WHAT YOU SHOULD
KNOW
Welcome to the www.Barbarasellsaz.com and
www.BabaraSmithaz.com web site (the "Web Site"). The
goal of this Web Site is to provide you with access to a comprehensive network of real estate related 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.
Barbara Smith 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 Barbara Smith,
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 are
subject to our Privacy Policy. For more information, please
review our full Privacy Statement.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by Barbara Smith. 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 Barbara Smith 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 Barbara Smith and
Sotheby's. 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 Barbara Smith or the Providers. You may
request consent by faxing a request to Barbara Smith. Without the prior written consent of
Barbara Smith 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 Barbara Smith
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 Barbara Smith 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. Barbara Smith 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 Barbara Smith.
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 Barbara Smith's control.
Barbara Smith
is not responsible for, and does not endorse, such content,
whether or not Barbara Smith 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 Barbara
Smith, 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, Barbara Smith
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. NEITHER Barbara Smith, 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.
Barbara Smith 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 Barbara Smith) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER Barbara Smith, NOR ITS AFFILIATED OR RELATED ENTITIES
(INCLUDING ITS PROVIDERS), NOR ANY OF HER 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, Barbara Smith 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 Barbara Smith 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, Barbara Smith's
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Barbara Smith,
Sotheby's, 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 Barbara Smith, Sotheby's, 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 Barbara
Smith. Barbara Smith 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 Arizona,
as they are applied to agreements entered into and to be
performed entirely within such State. Any action you, any third
party or Barbara Smith 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 Phoenix, Arizona 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 severable from these Terms
and shall not affect the validity and enforceability of any
remaining provisions.
|
|