Terms of Use

(Last Updated: February 2007)

Welcome to the www.bozemanmtrealestate.remarkableagents.com Internet sites (the "Site"). These terms of use ("Site Terms") apply exclusively to your access to, and use of, the Site so please read them carefully. www.bozemanmtrealestate.remarkableagents.com offers the Site to you conditioned on your acceptance of this agreement without modification. You agree to review the Site Terms periodically to ensure familiarity with the most current version. Your use of the Site constitutes your acceptance of the Site Terms.

We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on our site and update the date. Your use of this Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms.

Introduction

This Site and the services offered herein are provided solely as a forum and technical interface that connects homeowners and potential homeowners with locally licensed real estate broker, associate broker, agent or similar professional licensed by a state to transact real estate. By having this Web site, I am a licensed real estate professional able to provide real estate services solely in the states that I am licensed to do business. By using this site, you agree that you are a prospective purchaser or seller in the states where this real estate professional is licensed.

RemarkableAgents.com does not provide any real estate, appraisal or house-related services, and do not hold ourselves out as being licensed to perform any such services. We do not sponsor, endorse, recommend or approve of any real estate agent, broker or other house-related service provider who offers services through this Site. You should use your independent judgment of the merits of any individual, entity or information that you find on or through this Site. While we try to confirm that participating real estate agents, brokers and other house-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other house-related service provider who offers services through this Site is licensed, qualified, or capable of performing any such service.

Privacy

We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Site. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information.

Content and Data

You may use information on www.bozemanmtrealestate.remarkableagents.com’s web site services (e.g., helpful articles, brochures, and other such materials) which are made available through this Web site, provided that you do not make any representations or warranties concerning the information supplied; do not copy, reproduce, post, etc. the information anywhere; do not change any of the language in such documents; do not make any changes to the information as supplied, and;

Use of Site

The Site is only for your personal use. The information that you provide you agree that it is current, accurate and true information. If any of your information changes, you agree to update the information to ensure it remains current, accurate and true. By sing this site you agree that you are at least eighteen (18) years of age or older. You will not use the Site in any way that is unlawful, or harms RemarkableAgents.com and/or its suppliers. RemarkableAgents.com prohibits to the maximum extent allowable the resale, redistribution, and use of the materials included on the Site for commercial purposes.

Any person who has a valid real estate license must inform us immediately by either email, fax, or phone with their intention of accessing any password protected material. We reserve the right to deny any access to any real estate agent at any time. All information concerning housing data is for personal information purposes only and is not available for distribution of any kind. You confirm that by using this Site, you have not signed any agreement to buy or sell a home (e.g., buyer broker agreement, listing agreement, etc.) with a real estate agent that would stop you from using us as your exclusive real estate agent. By using this Site, you understand that as a real estate agent, we help more than one individual at any given time that may have the same criteria. You agree to follow all copyright restrictions as it relates to any of the data or material on this Site.

You may not use any spider, page scrape, or other automatic program or device or any similar manual process, to acquire, copy, access or monitor the site or any of its content and data, etc. You agree that you will not take any of the data from this site to undermine the services that we provide as real estate agents (e.g., contact owners directly, look at home outside of anticipated purchase ability).

Responsibility for Your Conduct

You are solely liable for your conduct or any information that you upload or transmit to this Site. You may not provide false or misleading information to this Site or submit information under false pretenses. Without limiting anything else in these Site Terms, we may immediately terminate your access to and use of the Site if you provide false or misleading information or submit information under false pretenses to this Site.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings on this Site, are non-confidential (subject to our Privacy Policy). We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Disclaimer

THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. REMARKABLEAGENTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, LINKS, SERVICES AND PRODUCTS ON THE SITE.

REMARKABLEAGENTS.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. REMARKABLEAGENTS.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, REMARKABLEAGENTS.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

BY ACCEPTING THESE TERMS ND CONDITIONS YOU AGREE THAT REMARKABLEAGENTS.COM OR ITS AFFILIATES IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY EXCEED THE FEES PAID BY YOU TO REMARKABLEAGENTS.COM, FOR SERVICES RENDERED IN THE PRECEEDING TWELVE (12) MONTH PERIOD

Termination

We may terminate or suspend your access to the Site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease, effective immediately, for any reason whatsoever

Indemnification

You agree to indemnify, defend and hold RemarkableAgents.com, its parents, subsidiaries, affiliates, strategic partners, officers, directors, and employees harmless from any and all claims, damages, losses, costs ( including reasonable attorney's fees) or other expenses that arise directly or indirectly out of the Your use of the Sites.

Applicable Law and Venue

These terms and conditions are governed by and construed in accordance with the laws of the State of Pennsylvania, applicable to agreements made and entirely to be performed within the State of Pennsylvania, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Lancaster, Pennsylvania, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

General Terms

If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Site.

Acceptable Use Policy

By agreeing to the Site Terms herein, You agree to abide by the RemarkableAgents.com Acceptable Use Policy ("AUP") which can be located at http://www.remarkableagents.com/aup/. You acknowledge and agree that You have reviewed and agree to be bound by the RemarkableAgents.com AUP.

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