These Terms of Use (this “Agreement”) governs your access and use of our website and is a legal agreement between you and Las Campanas Realty, LLC, a Delaware limited liability company (“Las Campanas Realty,” “we,” “us” or “our”). The parties to this Agreement are sometimes referred to in this Agreement collectively as the “Parties” and individually as a “Party.”
By using our website, you represent and warrant to us that you are at least 18 years of age and you agree to this Agreement and any revisions to it that we may make from time to time. We may revise this Agreement by notifying you or by posting a revised Agreement on our website.
Grant of License to Use Our Website
Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive license to use our website for your personal use only. We make no representations or warranties to you regarding the functionality or availability of our website or your ability to access our website using your computer, tablet, phone or other hardware or telecommunications technologies.
Ownership of Intellectual Property
We own our website, all content located on our website (including, but not limited to, our logo, text, videos, photographs, music and other materials) and all trademarks, copyrights, trade secrets, patents and other intellectual property rights associated therewith or with our business (collectively, the “Intellectual Property”), except to the extent any of the foregoing is licensed from a third party. We and our third-party licensors retain all right, title and interest in the Intellectual Property, including all patent, copyright, trademark and trade secret rights therein.
Contacting You
We may call you by telephone or send you an email message to communicate with you when you use our website, including to notify you of any changes to this Agreement, our Privacy Policy or the services we provide. You (a) consent to receive communications, including notifications, from us in an electronic form; (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hard copy writing; and (c) authorize us to contact you about our services or other related matters at the telephone number and email address you provided, even if your number is on a federal, state or internal Do Not Call list, and to send marketing calls and texts to you using an automated system for selection or dialing of numbers or pre-recorded or artificial voice messages that relate to real estate products or services. You may unsubscribe at any time.
Information You Provide to Us
You represent and warrant to us and covenant with us that (a) any information you provide to us is accurate and complete and that you will provide to us any updates to your information; (b) you own the information you provide to us or otherwise have the legal right to share that information with us; and (c) you will comply with all laws and regulations applicable to any information you provide to us.
By using our website, you agree that we may automatically collect information from you and your device while you use our website. This information may include any actions you take on our website, including content and pages visited and duration of your visit. You also agree that we may collect, transmit and process information collected by our website as described in our Privacy Policy posted on our website, as it may be updated from time to time.
Your Use of Our Website
You agree that you will (a) use our website for the sole purpose of obtaining information about our real estate services and properties available for sale or lease; (b) use our website only in accordance with this Agreement and in compliance with all applicable laws and regulations; (c) transmit to us via any form on our website only information you own or have a legal right to provide to us and that is not threatening, harassing, hateful, intimidating, defamatory, libelous, fraudulent, obscene, indecent, pornographic or otherwise objectionable or protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right; (c) not introduce into our website any malicious software or other computer code, such as a virus, spyware, worm, Trojan horse, robot, spider or other similar harmful or invasive technology; (d) not link our website to any other website without our prior written consent; and (e) not alter any content on our website or remove any copyright or trademark notice or symbol.
Links to Other Websites
We may provide on our website links to websites owned and/or maintained by third parties. By using our website and accessing any such links, you agree that we are not responsible for the content or products on or made available through such websites or for the functionality of such websites. You also acknowledge that you will not hold us responsible or liable for, and release us from, any damage or loss arising from your use of or reliance on the services or products of such third-party website providers.
Your Feedback to Us
Any comments, feedback, information or materials that you submit to us via our website will be non-confidential and will become our property. By submitting any such comments, feedback, information or materials, you irrevocably assign to us, at no charge, all right, title and interest in and to the copyrights and other intellectual property rights in all such comments, feedback, information or materials.
