Welcome to the
coldwellbankerwise.com web site (the "Web Site").
The goal of this Web Site is to provide you with access
to the most comprehensive network of commerical and residential
real estate products/services and related links to meet
your needs (the "Content"). 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. Coldwell Banker,
Bill Carter Realtors Real Estate Corporation ("CBBCRREC",
"We", "Us", "Our") 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 CBBCRREC,
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.
TRADEMARKS,
COPYRIGHTS AND RESTRICTIONS
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 CBBCRREC
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 CBBCRREC.
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 CBBCRREC
or the Providers. Without the prior written consent of
CBBCRREC
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 CBBCRREC
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. CBBCRREC
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 CBBCRREC.
PROHIBITED
ACTIVITIES
You are specifically
prohibited from any use of this Web Site, and You agree
not to use or permit others to use this Web Site, for any
of the following: (a) take any action that imposes an unreasonable
or disproportionately large load on the Web Site's infrastructure,
including but not limited to "spam" or other such
unsolicited mass e-mailing techniques; (b) disclose to,
or share with, the assigned confirmation numbers and/or
passwords with any unauthorized third parties or using the
assigned confirmation numbers and/or passwords for any unauthorized
purpose; (c) attempt to decipher, decompile, disassemble
or reverse engineer any of the software or HTML code comprising
or in any way making up a part of this Web Site; (d) upload,
post, emailing or otherwise transmitting any information,
Content, or proprietary rights that You do not have a right
to transmit under any law or under contractual or fiduciary
relationships; (e) violating any applicable local, state,
national or international law, including, but not limited
to, any regulations having the force of law; and, (f) using
any robot, spider, intelligent agent, other automatic device,
or manual process to search, monitor or copy Our Web pages,
or the Content without Our prior written permission, provided
that generally available third party Web browser such as
Netscape Navigator® and Microsoft Internet Explorer®
may be used without such permission.
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 CBBCRREC's
control, and CBBCRREC
is not responsible for, and does not endorse, such content,
whether or not CBBCRREC
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 CBREC, 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, CBREC DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. NEITHER CBREC, 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. CBREC 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 CBBCRREC)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER
CBREC, 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,
CBREC 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 CBREC 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, CBREC'S LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to
indemnify, defend, and hold harmless CBBCRREC
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 CBBCRREC
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 CBBCRREC.
CBBCRREC 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 Texas, as they are applied to agreements entered
into and to be performed entirely within such State. Any
action you, any third party or CBBCRREC
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
Wise County, Texas 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 CBBCRREC,
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.