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Larry Hawkins Realty - YourFresnoBroker.com
Web Site User Disclaimer
By
using Larry Hawkins Realty ("LHR") Web Site, you hereby agree
to be bound by all of the terms and conditions contained in
this User Agreement ("Agreement"). Web Portal Design Corp.
("Web Portal") reserves the right at their discretion to change
the terms of this Agreement and will notify users of any such
changes by online postings. Your continued use of the LHR
Web Site after the posting of any notice of change in terms
shall constitute your acceptance to be bound by any such changes.
1.
LIMITATIONS ON USE
Copyright
and Restrictions. All information displayed, transmitted
or carried on the Larry Hawkins Realty Web Site (including,
but not limited to, third party MLS database content, real
estate property listings, directories, guides, news articles,
opinions, reviews, text, photographs, digital images, illustrations,
audio clips, video clips, trademarks, service marks and the
like, collectively the "Content") is protected by copyright
and other intellectual property laws.
The Content is owned by Web Portal, its affiliates or third
party licensors. You may not modify, publish, transmit, transfer,
sell, reproduce, create derivative work from, distribute,
repost, perform, display, or in any way commercially exploit
any of the Content or infringe upon trademarks or service
marks contained in such Content. You agree to abide by all
copyright notices and restrictions attached to any Content
accessed through the LHS Web Site, not to alter the Content
in any way, and not to alter or remove any trademark, copyright
or any other notice from copies of the Content.
Permitted
Use. You may make a single copy of the Content displayed
on the LHR for personal, noncommercial use only, provided
that you do not remove any trademarks, copyright and any other
notice contained in such Content. You shall not archive or
retain any Content in any form without the written permission
from Web Portal. You may not distribute (including via e-mail
or the Internet), or otherwise make available, copies to others,
whether or not for payment or other consideration, without
the written permission from Web Portal Design Corp. You may
submit requests for permission to retain, distribute or reproduce
to the Web Portal Permissions Desk at Box 2144 Clovis, CA
93613.
Changes
in LHR Web Site. Web Portal may modify, suspend, discontinue
or restrict the use of any portion of the LHR Web Site, including
the availability of any Content feature, at any time and without
notice or liability.
2.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
The LHR Web Site contains facts, views, opinions, statements
and recommendations of third party individuals and organizations.
Web Portal does not represent or endorse the accuracy, currentness
or reliability of any advice, opinion, statement, MLS database,
real estate property listing, schedule or other information
displayed, uploaded or distributed through the LHR Web Site.
You acknowledge that any reliance upon any such opinion, advice,
statement or information shall be at your sole risk.
Web Portal makes no warranty regarding the LHR Web Site or
any content, services or products provided through or in connection
with the LHR Web Site. Web Portal expressly disclaims any
and all warranties, express or implied, including, without
limitation: (a) any warranties as to the availability, accuracy,
completeness or content of information, products or services
which are part of the LHS web site; and (b) warranties of
fitness for a particular purpose, or merchantability or against
infringement. In no event will Web Portal, LHS, its affidres,
licensors, employees, agents or contractors be liable to you
for any damages or losses, including without limitation indirect,
consequential, special, incidental or punitive damages resulting
from or caused by the LHR Web Site, its content or any errors
or omissions in its content, even if advised of the possiblity
of such damages.
Any liability of Web Portal Design Corp., Larry Hawkins Realty,
its affiliates, licensors, employees, agents or contractors,
including without limitation any liability for damages caused
or allegedly caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communications line failure,
theft or destruction or unauthorized access to, alteration
of, or use of records, whether for breach of contract, tortious
behavior, negligence, or under any other cause of action,
shall be strictly limited to the amount paid to Web Portal
by or on behalf of you in connection with the LHR web site
in the 12 months prior to the claimed injury or damage.
3.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance
with the laws of the State of California, without regard to
its conflicts of law provisions. Any cause of action with
respect to this Agreement and your rights and obligations
must be filed in the County of Santa Clara, State of California
within one year after the cause of action, otherwise the cause
shall be barred.
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