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TERMS,
CONDITIONS AND PRIVACY POLICY
We
welcome you to the www.supernewhomesearch.com
web site (the "Web Site"). The goal of the Web Site is to
provide you with access to the most comprehensive real estate sales
products and services related to the sales and marketing of real
estate properties. The Terms of Use (the "Terms") contained
herein govern the use of the Web Site and apply to all Internet
traffic visiting the Web Site. Please review them carefully
before deciding whether to continue your use of the Web Site.
By accessing or using the Web Site, you agree to the Terms. The Terms
are meant to protect all visitors to the Web Site and your use of the
Web Site signifies that you agree to the Terms. The Web Site 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. Use of the Web Site after the posting of
any such modifications, alterations or updates signifies that you
agree to be bound by such revised Terms. IF
YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.
Linked
Sites:
In
accordance with our goals, the Web Site may permit you to link
to other web sites, that may or may not be affiliated with the Web
Site (the “Linked Sites”), and that may have terms of use that
differ from the Terms specified herein. 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
the control of the Web Site. The Web Site is not responsible for, and
does not endorse, such content, whether or not the Web Site is
affiliated with the owners of such Linked Sites. You may not
establish a hyperlink to the Web Site or provide any links that state
or imply any sponsorship or endorsement of your web site by the Web
Site, or its affiliates or Providers (defined below). Your access to
such Linked Sites through links provided on the Web Site is governed
by the terms of use and policies of those Linked Sites, not the Web
Site. If you have concerns about the terms of use governing the
use of the Linked Sites, you should read their terms of use. IF
YOU DO NOT AGREE WITH THE TERMS OF USE GOVERNING THE LINKED SITES, DO
NOT USE SUCH LINKED SITES.
TRADEMARKS,
COPYRIGHTS AND RESTRICTIONS
The
Web Site is controlled and operated by Bartow Communications, 7945
MacArthur Boulevard, Suite 218, Cabin John, MD 20818 telephone number
301/468-7001. All content on this Web Site, including, but not
limited to text, images, illustrations, audio clips, and video clips,
(collectively, the “Content”) 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 the Web Site or its
affiliates, or by third party content providers, merchants, sponsors
and licensors (collectively "Providers") that have licensed
their content and/or otherwise granted the right to use such
materials for the purpose of marketing their real estate properties
to the Web Site. Content on this Web Site or any Linked Site 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 this
Web Site or the Providers. You may request consent by e-mailing
info@registermarketing.com.
Without the prior written consent of this Web Site 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 Web Site and/or the Provider’s 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 the Web Site that you will not use the 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 the Web Site immediately terminates without the necessity of
any notice. The Web Site 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 the Web Site.
PROHIBITED
ACTIVITIES
You
are specifically prohibited from any use of the Web Site, and you
agree not to use or permit others to use the Web Site, for any of the
following: (a) to 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) to 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) to 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
the Web Site; (d) to 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) to violate any applicable local, state, national
or international law, including, but not limited to, any regulations
having the force of law; and, (f) to use any robot, spider,
intelligent agent, other automatic device, or manual process to
search, monitor or copy the Web Site pages, or the Content without
prior written permission, provided however, that generally available
third party Web browser such as Netscape Navigator® and Microsoft
Internet Explorer® may be used without such permission.
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, THE WEB SITE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE WEB
SITE, 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. THE WEB SITE 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 THE WEB SITE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE
THAT NEITHER THE WEB SITE, 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 THE 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, THE WEB SITE 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 THE WEB SITE IS NOT LIABLE OR RESPONSIBLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES. SOME
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, THE
WEB SITE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
PRIVACY
McWilliams/Ballard,
Inc. (“MB, Inc.”) and its web site, www.supernewhomesearch.com
(the “Web Site”), are committed to protecting the privacy of our
site visitors and customers. This Privacy Policy explains our online
information practices and the choices you can make about the
collection and use of your personally identifiable information. By
visiting the Web Site, you accept the practices described in this
Privacy Policy. This Privacy Policy applies only to the collection of
information at the Web Site. Different policies may apply to other
websites owned or operated by Bartow Communications, Inc. or to
information received by Bartow Communications, Inc. offline.
Types of
Personal Information Gathered by the Web Site.
Our
primary goal in collecting personally identifiable information is to
facilitate your use of the Web Site and to provide you with
personalized real estate sales services, efficient interactive
communications, and a superior customer service experience. The three
types of information we collect are 1) Information You Provide, 2)
Information Automatically Collected and 3) E-mail Communications.
No information on specific consumers who browse our website will be
collected without your knowledge.
1.
Information You Provide.
We collect certain information
provided by you that you enter on the Web Site. A) Request for
Contact (aka “Contact Me”): this information includes
certain personal information provided when you complete an online
request for contact from a representative of the Web Site regarding a
particular real estate community (including: first and last names,
e-mail address and phone number. B) Request for E-mail Updates
from the Web Site: this information consists of the e-mail address
that you provide when requesting such e-mail updates from the Web
Site. C) Registering for an Account: this
information includes certain personal information provided when you
register to create an account at the Web Site, (including: first and
last names, home zipcode, work zipcode), and any other information
that you volunteer.
2.
