Tooley Real Estate
Effective date: December 07, 2018
USER TERMS AND CONDITIONS
PLEASE READ CAREFULLY AS YOUR USE OF THIS WEBSITE ("SITE") IS BASED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS AND CONDITIONS (“TERMS”). BY ACCESSING OR USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS. DO NOT USE THE SITE IF YOU DO NOT AGREE TO THE TERMS.
Terms and Acceptance
If you access or use the Site you are a "User." The Terms applies to your accessing and using the Site and we reserve the right to change or modify the Terms at any time. If we decide to change or modify the Terms, we will post a new version on the Site which will be effective immediately upon posting. Your use of the Site following the posting of changes or modifications to the Terms will constitute your acceptance of the revised Terms. You should frequently review the Terms to understand how the Terms apply to your use of the Site. If you do not agree to the new Terms, you must immediately stop using the Site.
The Site is hosted and operated by US Cybertek Inc., dba MarketLnk, Inc. (“MarketLnk”) and functions as the Data Processor for Tooley Real Estate (“Company”) as related to this Site. The Data Controller is the Company with contact information provided on the Site. MarketLnk and Company have established an independent contractor relationship and are not partners in any venture. Unless stated otherwise, any reference to "we", "us" or "our" shall refer to both MarketLnk and Company.
The Site is not intended or authorized for use by persons under the age of eighteen (18).
You agree that you will provide us with accurate, complete, current information on your account. You are responsible for maintaining the security of your account. We recommend that you do not share your account details or your password with others. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITY ASSOCIATED WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.
Please notify us immediately of any actual or suspected unauthorized use of your account or password.
We reserve the right to add, change or discontinue any functions or features of the Site at any time, for any reason without prior notice.
Errors And Omissions
The Site may include inaccuracies, errors and omissions and alterations could be made to the Site by unauthorized third parties. While we attempt to ensure the integrity of the Site, we make no guarantees as to the timeliness, completeness, or accuracy of the provided content. Any Multiple Listing Service ("MLS") real estate listing data provided on the Site may not contain the complete ("MLS") data. We are not liable for, and do not guarantee the accuracy of any listing data or other Site content and all such information should be independently verified. The listing information provided as part of the Site is for your personal, non-commercial use. Some real estate listings which appear for sale on the Site may no longer be available because they have sold, are under contract, or are no longer offered for sale. If you believe any portion of the Site includes an error or inaccuracy, please notify us.
It is not possible to operate the Site with 100% guaranteed uptime. We make reasonable efforts to keep the Site operational. However, technical difficulties, Site maintenance, upgrades and other events may result in interruptions or outages of the Site. You agree that we shall not be liable to you or to any third party for any direct or indirect consequence of any modification, outage, discontinuance or interruption to the Site.
Subject to the Terms, we grant you a limited, personal, non-exclusive, revocable license to use the Site and the materials available on or through the Site solely for your own personal use in accordance with the use restrictions specified in the Terms. You may not use the Site or Site content for commercial purposes. You agree not to use the Site or Site content for any unintended purpose, for any unlawful purpose, or in any way that might harm, damage, or disparage any other party, including MarketLnk, Company, their respective affiliates and suppliers.
The content, logos, look and feel, and all other elements of the Site are protected by copyright and intellectual property laws of the United States and other jurisdictions. You may not sell, license, distribute, copy, publish, display, modify, adapt, translate, or create derivative works from, or otherwise make unauthorized use of the Site or Site content, without our prior written consent. We reserve all rights not expressly granted in the Terms. You do not acquire any right, title or interest to the Site or Site content except for the limited rights set forth in the Terms. We reserve the right to aggressively enforce intellectual property rights with respect to the Site to the fullest extent of the law.
Third Party Links and Content
The Site may display links to content not controlled by us and/or promote content from third parties, including advertising. The display on or through the Site of such content does not imply or constitute any endorsement or approval by us of any third party. You agree that we are in no way responsible for the timeliness, completeness, or accuracy of any third party content. Your interaction with any third party accessed through the Site (whether online or offline) is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party for any reason.
You agree that access to and use of the Site are at your sole risk. Except as provided in the Terms, the site, including all Site materials, third-party content, and all products and services provided on or through the Site, are provided on an "as is" and an "as available" basis. Except as provided in the Terms, Marketlnk, Company, their respective affiliates and suppliers do not make any representations or warranties, implied, statutory or otherwise, regarding the Site. Neither Company nor Marketlnk is responsible for typographical errors or omissions relating to pricing, text, or photography. Neither Company nor Marketlnk make any representations or warranties that the Site will meet your requirements, or that your access to and use of the Site will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise will be secure. Marketlnk is merely a service provider to Company, and in no event shall Marketlnk be liable to User for any of the products, services, content or information provided through the Site or otherwise provided by or on behalf of Company, and Marketlnk makes no representation or warranty with respect thereto. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
To the maximum extent permitted by applicable law and notwithstanding any other provision of the Terms, in no event shall Company, Marketlnk, their respective affiliates, partners, suppliers, advertisers, officers, employees, agents, contractors, successors, or assignees be liable to you or your partners, officers, employees, agents, contractors, successors, or assignees, for any damages, including, without limitation, damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money, profits, revenue, savings, or other economic loss from or in connection with the site. If, despite the foregoing limitation of liability for damages, a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall be no greater than one hundred U.S. dollars ($100).
