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COLDWELL
BANKER JENNAE, INC
TERMS and CONDITIONS of USE
WHAT
YOU SHOULD KNOW
Welcome to the coldwellbankerjennae.com web site (the "Web
Site"). The goal of this Web Site is to provide you with access
to the most comprehensive network of residential real estate products/services
and related links to meet your needs. Please read our Terms of Use
(the "Terms") carefully before continuing on with your
use of this Web Site. These Terms shall govern the use of the Web
Site and apply to all Internet traffic visiting the Web Site. By
accessing or using this Web Site, you agree to the Terms. The Terms
are meant to protect all of our Web Site visitors and your use of
this Web Site signifies your agreement with these Terms. IF YOU
DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. CBJ
reserves the right, in its sole discretion, to modify, alter or
otherwise update these Terms at any time. Such modifications shall
be effective immediately upon posting. By using this Web Site after
we have posted notice of such modifications, alterations or updates
you agree to be bound by such revised Terms.
In accordance with our goals, this Web Site will permit you to link
to many other web sites, that may or may not be affiliated with
this Web Site and/or CBJ, and that may have terms of use that differ
from, or contain terms in addition to, the terms specified here.
Your access to such web sites through links provided on this Web
Site is governed by the terms of use and policies of those sites,
not this Web Site.
PRIVACY
Registration data and certain other information about you is subject
to our Privacy Policy. For more information, please review our full
Privacy Policy which can be found on coldwellbankerjennae.com.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by CBJ, 1101 West Poplar
Ave., Collierville, Tennessee 38017, telephone 901-853-0834. All
content on this Web Site, including, but not limited to text, images,
illustrations, audio clips, and video clips, is protected by copyrights,
trademarks, service marks, and/or other intellectual property rights
(which are governed by U.S. and worldwide copyright laws and treaty
provisions, privacy and publicity laws, and communication regulations
and statutes), and are owned and controlled by CBJ or its affiliates,
or by third party content providers, merchants, sponsors and licensors
(collectively "Providers") that have licensed their content
or the right to market their products and/or services to CBJ. Content
on this Web Site or any web site owned, operated, licensed or controlled
by the Providers is solely for your personal, non-commercial use.
You may print a copy of the content and/or information contained
herein for your personal, non-commercial use only, but you may not
copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the content or information in any way (including
by e-mail or other electronic means) for commercial use without
the prior written consent of CBJ or the Providers. You may request
consent by faxing a request to CBJ 901-853-1676. Without the prior
written consent of CBJ or the Providers, your modification of the
content, use of the content on any other web site or networked computer
environment, or use of the content for any purpose other than personal,
non-commercial use, violates the rights of the owners of the coldwellbanker.com
and/or the Provider copyrights, trademarks or service marks and
other proprietary rights, and is prohibited. As a condition to your
use of this Web Site, you warrant to CBJ that you will not use our
Web Site for any purpose that is unlawful or prohibited by these
Terms, including without limitation the posting or transmitting
any threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material. If you violate any of these Terms,
your permission to use our Web Site immediately terminates without
the necessity of any notice. CBJ retains the right to deny access
to anyone at its discretion for any reason, including for violation
of these Terms. You may not use on your web site any trademarks,
service marks or copyrighted materials appearing on this Web Site,
including but not limited to any logos or characters, without the
express written consent of the owner of the mark or copyright. You
may not frame or otherwise incorporate into another web site any
of the content or other materials on this Web Site without prior
written consent of CBJ.
LINKS
This Web Site may contain links to other web sites ("Linked
Sites"). The Linked Sites are provided for your convenience
and information only and, as such, you access them at your own risk.
The content of any Linked Sites is not under CBJ's control, and
CBJ is not responsible for, and does not endorse, such content,
whether or not CBJ is affiliated with the owners of such Linked
Sites. You may not establish a hyperlink to this Web Site or provide
any links that state or imply any sponsorship or endorsement of
your web site by CBJ, or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE
WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS,
ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION, CBJ DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER CBJ, ITS AFFILIATED
OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED
IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT
THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER
THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE
IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. CBJ
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE
RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE
AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
YOU (AND NOT CBJ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER
CBJ, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS),
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON
OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION
OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY
WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL,
PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE
OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM
THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
CBJ AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR
LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION,
COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION
OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION,
OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT CBJREC IS NOT LIABLE OR RESPONSIBLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS
OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IN SUCH JURISDICTIONS, CBJ'S LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless CBJ and the Providers,
its and their officers, directors, employees, affiliates, agents,
licensors, and suppliers from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting
from any violation by you of these Terms
THIRD PARTY RIGHTS
These Terms are for the benefit of CBJ and its Providers, its and
their officers, directors, employees, affiliates, agents, licensors,
and suppliers. Each of these individuals or entities shall have
the right to assert and enforce these Terms directly against you
on its or their own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified, the content contained in this Web Site
is presented solely for your convenience and/or information. This
Web Site is controlled and operated by CBJ from its offices within
Collierville, TN. CBJ makes no representation that content in its
Web Site is appropriate or available for use in other locations.
Those who choose to access this Web Site from other locations do
so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. You
may not use or export the materials in this Web Site in violation
of U.S. export laws and regulations. These Terms shall be governed
by, construed and enforced in accordance with the laws of the State
of Tennessee, as they are applied to agreements entered into and
to be performed entirely within such State. Any action you, any
third party or CBJ brings to enforce these Terms, or in connection
with any matters related to this Web Site, shall be brought only
in either the state or Federal courts located in and for Shelby
County, Tennessee and you expressly consent to the jurisdiction
of said courts. If any provision of these Terms shall be unlawful,
void or for any reason unenforceable, then that provision shall
be deemed sever able from these Terms and shall not affect the validity
and enforceability of any remaining provisions.
ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each obligation
referenced herein, represent the entire Agreement between CBJ, its
affiliated or related entities, and you, and supersede any prior
agreements or understandings not incorporated herein. In the event
that any inconsistencies exist between these Terms and any future
published terms of use or understanding, the last published Terms
or terms of use or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COLDWELL
BANKER JENNAE, INC.
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