Bend Oregon Real Estate Expert
Terms of Service, User Agreement
This page contains our full Terms of Service User Agreement. You may wish to print this page for reference.
This Agreement sets forth the terms and conditions for you to access the BendOregonRealEstateExpert.com Web site. Your use of this site constitutes your agreement to these Terms of Service.
This Agreement (the "Agreement") is between you, Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com). If you do not wish to be bound by these terms and conditions of use, you should not visit or use the BendOregonRealEstateExpert.com Web site. Jim Johnson or Matt Johnson (BendOregonRealEstateExpert.com) reserves the right to change these Terms of Service from time to time at its sole discretion, without prior notice.
Your Rights:
Jim Johnson or Matt Johnson (BendOregonRealEstateExpert.com) grants you a non-exclusive, non-transferable, limited right to access, use this Web site (the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
For Purposes of Identification:
(a) For purposes of identification, you agree to provide Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) with accurate, complete, and updated information required by the site subscription registration ("Registration Data"), including your name, address, e-mail address and telephone number(s). Failure to comply with this provision (including without limitation falsification of any (Registration Data) may, at Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com's) option, result in immediate suspension or termination of your right to use our Services.
(c) You agree to promptly update your Registration Data in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
Cancellation Policy:
In addition to any other rights of the parties set forth herein, either you or Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) may cancel or terminate this Agreement at any time. Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) also reserves the right to restrict, suspend or terminate your access to our Registration Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) terminates this Agreement based on a breach of any portion of this Agreement, Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) reserves the right to refuse to provide a subscription or any Registration Service(s) to you in the future.
You understand that to cancel service, you must request said cancellation by "email", "phone call", "phone message" or fax as a method of canceling service.
No-Commercial Use:
You agree to use the Site only in a noncommercial manner. The BendOregonRealEstateExpert.com's services are intended for individual or private use only. Any other use is strictly prohibited.
Copyright and Trademarks:
All materials on the Site, including without limitation text, images, software and databases (collectively, the "Content") are owned or controlled by Jim Johnson, Principal Real Estate Broker; Matt Johnson, Real Estate Broker, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of Jim Johnson or Matt Johnson.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of BendOregonRealEstateExpert.com, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of Jim Johnson or Matt Johnson or the relevant Affiliate.
Information Provided:
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. Jim Johnson or Matt Johnson reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
Privacy Policy
Registration, membership and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.
Links to Other Sites:
The Site may contain links to other sites on the Internet, which may be maintained by third parties. Such links do not constitute an endorsement by Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) or its Affiliates of any third-party site or any materials contained therein. Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
Age Restrictions:
You represent and warrant to Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
Indemnification:
You hereby agree to indemnify, defend and hold harmless Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) and its Affiliates from and against any and all liability and costs incurred by Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Jim Johnson and Matt Johnson.
DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, JIM JOHNSON AND MATT JOHNSON (BENDOREGONREALESTATEEXPERT.COM) AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY JIM JOHNSON AND MATT JOHNSON (BENDOREGONREALESTATEEXPERT.COM). JIM JOHNSON AND MATT JOHNSON (BENDOREGONREALESTATEEXPERT.COM) DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL JIM JOHNSON AND MATT JOHNSON (BENDOREGONREALESTATEEXPERT.COM) OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR JIM JOHNSON AND MATT JOHNSON (BENDOREGONREALESTATEEXPERT.COM) OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF JIM JOHNSON AND MATT JOHNSON (BENDOREGONREALESTATEEXPERT.COM), THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF JIM JOHNSON AND MATT JOHNSON (BENDOREGONREALESTATEEXPERT.COM) AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS. YOU HEREBY RELEASE JIM JOHNSON AND MATT JOHNSON (BENDOREGONREALESTATEEXPERT.COM) AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Modifications:
(a) To the Agreement.
Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) in providing the Site, including without limitation any change in the Content is to cancel your subscription.
(b) To the Site:
Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site. Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) may also impose limits on certain features and services or restrict your access to parts or all of the BendOregonRealEstateExpert.com Site without notice or liability.
General:
This Agreement constitutes the entire agreement between you and Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) with respect to the Site and supersedes all prior agreements between you and Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com). Failure by Jim Johnson and Matt Johnson (BendOregonRealEstateExpert.com) to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. The laws of the state of Oregon shall govern interpretation and enforcement of this agreement. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Subscribing to BendOregonRealEstateExpert.com indicates your agreement to the terms and conditions set forth above.