Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
By using or downloading information from this Website, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them. If you do not agree with these Terms and Conditions of Use, in whole or in part, please do not continue to use this Website.
Changes to these Terms and Conditions of Use
John Brian Losh, Inc., doing business as LuxuryRealEstate.com ("LuxuryRealEstate.com," "us," or "we") may modify these Terms and Conditions of Use at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.
Copyright and Restrictions on Use
The materials on this Website ("Materials") as well as its organization and design are the property of LuxuryRealEstate.com and are protected by worldwide copyright laws and treaty provisions. You may access, print, and make personal use of this Website for the sole purpose of facilitating your personal, non-commercial use and retention of information from this Website. Except for the purpose of page caching and as otherwise explicitly set forth in this paragraph, you may not copy, distribute, republish, modify, display, publicly perform or use the Materials in any manner, without our prior written consent. You may not use spiders and other search robots on this Website. Your use of spiders or search robots in violation of these Terms and Conditions of Use, may be a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq., state or other federal law, and LuxuryRealEstate.com shall take all actions it deems necessary to enforce its rights.
Intellectual Property Notice
Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of LuxuryRealEstate.com or any other party. LuxuryRealEstate.com, Who's Who in Luxury Real Estate, and the lion head door knocker design are registered trademarks of John Brian Losh, Inc. All other trademarks, trade names, service marks and logos displayed throughout this Website are the property of John Brian Losh, Inc., licensed by John Brian Losh, Inc., or owned by third parties. You may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout this Website without the prior written consent of the owner of the trademark, trade name, service mark and logo.
Compliance with Law
We control and operate this Website from our offices within the State of Washington, United States of America. LuxuryRealEstate.com makes no representation that the Materials are appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Website.
Other Businesses and Links
This Website may contain links to Websites or be linked to Websites not under the control of LuxuryRealEstate.com. LuxuryRealEstate.com does not endorse the companies, products or Websites that are linked to this Website. Accordingly, we do not assume any responsibility or liability for the actions, products, or content of these Websites. If you decide to access any of the third party Websites linked to this Website, you do so entirely at your own risk.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUXURYREALESTATE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS.
Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems ("E-Problems"). We have taken reasonable steps so that E-Problems will not materially affect our business, but do not guarantee that our Website is immune to E-Problems. It is your responsibility to protect yourself from E-Problems. Steps you may consider taking to mitigate the vulnerability of your computer system to E-Problems include using firewalls, password protection, and anti-virus programs.
Limitation on Liability
IN NO EVENT SHALL LUXURYREALESTATE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE OR DATA) RELATED TO OR THAT ARISE FROM (A) YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS, (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEBSITE, OR (C) ANY GOODS OR SERVICES ADVERTISED OR LINKED TO THIS WEBSITE, EVEN IF LUXURYREALESTATE.COM IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.
Governing Law, Venue and Dispute Resolution
These Terms and Conditions of Use shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of Washington, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms and Conditions of Use and your use of this Website and the Materials shall be settled by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Such arbitration shall be held in King County, Washington before one arbitrator selected by mutual agreement of the parties or, absent such agreement, in accordance with the AAA rules. The arbitrator may not award any punitive damages. Any award of the arbitrator may be enforced in any court of competent jurisdiction. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, LUXURYREALESTATE.COM MAY SEEK INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
Who’s Who in Luxury Real Estate Membership Terms
By agreeing to become a Member of the Who’s Who in Luxury Real Estate Network and advertise property on LuxuryRealEstate.com, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them.
Information We Collect Automatically
If you merely browse through the LuxuryRealEstate.com website or download information, our servers will automatically collect certain information from you. This information includes the: (a) name of the domain and host from which you access the Internet; (b) browser software you use and your operating system; and (c) Internet address of the Web site from which you linked directly to this website. We will use information that we automatically collect to manage and improve our website to make it as useful as possible for visitors like you. None of the information we automatically collect is tied to personal information you may provide to us.
Information You Choose to Provide to Us
Personal Information as an Asset of LuxuryRealEstate.com
The personal information you provide to us is an asset of LuxuryRealEstate.com. If LuxuryRealEstate.com or a substantial part of our business is sold or otherwise transferred to a third party, your personal information may be transferred as well. We will notify you of any transfer of your personal information in connection with such a major transaction.