Automatically Collected Information.
We receive and store
domain name information in order to analyze trends, administer the
site, and track movement in order to gather broad demographic
information for aggregate use. Domain names are not linked to
personally identifiable information. For each visitor to the Web
Site, our web server automatically recognizes the consumer's domain
name only, but not the e-mail address. In addition, certain
information regarding your use of the Web Site may be collected via
cookies. This information may include which areas of the site you
visit and the frequency of your visits to the site and/or to those
areas. Usage of a cookie is in no way linked to any personally
identifiable information while on the Web Site. Even if you reject
the cookie, you may still use the Web Site.
3. E-Mail
Communications.
We collect the e-mail addresses of those
individuals who communicate with MB, Inc. or the Web Site via e-mail.
Use of
the Personally Identifiable Information.
The personally
identifiable information we gather may be used by the Web Site in the
normal course of our business, such as to help us fulfill your
request for contact or real estate property information, to customize
the sales offerings of the Web Site, to notify you about updates to
the Web Site, to contact you for ongoing marketing purposes (such as
new sales opportunities, special offers and/or upcoming events and
the like), and to comprehensively manage the customer relationship.
The information may not be used by any third parties.
Without limiting
the generality of the foregoing, the Information You Provide, as
listed above, or otherwise volunteered by you, may be specifically
used for purposes including but not limited to: A) Request for
Contact: this information may be used to contact you for the
purpose of providing you with more information regarding a particular
real estate community. B) Request for E-mail Updates
from the Web Site: this information may be used in order to e-mail
you general real estate information regarding real estate sales as
well as other related updates from the Web Site. C) Registering
for an Account: this information may be used to e-mail you
general real estate information regarding real estate sales as well
as surveys, special promotions, new sales opportunities and other
related updates from the Web Site.
When applicable,
personally identifiable information may be shared with agents or
contractors, who assist in providing support for our internal
operations. At all times, Bartow Communications, Inc. and
the Web Site reserve the right to disclose information where
required by law or to comply with valid legal process (such as a
search warrant, subpoena, or court order), to protect the company's
rights or property (including without limitation in the event of a
transfer of control of the Web Site or substantially all of its
assets), or during emergencies when safety is at risk.
Limiting
the Use of Your Personally Identifiable Information.
We want to be
sure that we keep only the most accurate and up-to-date information
about you in our records. Therefore, whenever you believe that your
contact information needs to be updated, please e-mail us at
info@registermarketing.com
to correct or update your contact information.
You may choose
at any time to remove your name, telephone numbers, and postal and
email addresses from the lists we use to send notices or updates and
elect not to receive marketing correspondences from us. To do
so, please e-mail us at info@registermarketing.com.
Changes
to the Privacy Policy.
We may revise
this Privacy Policy from time to time and will post a notice to our
homepage located on the Web Site when we make such revisions. If we
plan to use customer information for new uses not previously
disclosed in this Privacy Policy, we will post the changes to the Web
Site in order to notify you of these changes. We will also provide
you with the ability to choose whether or not we may use your
information for these new uses or only use data collected from the
time of the policy change forward for purposes related to that policy
change. If you are concerned about how your information may be used,
please check the Web Site periodically.
Security.
We are committed
to safeguarding your personally identifiable information and to
taking reasonable steps to ensure the security of that information.
Maintaining the security of your personally identifiable information
is an important concern to us. We exercise care in providing secure
transmission of your information from your computer to our servers.
Unfortunately, no data transmission over the Internet can be
guaranteed to be 100% secure. As a result, while we strive to protect
your information, we can not ensure or warrant the security of any
information you transmit to us and, therefore, you do so at your own
risk. Once we receive your transmission, the Web Site uses industry
standard efforts to safeguard the confidentiality of your
information. However, "perfect security" does not exist on
the Internet.
Children
and Privacy.
The Web Site is
not a site directed at children and we have no intention of
collecting personally identifiable information from children (in
particular, individuals under the age of 13). However, if a child has
provided the Web Site with personally identifiable information, we
ask that a parent or guardian of the child contact us via e-mail at
info@registermarketing.com
in order have such information deleted.
Disputes.
If you choose to
visit the Web Site, your visit and any dispute over privacy is
subject to this Privacy Policy and our Terms of Use (which are posted
on the Web Site).
Acceptance.
By using the Web
Site, you signify that you agree to be bound by the terms of this
Privacy Policy. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY,
PLEASE DO NOT USE THIS SITE. Your continued use of the Web
Site following the posting of changes to these terms signifies your
acceptance of those changes.
Contact
Us.
Our postal
address is Bartow Communications, 7945 MacArthur Boulevard, Suite
218, Cabin John, MD 20818. We can be reached via e-mail at
info@registermarketing.com
or by telephone at 301/468-7001.
INDEMNIFICATION
You
agree to indemnify, defend, and hold harmless the Web Site, 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 the Web Site, 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 from its offices within Alexandria,
VA. The Web Site 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 Commonwealth of VA, as
they are applied to agreements entered into and to be performed
entirely within such State. Any action you, any third party or the
Web Site 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 Virginia 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 the Web
Site, its affiliated or related entities, Providers 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.
ANY
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE WEB SITE.
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