Terms of Service Agreement
1. Acceptance of Agreement.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters relatedto the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Thecopying, redistribution, use or publication by you of any such matters or any partof the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Sitedoes not constitute a waiver of any right in such information andmaterials. Some of the content on thesite is the copyrighted work of third parties.
3. Service Marks.
Barker Hedges Group, the Barker & Hedges Team, www.barkerhedges.com, Homes of Minnesota, Homes of Minnesota Team and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarksof their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocablelicense (a) to access and use the Site strictly in accordance with thisAgreement; (b) to use the Site solely for internal, personal, non-commercialpurposes; and (c) to print out discrete information from the Site solely forinternal, personal, non-commercial purposes and provided that you maintain allcopyright and other policies contained therein. No print out or electronic version of any part of the Site or itscontents may be used by you in any litigation or arbitration matter whatsoeverunder any circumstances.
5. Restrictions and Prohibitions on Use.
6. Forms, Agreements & Documents
We may make available through the Site certain property listinginformation, buyer and seller information, market statistics, and otherinformation (collectively, "Documents"). All Documents are provided for your personal use and we do not guaranteethe accuracy of the information provided.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site isnot intended to and does not constitute legal advice, recommendations,mediation or counseling under any circumstance and no attorney-clientrelationship is formed. We do notwarrant or guarantee the accurateness, completeness, adequacy or currency ofthe information contained in or linked to the Site. Your use of information on the Site or materials linked to the Siteis entirely at your own risk. We are nota law firm and the Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do notremove or obscure, by framing or otherwise, advertisements, the copyrightnotice, or other notices on the Site, (b) your site does not engage in illegalor pornographic activities, and (c) you discontinue providing links to the Siteimmediately upon request by us.
The Site may contain advertising and sponsorships. Advertisersand sponsors are responsible for ensuring that material submitted for inclusionon the Site is accurate and complies with applicable laws. We are not responsible for the illegality orany error, inaccuracy or problem in the advertiser's or sponsor's materials.
Certain sections of, or offerings from, the Site may require youto register. If registration isrequested, you agree to provide us with accurate, complete registrationinformation. Your registration must bedone using your real name and accurate information. Each registration is for your personal useonly and not on behalf of any other person or entity. We do not permit (a) anyother person using the registered sections under your name; or (b) accessthrough a single name being made available to multiple users on a network. You are responsible for preventing suchunauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free,free of viruses or other harmful components, or that defects will becorrected. We do not represent orwarrant that the information available on or through the Site will be correct,accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of theSite at any time. We reserve the rightin our sole discretion to edit or delete any documents, information or othercontent appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessiblevia links from the Site. We are notresponsible for and assume no liability for any mistakes, misstatements of law,defamation, omissions, falsehood, obscenity, pornography or profanity in thestatements, opinions, representations or any other form of content on theSite. You understand that theinformation and opinions in the third party content represent solely thethoughts of the author and is neither endorsed by nor does it necessarilyreflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reportedviolations of this Agreement and to take any action we deem appropriate,including but not limited to reporting any suspected unlawful activity to lawenforcement officials, regulators, or other third parties and disclosing anyinformation necessary or appropriate to such persons or entities relating toyour profile, email addresses, usage history, posted materials, IP addressesand traffic information.
You agree to indemnify, defend and hold us andour partners, agents, officers, directors, employees, subcontractors,successors, assigns, third party suppliers of information and documents,attorneys, advertisers, product and service providers, and affiliates(collectively, "Affiliated Parties") harmless from any liability,loss, claim and expense, including reasonable attorney's fees, related to yourviolation of this Agreement or use of the Site.
Your right to use the Site is not transferableor assignable. Any password or right given to you to obtain information ordocuments is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM ORTHROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH"ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDINGBUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAINBUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVENO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT ASPROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WEAND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTALOR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OFPROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACHOF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVENIF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OFDAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAINBETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS ANDINFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICEOR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THESITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOTEXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINEDWITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not beliable for any loss, injury, claim, liability, or damage of any kind resultingin any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom,(b) the unavailability or interruption of the Site or any features thereof, (c)your use of the Site, (d) the content contained on the Site, or (e) any delayor failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF USAND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ORRELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICESPROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE INLIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
19. Third-Party Services.
We may allow access to or advertise certainthird-party product or service providers ("Merchants") from which youmay purchase certain goods or services. You understand that we do not operateor control the products or services offered by Merchants. Merchants areresponsible for all aspects of order processing, fulfillment, billing andcustomer service. We are not a party to the transactions entered into betweenyou and Merchants. You agree that use of or purchase from such Merchants is ATYOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIEDOR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITYOR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGESARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATIONAPPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies)and operating procedures of Merchants will apply to you while on any Merchantsites. We are not responsible for information provided by you to Merchants. Weand the Merchants are independent contractors and neither party has authorityto make any representations or commitments on behalf of the other.
