse service, terminate accounts, remove or edit content, or
cancel services or orders in the exercise of our sole discretion.
Disclaimer of Warranties; Limitation of Liability
You understand that there may be delays, omissions, interruptions,
inaccuracies, and/or other problems with the information, products, and
services published on or promoted over this Web site, including information,
products and services referred to, advertised or promoted on or sold though
the Web site. This Web Site and all information, products or services
available through this Web site are provided by us on an “as is” basis
without warranties of any kind, either express or implied. Neither
Associated Brokers Company Realty, nor any of its parent, affiliates or
licensees warrant that this Web Site will be uninterrupted or error free;
nor do they make any warranty as to the results that may be obtained from
use of this Web site, or as to the accuracy, reliability or completeness of
content or any information, service or merchandise provided through this Web
site.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER ASSOCIATED BROKERS
COMPANY REALTY, ITS PARENT, AFFILIATES NOR ITS LICENSEES SHALL HAVE ANY
LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE
INFORMATION CONTAINED WITHIN THIS WEB SITE, OR ANY LIABILITY FOR DAMAGES OF
ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS WEB SITE. ASSOCIATED
BROKERS COMPANY REALTY, ITS PARENT, AFFILIATES AND LICENSEES SPECIFICALLY
DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE,
INCLUDING WITHOUT LIMITATIONS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL ASSOCIATED
BROKERS COMPANY REALTY, ITS PARENT, AFFILIATES OR ITS LICENSEES OR PROVIDERS
BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF ACCESS TO,
OR THE USE OF, OR INABILITY TO USE THIS WEB SITE OR ANY PRODUCTS OR
SERVICES, INCLUDING OR RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN
ACTION FOR CONTRACT OR TORT, EVEN IF ASSOCIATED BROKERS COMPANY REALTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the entire liability of Associated Brokers Company Realty,
its parent, affiliates or licensees arising out of any kind of legal claim
arising out of or otherwise related to this Web site will not exceed the
amount you paid, if any, for the use of this Web site or any products or
services purchased hereon out of which such liability allegedly arises.
Because some states/jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, some of these
limitations may not apply to you.
Use at Your Own Risk
We provide the material available through this Web site for informational
purposes only. You may only use the material and the services available
through this Web site for your personal and non-commercial use. Before you
act on any information you’ve found on our site, you should independently
confirm any facts that are important to your decision. IF YOU RELY ON ANY
INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEB SITE, YOU EXPRESSLY AGREE
THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE
OF ANY SERVICE OR ANY INFORMATION, DATA OR MATERIALS DOWNLOADED FROM OR
OTHERWISE PROVIDED THROUGH THIS WEB SITE.
Materials Submitted by Other Users We cannot and do not review every posting
made in our blogs, chat rooms, forums and other areas available for public
postings. You may well read any given posting before anyone on our staff
does. You can expect these areas to include information and opinions from a
variety of individuals and organizations other than us. We do not endorse or
guarantee the accuracy of any posting, regardless of whether the posting
comes from a user, from a celebrity or “expert” guest, or from a member of
our staff.
Data Security We have in place, what we believe to be,
reasonable physical, electronic and managerial procedures to safeguard and
help prevent unauthorized access, maintain data security and correctly use
the information we collect online.
In general, while reasonable efforts are made to ensure the confidentiality
of your private and personal information, we cannot warrant and do not
guarantee the absolute safety and security of confidential data on the
Internet.
Data Collection and Use Any personally identifiable information
provided by you in electronic communications to the Web site is governed by
this Web site’s Privacy Policy. For a more complete description of our
collection and use of personally identifiable information and other data,
please read our Privacy Policy, the terms of which are incorporated in this
Usage Agreement by reference.
Use of Communications Services
We may provide a variety of services on this Web site through which you can
directly interact with others, such as e-mail services, blogging services,
chat rooms, communications tools, forums, classifieds and other
user-submitted advertising, and other public posting areas (“Communications
Services”), but we assume no responsibility for the views and opinions
expressed. We encourage an open exchange of information and ideas, but want
everyone to be able to enjoy these Communications Services.
We will not, in the ordinary course of business, review private electronic
messages that are not addressed to us. However, we reserve the right to do
so and to use any other forms of information available to us by virtue of
your use of our Web site (including, for example, reverse IP address
inquiry) in order to comply with the law, to enforce our Usage Agreement, or
to protect the rights, property or safety of visitors to our Web site, our
customers, the public or Associated Brokers Company Realty and its parent,
affiliates or licensees. We reserve the right (but assume no obligation) to
review the content of this Web site, including blogs, message boards, chat
rooms, listings, forums and other information posted to the Web site to
determine compliance with this Usage Agreement and operating rules
established by us, and to satisfy any law, regulation or authorized
government request. We shall have the right, in our sole discretion, to
delete, move, refuse to post, or edit any messages, listings or other
postings that come to our attention that we consider unacceptable or
inappropriate, whether for legal or other reasons.
By using this Web site, you agree not to post, submit or transmit through
this Web site any material that violates or infringes in any way upon the
rights of others, that is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane,
misleading, or otherwise objectionable, that encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or that, without our express prior approval, contains
advertising or any solicitation with respect to products or services. The
sender of any communications to this Web site or otherwise to the owners of
this Web site shall be solely responsible for the content and information
contained therein, including its truthfulness and accuracy. By posting
content, you represent and warrant that you either own or otherwise control
all rights necessary for you to provide, post, upload or submit that
content. Without limiting the foregoing, you shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights or
any other harm resulting from any content or other material submitted by you
to or through this Web site and agree that you will indemnify and hold
Associated Brokers Company Realty harmless from and against any claims,
damages or losses related to such content or other material.