You agree that you are personally responsible for your behavior when using the Site. You agree to indemnify, and hold harmless Company, Marketlnk, their respective affiliates, and their respective directors, officers, partners, employees, agents, contractors, successors, and assigns from and against all claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses, including, but not limited to, reasonable fees and disbursements of counsel and court costs, judgments, settlements, and penalties of every kind arising from or relating to any breach of the Terms and any activity related to your use of the site.
Termination Of Use
You agree we may terminate your access to or use of the Site at any time, for any reason, with or without cause, at our sole discretion and without prior notice. This right is in addition to any other remedies we may have under the law. You consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances, without the need for a bond. You agree that we will not be liable to you or to any third party for termination of your access to, or use of, the Site for any reason.
We may remove material from the Site that appears, in our sole discretion, to infringe upon the copyright or intellectual property rights of others. If you believe a work protected by a U.S. copyright you own has been posted on the Site without authorization, or has been mistakenly removed, you may notify MarketLnk using the contact information provided below.
Our servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to Users located outside of the United States:
You consent to the transfer, storage, and processing of your information to and in the United States and/or other countries.
If you are using the Site from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Site.
You agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The Site is 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 which would subject us to any registration requirement within such jurisdiction or country.
Dispute Resolution And Venue
It is our desire to resolve any disputes that may arise between us and a User in a cost-effective and non-disruptive manner. As such you agree to the following dispute resolution process. If you are unable to resolve any dispute in the ordinary course of business please send a written notice to us outline the issues in dispute, attach any relevant documents, and the requested relief. We will respond as appropriate to your notice. Both parties shall communicate promptly following the delivery of our response, and as often as you and we mutually deem necessary or needed to resolve the issue.
You and we agree that any legal proceedings to resolve or litigate any dispute, whether through a court of law or otherwise, shall be conducted on an individual basis. You agree that you will not seek to litigate any dispute as a class action, representative action, collective action, private attorney general action, or similar action.
In case of legal proceedings, you and we agree to waive and give up any right to a jury trial.
The Terms and any action related to the Terms will be governed by the laws of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to the Site or the Terms will be exclusively in the federal courts in Springfield, Missouri or local courts located in Houston, Missouri or as otherwise deemed appropriate by us.
The Terms constitutes the entire Terms between you and us relating to the Site and Site Content, and supersedes any and all prior Terms, negotiations, or other communications between you and us, whether oral or written, with respect to the Site and use of the Site.
If any provision of the Terms is held to be invalid or unenforceable, then:
That provision shall be deemed changed to the extent necessary to allow such provision to become valid and enforceable, or if such change is not possible, shall be deemed removed from the Terms.
The validity and enforceability of all of the other provisions shall in no way be affected or diminished.
The failure or delay in enforcing any provision or exercising any option shall not be construed to be a waiver of that or any other right in connection with the Terms.
You may not assign any rights or delegate any duties under the Terms to any third party, without prior written authorization from us. Any assignment lacking such authorization will be null and void. We may assign all or any part of our rights and/or delegate all or any part of our duties under the Terms to any party, at any time, at our sole discretion, by posting an update to the Terms.
Please contact us if you have any questions about the Terms,
By email: email@example.com
By mail: P.O. Box 421, Houston, Missouri 65483
Digital Millenium Copyright Act (DCMA)
Claims of Copyright Infringement (17 USC § 512 et seq.).
We make a best effort to respect the intellectual property rights of others. If you believe your work has been reproduced in a way that constitutes copyright infringement, we ask that you notify our Service Provider at the address listed below and provide the following information:
Identification of the copyrighted work or material that you believe has been infringed and that you are asking to have removed or changed. This should include a description of such work and where it is located. This would include but not be limited to URL, paragraph, title, etc. It would expedite the process If you can provide copies of your original copyrighted material.
Please include your address, telephone number and, if available, email address, so that our Service Provider, listed below, may respond to your claims.
We also ask that you provide a signed statement that the information you have provided is accurate and that you are acting in good faith and belief that the material is not authorized for use by you and that you are, in fact, the copyright owner or authorized agent of the copyright owner and do so under penalty of perjury.
To submit notices of copyright issues, please send the above requested information to:
6078 Lundy Rd.
Houston, MO 65483
Attention: DMCA Request
Our Service Provider must receive your signed statement by mail or as an attachment to your email before we are able or required to take any action.
Please note that this information should not be construed as legal advice. We recommend you seek independent legal counsel before filing any DMCA notification. For additional information and to learn more about your rights under the DMCA, please visit the website of the United States Copyright Office.