PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
RELATING TO YOUR ACCESS AND USE OF THIS WEBSITE CAREFULLY.
1. Scope of These Terms and Conditions
These Terms and Conditions apply to your use of this
website owned and operated by the Denver Metropolitan Commercial
Association of REALTORS®, or DMCAR, a 501(c)(6) organization, referred to
herein as "this Site". These Terms and Conditions do not apply to your use
of unaffiliated websites of any other companies, organizations or
individuals or to which this Site links. ("Other Sites")
2. Acceptance of These Terms of Use
By using this Site, you agree to be bound to these
Terms and Conditions of Use. DMCAR, its subsidiaries, members, business
affiliates and suppliers ("we" "us" or "our") make the information and
services provided on this Site available to you, conditioned on your
acceptance without modification of these terms, conditions and notices. We
reserve the right to modify them at any time. You should check these Terms
and Conditions periodically for changes. By using this Site after we post
any changes to these Terms and Conditions you agree to accept those
changes, whether or not you have reviewed them. If you choose not to
accept these Terms and Conditions at any time, please do not use this
Site.
3. Disclaimer Regarding Links
We are not responsible for the availability of any
Other Site to which this Site links. We do not take responsibility for the
contents, advertising, products, privacy policies or other material made
available through any Other Site nor do we endorse Other Sites. Please
direct your concerns to that Other Site's webmaster or appropriate
contact.
4. Intellectual Property Rights
Ownership and Notification
Unless otherwise noted, all rights, title and interest
in all information including, but not limited to, screens, texts, user
names, passwords, Web pages, or other materials (collectively "Content")
appearing in and on this Site are the exclusive property of DMCAR. All
information, products, services, and software ("Content") contained on or
used in this Site is copyrighted, all rights reserved, and the ownership
of the copyrights herein shall at all times remain vested in DMCAR. DMCAR
shall have the right to license any Content, subject to its stated Privacy
Policy, contained in, or collected on, this Site to any entity pursuant to
terms agreed upon by DMCAR. All Content on this Site, including, but not
limited to images, illustrations, audio clips, and video clips, is
protected by copyrights, trademarks or service marks and other
intellectual property rights which are owned and controlled by DMCAR or by
third party Content providers, (collectively "Providers") that have
licensed their Content or the right to market their products and/or
services to DMCAR. Content on this Site or controlled by the Providers is
solely for your personal, non-commercial use. Such Content may not be
copied, reproduced, republished, uploaded, posted, transmitted,
distributed and/or exploited in any way, including by e-mail or other
electronic means for commercial use without proper license agreements with
DMCAR.
5. Use Restrictions
By using this Site you warrant to DMCAR that you will
not use this Site for any unlawful purpose or any use prohibited pursuant
to these Terms and Conditions to which members have agreed prior to
accessing the Site. Your violation of any of these prohibitions
automatically terminates your right to use this Site and you are on notice
that we intend to pursue our legal remedies for any violation. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any Content,
including, but not limited to property information, software, products or
services obtained from this Site.
6. Liability Disclaimer
You use this Site at your own risk. Your use of the
Content provided here is also used at your own risk. UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY
OF OUR MEMBERS, AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY
SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY
YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT
FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH
INFORMATION, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO
THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR
PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE,
THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED
INFORMATION, RECORDS OR PROGRAMS.
7. Warranty Disclaimer
You expressly understand and agree that this Site and
the information available through this Site are provided on an "as is" "as
available" basis. DMCAR does not warrant that this Site will be
uninterrupted or error-free, and DMCAR makes no warranty as to the
accuracy, completeness, authenticity, or reliability of any information
available through the Site. DMCAR expressly disclaims any and all
warranties of any kind with respect to the Site and the information
available through the Site, including but not limited to any implied
warranties of expectation of privacy, merchantability or fitness for a
particular purpose. This Site and the information available through this
Site are always subject to change.
8. No Personal Advice
The information contained in or made available by this
Site does not and is not intended to convey any form of personal advice to
you regarding the sale or purchase of real property or of any other
matter. The information here cannot replace or substitute for the
professional advice of a licensed real estate professional to answer any
questions and help you understand and use the information available
through this Site.
9. Changes to the Site
DMCAR may make changes or improvements to the Content,
information, services, products or other materials on this Site at any
time without notice.
10. Privacy Policy
We are committed to protecting your privacy and
security and have explained in detail what we do in our Privacy Policy.
Please read it.
11. Jurisdictional Issues
We operate and control our Site from our offices in
Denver, Colorado in the United States of America. Persons who access this
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.
12. Miscellaneous
These Terms and Conditions will be governed by laws of
the State of Colorado without regard to principles of conflicts of laws.
You agree that any action at law or in equity that arises out of or
relates to these Terms and Conditions or use of this Site will be subject
to binding arbitration in Denver, Colorado.
If any of these Terms and Conditions are found to be
unlawful, void, or for any reason unenforceable, that provision will be
considered severed from the remaining provisions and will not affect the
validity or enforceability of the remaining provisions.
This is the entire Agreement between you and us
governing your access to, dealings with, and use of this site.
Any failure by DMCAR to assert any rights it may have
under this agreement does not constitute a waiver of our right to assert
the same or any other right at any other time or against any other person
or entity.
This Agreement may be modified only by our posting of
changes to these Terms and Conditions. Any inquiries regarding these Terms
and Conditions of use should be directed to:
customercare@dmcar.com.
