BY ACCESSING THIS SITE, YOU AGREE TO THE TERMS OF THE FOLLOWING TERMS AND CONDITIONS OF SITE USE AGREEMENT (AGREEMENT) TERMS AND CONDITIONS OF SITE USE AGREEMENT ("Agreement") The following terms and conditions govern use of this Site:
1. Definitions. "BA" shall mean Bunbury & Associates, Inc., its employees, officers, directors, and all other persons or entities affiliated with BA responsible for creating, maintaining, and publishing this Site. "Content" shall mean all information or images contained on the Site, including but not limited to, trademarks, copyrights, advertisements, data, text, graphics, photos, software and video. "Site" shall mean the Internet sites located at the URL addresses http://www.BunburyRealtors.com; and http://www.BunburyCommercial.com;. "User" shall mean any person or entity that accesses or uses the Site in any manner.
3. Linking to and Framing this Site. Users who create links to any page of the Site may not "frame" any page of the Site for any purpose without the express written consent of the BA.
4. Links to Third Party Sites; Accuracy of Content on Linked Sites. Links to other sites operated by independent, third parties exist on this Site. While BA provides these links as a service to Users, BA does not control these linked sites and BA is not responsible for the content contained on these sites. Unless otherwise indicated, BA does not endorse, approve, or otherwise warrant the accuracy of any information or content contained on a linked site. User agrees that the sites, including information, material, products and services therein, shall be used solely at the User's own risk. Furthermore, because BA's privacy policy is applicable only when you are on our Web site, once linked to another Web site, you should read that site's privacy policy before disclosing any personal information. If you are unsure if have moved to another site, check the Uniform Resource Locator (URL) address provided in your WWW browser.
5. Modification of Terms And Conditions Of Site Use Agreement. BA reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. The modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, User agrees to review the Agreement periodically, and User's continued access or use of Site shall be deemed User's acceptance of the modified Agreement.
6. DISCLAIMER REGARDING WARRANTIES: THIS SITE AND THE INFORMATION, SOFTWARE AND OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE FROM THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BA DOES NOT WARRANT THAT THE SITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES SHALL BA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED. EXCEPTION: IF FOR ANY REASON THE LAW DOES NOT ALLOW BA TO LIMIT OR EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, IT IS AGREED BY THE USER AND BA THAT THE BA'S LIABILITY TO THE USER FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT THE USER PAID TO ACCESS THE SITE. BA DOES NOT GUARANTEE ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE.
7. Property Information, Open Houses and Availability. Information regarding properties offered for sale by BA is subject to error, omissions, prior sale or other changes without notice. Unless otherwise indicated, any such information will be only a reporting of information which has been provided to BA by the seller or some other third party. Users of this site should independently confirm any specific information which would be significant in a decision to purchase a property such as total square footage, room sizes or any other dimensions of importance. Users of this site also understand and agree that properties may be subject to change, price adjustment or prior sale. Open House information, including dates and times of Open Houses, are considered accurate only as of the time of posting to the BA site. Actual times may vary and open houses may be subject to cancellation due to prior sale, scheduling or other conflicts.
8. Title Insurance, Lending and Linked Sites. BA has a minority ownership interest in RBA Title Services, LLC. Because of this interest, use of services at either company may provide BA with a financial or other benefits. Users of this site can obtain a Affiliated Business Arrangement Disclosure Statement Notice by sending a request to . Links to these companies may be found on our website.
9. Concierge Services Vendors. Bunbury & Associates does not endorse any particular Vendor listed on its website, nor can Bunbury & Associates guarantee the quality or timeliness of Vendor's work. Vendors have paid an advertising fee only to appear on the website. User assumes all responsibility for hiring and paying Vendor and for ensuring user's satisfaction with work performed. As always, user should obtain a paid receipt and/or lien waiver from Vendor upon payment for services rendered.
10. Language Translation. BA contracts with outside vendors for purposes of translating information on its websites. User understands that BA cannot and does not warrant the accuracy of any translated information and user agrees that under no circumstances shall BA or any of its affiliated companies be liable for any direct, indirect, incidental, or consequential damages that may result in any way as a result of inaccurate translation of information on any of its websites. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. Website translation is provided for the users' convenience using a machine translation software powered by SYSTRAN. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect, nor is it intended to replace human translators. The official text is the English version of the website. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
11. Suspension or Termination of Access. BA reserves the right, in its sole discretion, to suspend or terminate a User's access to the Site for any reason, including but not limited to, a User's breach of this Agreement.
12. Indemnification. User agrees to defend, indemnify and hold harmless BA from any and all liabilities, losses, claims, costs, and expenses including, but not limited to, reasonable attorney's fees, related to the User's violation of any term of this Agreement or alleged illegal use of this Site.
13. Reservation of Rights. All rights not expressly granted or addressed herein are reserved by BA.
14. Choice of Law; Jurisdiction and Venue. This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and interpreted according to the laws of the State of Wisconsin (without applying any applicable conflict- of-law principles). BA's failure to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event a dispute arises between User and BA from this Agreement or use of the Site, such dispute shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Western District of Wisconsin (federal court) or Dane County, Wisconsin (state court).
15. Users Consent To Be Legally Bound To Agreement. In consideration of being allowed to use the Site, you agree to be bound by the terms and conditions of this Agreement. Use of the Site in any manner shall constitute your acceptance of this Agreement and your assent to be legally bound by this Agreement. If you do not agree to be legally bound by all the terms and conditions of this Agreement, you are strictly prohibited from accessing and/or using this Site in any manner.
16. Severability. If any provision of this Agreement is determined to be unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
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