TERMS OF USE
TOTAL REAL ESTATE GROUP,LLC SITES
These Web Sites located at total-property.com, totalbendrealestate.com, totalportlandrealestate.com, totalvancouverrealestate.com (collectively, the “Sites”) are owned and operated by Total Real Estate Group, LLC, an Oregon limited liability company, (“Total Real Estate Group”). By using and accessing the Sites and logging on to the Sites you expressly acknowledge that you have read and understand these terms of use (“Terms of Use”) and agree to be bound by the Terms of Use.
1. USE OF THE SITES:
The Sites are provided solely for information purposes. Total Real Estate Group may modify or change the Terms of Use at any time by posting notice of such change on Sites. Your continued use of any of the Sites after the effective date of such notice will constitute acknowledgment and acceptance of the revised Terms of Use.
Total Real Estate Group may make certain information or services available via the Sites only pursuant to additional guidelines, rules, or agreements applicable to such services which may be posted from time to time.
You are entitled to view, copy and print any documents that are made generally available on the Sites but only for your own internal business purposes. Any sale, transmission or redistribution of the Sites or its content, and any copying, modification or other use of the Sites or its content for any purposes other than your own internal business purposes, are strictly prohibited.
You are prohibited from using the Sites to gain unauthorized access, directly or indirectly, to Total Real Estate Group computer systems or a third party’s computer systems. You shall not interfere with another user’s use or enjoyment of the Sites.
Total Real Estate Group reserves the right, in its sole discretion, to take action that it deems appropriate for violations of this Terms of Use, including but not limited to terminating your access to The Sites, filing of criminal charges against you, or the initiating of a civil action against you.
To the extent required to do so by law, Total Real Estate Group will fully cooperate with any law enforcement authorities or court order requesting or directing Total Real Estate Group to disclose information regarding users of the Sites.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
2. PRIVACY POLICY
Registration data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy on the Sites.
3. PROPRIETARY RIGHTS
The Sites contain proprietary information that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Total Real Estate Group you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Sites, in whole or in part.
4. TERMINATION
Total Real Estate Group may terminate your access to or use of the Sites and remove and discard any content within the Sites, for any reason. Total Real Estate Group may also discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Total Real Estate Group may immediately deactivate or delete all related information and files. Further, you agree that Total Real Estate Group shall not be liable to you or any third-party for any termination of your access to Sites.
5. LINKS TO THIRD PARTY SITES
The Sites may provide links to third party websites or resources. Such websites are publicly available and Total Real Estate Group is providing access to such websites through the Sites solely as a convenience to you. Because Total Real Estate Group has no control over such websites and resources, you acknowledge and agree that Total Real Estate Group is not responsible for the availability of such external websites or resources. The fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors by Total Real Estate Group. Total Real Estate Group does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Total Real Estate Group shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource. You understand and agree that you will use or rely on such websites solely at your own risk and that Total Real Estate Group does not grant to you any rights in respect of such websites.
6. INDEMNITY
You agree to indemnify and release Total Real Estate Group and its affiliates from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Information or the Sites, including, without limitation, any claims that if the allegations were true would constitute a breach of this Terms of Use.
7. DISCLAIMER OF WARRANTIES
a. TOTAL REAL ESTATE GROUP STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THIS SITES. HOWEVER, TOTAL REAL ESTATE GROUP MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THIS SITES. TOTAL REAL ESTATE GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITES. YOUR USE OF SITES IS AT YOUR SOLE RISK. THE SITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOTAL REAL ESTATE GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
b. TOTAL REAL ESTATE GROUP MAKES NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS, (ii) SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITES WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOTAL REAL ESTATE GROUP OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
8. LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOTAL REAL ESTATE GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOTAL REAL ESTATE GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SITES; OR (iv) ANY OTHER MATTER RELATING TO THE SITES.
b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. NOTICE
Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on Sites.
10. GENERAL INFORMATION
a. The failure of Total Real Estate Group to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Terms of Use, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this Terms of Use will continue in full force and effect.
b. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Sites or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c. THIS TERMS OF USE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OREGON, WITHOUT GIVING REGARD TO THE CHOICE OF LAW PROVISIONS OF THE STATE. IN THE EVENT THAT ANY PROVISION OF THIS TERMS OF USE OR ANY PART HEREOF IS FOUND INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS TERMS OF USE WILL BE BINDING ON THE PARTIES HERETO AND WILL BE CONSTRUED AS IF THE INVALID OR UNENFORCEABLE PROVISION OR PART THEREOF HAD BEEN DELETED.