We reserve the right to deny access to any Communications Service to anyone
who violates this Usage Agreement or who, in our judgment, interferes with
the ability of others to enjoy our Web site or infringes the rights of
others. We will comply with the requirements of the law regarding disclosure
of any messages to others, including law enforcement agencies.
Posted Materials
You may have the opportunity to post or otherwise submit information,
concepts, inventions, techniques, know-how, data or ideas (collectively,
“Ideas”) to us via this Web site, whether by submission to a public area of
the Web Site (e.g., blogs or message boards) or by other communication to us
through e-mail or other means of electronic communication facilitated by the
Web site. Although Associated Brokers Company Realty does not claim
ownership of content that its users post, by submitting communications,
materials or Ideas to any public area of this Web site, you grant Associated
Brokers Company Realty, its parent, affiliates and licensees the
royalty-free, perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, aggregate, translate, publicly display,
publicly perform and distribute such material and ideas (in whole or in
part) alone or as incorporated into other works in any form, media or
technology now known or hereafter on a worldwide basis. You also permit any
other user of this Web site to access, view, store or reproduce the material
or ideas for that user’s personal use. Such purposes may include disclosure
to third parties. By posting or disclosing such information, you hereby
waive any claim that Associated Brokers Company Realty misappropriated any
such Ideas, materials or any portions of your communication.
Copyrights
Associated Brokers Company Realty respects the rights of all copyright
holders and in this regard has adopted and implemented a policy that
provides for the removal of content from the Web site under certain
circumstances. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide Associated Brokers
Company Realty’ Copyright Agent the following information required by the
Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at
that site;
Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and information reasonably
sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the
complaining party (e.g., address, telephone number and e-mail
address);
A statement that the complaining party has a good faith belief that
use of the material is unauthorized; and
A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
For copyright inquiries, including notification of claims
of infringement, please contact Associated Brokers Company Realty
Administrator at: Associated Brokers Company Realty, Administrator, P.O. Box
4561, Fayetteville, AR. 72702 or
Violation of These Terms of Use We may disclose any information we have about
you (including your identity) if we determine that such disclosure is
necessary in connection with any investigation or complaint regarding your
use of the Web site, or to identify, contact or bring legal action against
someone who may be causing injury to or interference with (either
intentionally or unintentionally) our rights or property, or the rights or
property of visitors to or users of the Web site, including our
customers. We reserve the right at all times to disclose any information
that we deem necessary to comply with any applicable law, regulation, legal
process or governmental request. We also may disclose your information when
we determine that applicable law requires or permits such disclosure,
including exchanging information with other companies and organizations for
fraud protection purposes.
You acknowledge and agree that we may preserve and store any communication
by you with us through the Web site or any service offered on or through the
Web site, and may also disclose such data if required to do so by law or we
determine that such preservation or disclosure is reasonably necessary to
(1) comply with legal process, (2) enforce this Usage Agreement, (3) respond
to claims that any such data violates the rights of others, or (4) protect
the rights, property or personal safety of Associated Brokers Company
Realty, its employees, users of or visitors to the Web Site, and the public.
Without limiting any other portion of this Terms of Use Agreement, you agree
that we may, in our sole discretion and without prior notice, terminate your
access to the Web site and/or block your future access to the Web site if we
determine that you have violated these Terms of Use or other agreements or
guidelines which may be associated with your use of the Web site. You also
agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm to
us, for which monetary damages would be inadequate, and you consent to our
obtaining any injunctive or equitable relief that we deem necessary or
appropriate in such circumstances. These remedies are in addition to any
other remediesAssociated Brokers Company Realty may have
at law or in equity.
Miscellaneous Use of this Web site by you for
hijacking/spamming is strictly prohibited. By using this Web site, you agree
not to use information concerning other users of this Web site or any items
such users have listed or searched for on this Web site (including listing
information, user names, e-mail addresses, telephone numbers and/or other
information), for any purpose other than to explore the potential purchase
or sale of the item. You may not post information directed to or collect
personal information from any minor.
This Terms of Use agreement is governed by the laws of Washington County of
Northwest Arkansas, U.S.A. You hereby consent to the exclusive jurisdiction
and venue of courts in Fayetteville, Arkansas, U.S.A., in all disputes
arising out of or relating to the use of this Web site. Use of this Web site
is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment or
agency relationship exists between you and Associated Brokers Company Realty
as a result of this agreement or use of this Web site.
You agree that all notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
You shall use this Web site for lawful purposes only. Any conduct by you
that in our judgment and discretion restricts or inhibits any other person
from using or enjoying our Web site will not be permitted.
You agree that we may, in our sole discretion and without prior notice,
terminate your access to the Web site, which includes any discontinuance or
material modification of the Web site or any service offered on or through
the site, or due to any unexpected technical issues or problems. We reserve
the right to deny access to the site at our own discretion. Any and all
rights not expressly granted herein are exclusively reserved toAssociated
Brokers Company Realty. You agree that Associated Brokers
Company Realty will not be liable to you or to any third party for
termination of your access to the site as a result of any violation of these
Terms of Use.
Questions If you have further
questions that were not addressed in the above policy, please contact us at Associated Brokers Company Realty, Administrator,
PO Box 4561, Fayetteville, AR. 72702 or
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