You represent and warrant that if you arepurchasing something from us or from Merchants that (i) any credit informationyou supply is true and complete, (ii) charges incurred by you will be honoredby your credit card company, and (iii) you will pay the charges incurred by youat the posted prices, including any applicable taxes.
23. Securities Laws.
The Site may include statements concerning ouroperations, prospects, strategies, financial condition, future economicperformance and demand for our products or services, as well as our intentions,plans and objectives (particularly with respect to product and serviceofferings), that are forward-looking statements. These statements are basedupon a number of assumptions and estimates which are subject to significantuncertainties, many of which are beyond our control. When used on our Site,words like "anticipates," "expects," "believes,""estimates," "seeks," "plans," "intends,""will" and similar expressions are intended to identifyforward-looking statements designed to fall within securities law safe harborsfor forward-looking statements. The Site and the information contained hereindoes not constitute an offer or a solicitation of an offer for sale of anysecurities. None of the information contained herein is intended to be, andshall not be deemed to be, incorporated into any of our securities-relatedfilings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. Weare not responsible for the content, accuracy or opinions express in such Websites, and such Web sites are not investigated, monitored or checked foraccuracy or completeness by us. Inclusion of any linked Web site on our Sitedoes not imply approval or endorsement of the linked Web site by us. If you decideto leave our Site and access these third-party sites, you do so at your ownrisk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others,and we ask you to do the same. If you believe that your work has been copied ina way that constitutes copyright infringement, please provide our CopyrightAgent the following information:
a. Anelectronic or physical signature of the person authorized to act on behalf ofthe owner of the copyright interest;
b. Adescription of the copyrighted work that you claim has been infringed;
c. Adescription of where the material that you claim is infringing is located onthe Site;
d. Youraddress, telephone number, and email address;
e. Astatement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; and
f. Astatement by you, made under penalty of perjury, that the above information inyour Notice is accurate and that you are the copyright owner or authorized toact on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org
26. Information and Press Releases.
The Site contains information and press releasesabout us. We disclaim any duty or obligation to update this information or anypress releases. Information about companies other than ours contained in thepress release or otherwise, should not be relied upon as being provided or endorsedby us.
27. Legal Compliance.
You agree to comply with all applicable domestic and internationallaws, statutes, ordinances and regulations regarding your use of the Site andthe Content and Materials provided therein.
This Agreement shall be treated as though itwere executed and performed in Minneapolis, MN, and shall be governed by andconstrued in accordance with the laws of the State of Minnesota (without regardto conflict of law principles). Any cause of action by you with respect to theSite must be instituted within one (1) year after the cause of action arose orbe forever waived and barred. All actions shall be subject to the limitationsset forth in Section 16 and Section 17. The language in this Agreement shall beinterpreted as to its fair meaning and not strictly for or against any party.This Agreement and all incorporated agreements and your information may beautomatically assigned by us in our sole discretion to a third party in theevent of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, thatportion shall be construed consistent with applicable law and the remainingportions shall remain in full force and effect. To the extent that anything inor associated with the Site is in conflict or inconsistent with this Agreement,this Agreement shall take precedence. Our failure to enforce any provision ofthis Agreement shall not be deemed a waiver of such provision nor of the rightto enforce such provision. Our rightsunder this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relatingto this Agreement or our services, excluding legal action taken by us tocollect or recover damages for, or obtain any injunction relating to, Siteoperations, intellectual property, and our services, shall be settled solely bybinding arbitration in accordance with the commercial arbitration rules of theAmerican Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individualbasis, and shall not be consolidated in any arbitration with any claim orcontroversy of any other party. Thearbitration shall be conducted in Minneapolis, MN, and judgment on thearbitration award may be entered into any court having jurisdictionthereof. Either you or us may seek anyinterim or preliminary relief from a court of competent jurisdiction in Minneapolis,MN necessary to protect the rights or property of you and us pending thecompletion of arbitration. Each partyshall bear one-half of the arbitration fees and costs incurred through AAA.