Disclaimer of Warranties
OUR WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY WARRANTY THAT THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE FREE FROM ERRORS OR THAT USE OF OUR WEBSITE WILL BE FREE FROM INTERRUPTION. WE HEREBY DISCLAIM (A) ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OUR WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND (B) ANY WARRANTIES THAT OUR WEBSITE WILL MEET ANY USER’S REQUIREMENTS, WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (collectively, the “LCR PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OR PERFORMANCE OF OUR WEBSITE OR ANY THIRD PARTY SITE; (B) ANY DELAY OR INABILITY TO USE OUR WEBSITE OR ANY THIRD PARTY SITE; (C) THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICE; (D) THE INFORMATION, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITE OR ANY THIRD PARTY SITE; OR (D) OUR WEBSITE OR ANY THIRD PARTY SITE OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE SITE OR ANY THIRD PARTY SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SITE OR ANY THIRD PARTY SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE OR THIRD PARTY SITE.
Indemnity
You will defend, indemnify and hold harmless each of the LCR Parties and their respective successors and assigns from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of or relating to: (a) activities arising out of, relating to, resulting from or in connection with, this Agreement or your use of our website; or (b) any violation or alleged violation of this Agreement by you.
Termination
This Agreement is effective until terminated. We may terminate or suspend your use of the website at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the website will immediately cease. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the Parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.
Governing Law; Dispute Resolution
This Agreement will be governed by and construed in accordance with the laws of the State of New Mexico, without regard to principles of conflicts of laws.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED VIA ALTERNATIVE DISPUTE RESOLUTION INSTEAD OF IN COURT BY A JUDGE OR JURY.
In the event of a Dispute, each Party will promptly appoint a knowledgeable, responsible and authorized representative to meet and negotiate in good faith to resolve the Dispute. The location, form, frequency, duration and conclusion of these discussions will be left to the discretion of the representatives during the ninety (90) days following appointment of the representatives for the Parties. Discussions and correspondence among the representatives are solely for purposes of a prospective settlement of the Dispute and are exempt from any discovery and/or production in any future proceedings and will not be admissible therein without the concurrence of the Parties.
If a Dispute cannot be settled through these discussions, the Parties agree to attempt to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures during the ninety (90) days following termination of the discussions of the representatives for the Parties. Mediation will be conducted in Santa Fe County, New Mexico. The Parties will cooperate with one another in selecting a mediator and will cooperate with the mediator, and with one another, in scheduling the mediation proceedings. The mediator’s fees and expenses will be shared equally between the Parties.
The Parties further agree that any unresolved Dispute following mediation will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The arbitration will be conducted in Santa Fe County, New Mexico.
Time is of the essence for any arbitration under this Agreement and all arbitration hearings will take place within one hundred fifty (150) days of filing and any final award rendered within one hundred eighty (180) days of filing, with the arbitrator agreeing to these limits prior to accepting appointment.
The arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. The arbitrator will award to the prevailing Party, if any, as determined by the arbitrator, all of the prevailing Party’s costs and fees, including, but not limited to, attorneys’ fees and expenses. Except as may be required by applicable law, neither a Party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both Parties. The Parties agree that failure or refusal of a Party to pay its required share of the deposits for arbitrator compensation or administrative charges will constitute a waiver by that Party to present evidence or cross-examine witnesses.
YOU FURTHER AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY, AND YOU ARE AGREEING TO GIVE UP ANY LEGAL RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
Contacting Us
If you have a question or concern regarding the website, please complete and submit the form located here: _______________________. You may also contact us by calling us at ________________ or sending us an email message at ____________________. Please do not include personal or other sensitive information in your email correspondence with us.
Export Controls; International Use
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant to us that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. We make no representation that the website is appropriate, will be available for use, or will function as intended in locations outside the United States, and access to the website from territories where such access is illegal is prohibited. If you choose to access the website from locations outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws and regulations. Additionally, if you access or use the website from outside the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located, and you hereby consent to such transfer, storage, and processing of your information to and in the United States.
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us or any other LCR Parties to any registration requirement within such jurisdiction or country.
General Provisions
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or other relationship between you and us. You acknowledge and agree that, except as otherwise expressly provided in this Agreement, there will be no third party beneficiaries to this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either Party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “but not limited to.” This Agreement, including any terms and conditions incorporated herein and any addenda hereto, is the entire agreement between you and us regarding its subject matter, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to our website or by email (including in each case via links) to the most recent email address that you have provided to us, or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our reasonable control.