PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEB SITE. By using or downloading
information from this Web site, 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 Web site.
Changes to these Terms and Conditions of Use
Bay Realty ("bayrealtyusa.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 Web site following the posting of changes will indicate
your acceptance of those changes.
These Terms and Conditions of Use were last updated on
July 7, 2005.
Copyright and Restrictions on
Use
The materials on this Web site ("Materials") as well
as its organization and design are the property of bayrealtyusa.com
and are protected by worldwide copyright laws and treaty provisions.
You may access, print, and make personal use of this Web site
for the sole purpose of facilitating your personal, non-commercial
use and retention of information from this Web site. 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 Web site. 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
bayrealtyusa.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 bayrealtyusa.com or
any other party. The domain bayrealtyusa.com and the Bay Realty
logo design are registered trademarks of Bay Realty. All other
trademarks, trade names, service marks and logos displayed throughout
this Web site are the property of Bay Realty, licensed by Bay
Realty, 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
Web site 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 Web site from our offices within
the State of Washington, United States of America. bayrealtyusa.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 Web site.
Other Businesses and Links
This Web site may contain links to Web sites or be linked to
Web sites not under the control of bayrealtyusa.com. bayrealtyusa.com
does not endorse the companies, products or Web sites that are
linked to this Web site. Accordingly, we do not assume any responsibility
or liability for the actions, products, or content of these
Web sites. If you decide to access any of the third party Web
sites linked to this Web site, you do so entirely at your own
risk.
Submissions
bayrealtyusa.com welcomes suggestions, comments and other submissions
from the users of our Web site. Any comments, suggestions, ideas
or any other materials submitted to us (collectively, the "Submissions"),
will become bayrealtyusa.com's property upon its submission.
bayrealtyusa.com shall be entitled to unrestricted use of the
Submissions for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Submissions. None
of the Submissions shall be subject to any obligation of confidence
on the part of bayrealtyusa.com, and bayrealtyusa.com shall
not be liable for any use or disclosure of any Submissions.
Notwithstanding the foregoing, any personal information you
submit to bayrealtyusa.com through the pages located on this
Web site will be held in confidence by us as set forth in our
Privacy Policy. This submissions policy is intended to avoid
the possibility of future misunderstandings when projects developed
by bayrealtyusa.com's staff might seem to others to be similar
to their own creative work.
Privacy
Any collection or use of personally identifiable information
collected from you via this Web site is governed by our Privacy
Policy, which forms a part of these Terms and Conditions
of Use.
Disclaimers
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
THIS WEB SITE AND THE MATERIALS ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. BAYREALTYUSA.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 WEB SITE 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 Web site
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 BAYREALTYUSA.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 WEB SITE OR THE MATERIALS,
(B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEB SITE,
OR (C) ANY GOODS OR SERVICES ADVERTISED OR LINKED TO THIS WEB
SITE, EVEN IF BAYREALTYUSA.COM IS AWARE OF THE POSSIBILITY OF
SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES
STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Severability
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 Web site 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 San Jose, California 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, BAYREALTYUSA.COM MAY SEEK INJUNCTIVE RELIEF RELATING
TO YOUR ACCESS TO, OR USE OF, THIS WEB SITE IN THE STATE AND
FEDERAL COURTS LOCATED IN SAN JOSE, CALIFORNIA AND YOU IRREVOCABLY
AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION
OF SUCH COURTS.
General Provisions
These Terms and Conditions of Use, including the Privacy Policy,
are the entire agreement between bayrealtyusa.com and you relating
to your use of this Web site. No failure or delay on the part
of bayrealtyusa.com to exercise any right, power or remedy under
these Terms and Conditions of Use shall operate as a waiver;
nor shall any single or partial exercise by bayrealtoyusa.com
of any right, power or remedy under these Terms and Conditions
of Use preclude any other or further exercise of any right,
power or remedy.
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