Disclosure of Personal Information to Third Parties
Except for a major transaction as described above, LuxuryRealEstate.com will not sell or rent the personal information you provide to us to any third party without first obtaining your consent. In addition, we will not disclose the personal information you provide to us without your consent, except: (a) as required by law, (b) to our independent contractors who host and maintain our Web site and e-mail services; (c) to service providers or suppliers if the disclosure will enable that party to perform business, professional or technical support for us; and (d) to third party associates who may have products or services of interest to you.
Opting Out of Receiving Promotional Materials
Unless you opt out of receiving promotional materials, we may send you information by e-mail or postal mail to the addresses you submit to us on the pages of our website. From time to time, we may send newsletters to you, notify you of special promotions, new products or services, or other information that may interest you. You may also receive notifications of special promotions, new products or services from our third party associates.
If you do not want to receive promotional information from us or our third party associates, you will be able to express this preference by clicking on the appropriate button or checkbox provided on the screen at which you fill out on-line forms. If you do not want to receive promotional material from us or our third party associates and you did not indicate this preference when you sent personal information to us, you may use the "Contact Us" page to change your preference. Upon receipt of your request, we will take reasonable steps to deactivate your name from our marketing lists.
We maintain physical, electronic, and procedural safeguards to protect your personal information. You should be aware, however, that no transmission over the Internet, and no electronic data storage method, is 100% secure. Therefore, we cannot guarantee the absolute security of the personal information you provide to us either during its transmission or its storage on LuxuryRealEstate.com's systems.
Links to Other Websites
It is not our intention to collect personal information from anyone under 18 years of age. If you are under 18 years of age, you may use this website only with the involvement of an adult.
How to Contact Us
Disclaimer of Warranties
To the fullest extent permissible pursuant to applicable law, this website and the materials are provided on an "as is" and "as available" basis. LuxuryRealEstate.com expressly disclaims all warranties of any kind, whether express, implied, or statutory including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that this website or the materials are completely error free, will operate without interruption, are compatible with all equipment and software configurations, free of viruses, errors, or other harmful components, or will otherwise meet your needs.
Who's Who in Luxury Real Estate and LuxuryRealEstate.com Logo Guidelines
The Who's Who in Luxury Real Estate and LuxuryRealEstate.com logos (the "logo") are trademarks and/or federally registered marks of Who's Who in Luxury Real Estate and LuxuryRealEstate.com (the "company") and are protected from unauthorized use.
As a general rule, only members in good standing with the company are entitled to use the logos under the guidelines that follow. Third parties that are not affiliated members of the company may not use any of the corporate logos of the company without the express written consent of the company.
The following guidelines must be followed for all use of the logos:
Use The Correct Symbol
When referencing company trademarks and registered trademarks, always include the proper notation after the name and logo. (® for Registered Trademarks and ™ for Trademarks) Failure to do so dilutes our trademark protection. In text it is only necessary to annotate the first instance of the trademark in a given document or piece. After the first instance you may drop the ® or ™ after the word. When using logos, always include the ® or ™ in every instance.
Do Not Alter Logos
When using a company logo, never modify the design, add or delete any elements or words, change any colors or proportions, or otherwise distort its perspective or appearance. Logos may be reduced or enlarged in size to fit the space available, however proportions within the logos must remain intact.
Who's Who in Luxury Real Estate, LuxuryRealEstate.com & Third Party Trademarks
Do not combine the company logos with third party trademarks. Third party names and logos cannot be used in conjunction with the company's logos. Company logos may not be used as part of the product name for any third party logo without the express consent of the company.
Reservation of Rights
Company is the owner of all right, title, and interest in the company brand and logos. No person or entity may reproduce or use (or authorize the reproduction or use of) the company brands and logos in any manner other than expressly authorized by the company. Unauthorized use of company brands and logos is strictly prohibited.
Company may, at its sole discretion, modify the company brands and logos at any time. Please refer to this logo guidelines document periodically to ensure your compliance. In order to assure compliance and quality of control, company may request that you provide samples of any marketing, advertising, or other material that includes the company brands and logos.
Who's Who in Luxury Real Estate, LuxuryRealEstate.com Trademarks & Registered Trademarks
Company reserves the right in its sole discretion to terminate or modify permission to display the logos, and may request that members and/or third parties modify or delete any use of the logos that, in the company's sole judgment, does not comply with these guidelines, or might otherwise impair the company's rights in the logos. Company further reserves the right to object to the unfair uses or misuses of its trademarks or other violations of applicable law.
The following company logo online page displays versions of the logo that can be downloaded and used in accordance with the guidelines set forth above: click here.