Terms and Conditions

Welcome to northphoenixhomesaz.com! By visiting northphoenixhomesaz.com (the “Site”), you are subject to and accept these Terms and Conditions, which may be updated from time to time without prior notice to you. You can review the most current version at any time by viewing this web page. Please also review the Privacy Notice here, which also governs your visit to the Site. Collectively, these documents constitute an "Agreement" between you and Bridget Brennan (the “Owner”) regarding your use of the northphoenixhomesaz.com website.

Purpose of the Website

The purpose of the Site is to allow users to gain access to real estate professionals, mortgage lenders, service providers, housing information, data, and the like. To gain access to these products or services, you must submit certain Personal Information. This information will be used by the Owner to assist you in the real estate transaction process. To assure the value of the products and services provided to you, you agree that you will provide accurate and complete information.

Fair Housing Statement

The Owner fully supports the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, which generally prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap or disability. As an adjunct to the foregoing statement, the Owner promotes, and is committed to, creating and fostering an environment of diversity, and views such a concept as a critical component to the on-going success of any real estate operation.

Copyright and Trademarks

© 2018 Bridget Brennan. All content included on the Site, such as text, graphics, logos, buttons, icons, images, audio clips, video, digital downloads, and/ or data compilations, are the exclusive properties of the Owner or Local MLS or other third parties and are all subject to copyright and other intellectual property protection laws. The Site name and all other trademarks and service marks indicated on the Site are the properties of their respective owners. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Framing of any content is strictly prohibited.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content including, but not limited to, watermarks. You will use content solely for your personal use, and will make no other use of the content without the express written permission of the Owner and/ or the copyright owner. You agree that you do not acquire any ownership rights in any content contained on the Site. You are not granted any licenses, express or implied, to the intellectual property or content except as expressly authorized by these Terms and Conditions.

License

The Owner grants you a limited non-exclusive, non-transferable, revocable license to access and make personal use of the Site and not to download or modify it, or any portion of it, except with the express written consent of the Owner. The Site, or any portion of it, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of the Owner.

Digital Millennium Copyright Act (DMCA)

Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.)

The Owner respects the intellectual property rights of others and expects visitors to the Site to do the same. Per the DMCA, the Owner will expeditiously respond to claims of copyright infringement on the Site if submitted in writing. Upon receipt of a notice alleging copyright infringement, the Owner will take whatever action they deem appropriate within their sole discretion, including removal of the allegedly infringing materials. Please be aware that there are substantial penalties for false claims.

If you believe that your intellectual property rights have been violated by the Owner or by a user or a third party who has uploaded materials to the Site, please contact the Owner and provide the following information in writing – the Owner must receive your signed statement by mail or as an email before any action will be taken:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material you claim is infringing is located on the Site;
  • An address, telephone number, and email address where the Owner or third party can contact you;
  • A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
  • Your electronic or physical signature.

The Owner may request additional information before removing any allegedly infringing material. In the event the allegedly infringing materials are removed, you will be notified, and every effort will be made to notify the person responsible for posting such materials, if applicable. The Owner may also provide the responsible third party with your email address so that the person may respond to any allegations.

The Owner reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please contact the Owner and include a list with sufficient information to assist them in determining that the user repeatedly engaged in infringing activity.

This information should not be construed as legal advice. For further information about the DMCA, please visit the website of the United States Copyright Office at www.copyright.gov.

Security

The Owner is committed to providing an easy to use and enjoyable website experience. Technical, administrative, and physical security measures are designed to provide you with this positive experience.

When using the Site, you are not permitted to circumvent the Site’s security features. Such behavior will likely lead to termination of your User Account and may result in a notification to applicable legal authorities.

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

The Internet, by the nature of how it is formed and functions, is not entirely secure. The Owner does not and cannot guarantee or warrant that the Site is impenetrable, or that transmissions and use of the Site will be free from delay, interruption, interception, or any other form of error.

Professional Advisors

Financial decisions, including decisions about real estate, are serious decisions that should not be taken lightly. The Owner, any agents, employees, officers, subsidiaries, members, or affiliates do not, via the Site or otherwise, encourage you to make any particular decision on issues concerning real estate without first seeking professional advice, such as the type you may seek from an attorney or accountant. The material contained on the Site is offered as informational only and does not constitute financial, accounting, legal or other professional advice. Users of the Site should contact their own professional advisors for such advice.

You agree that you will evaluate and bear all risks associated with your dealings with any real estate professional, investor or investment company, real estate broker or brokerage company that is linked to, included in, or referred to by the Owner or the Site. You agree and understand that your choice to deal with any member or affiliate of the Site is done at your discretion and risk, and you will be solely responsible for such dealings. In no event will the Owner be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to your dealings with investors, members or affiliates of the Site.

On occasion, information on the Site, such as home prices, may be outdated or otherwise incorrect. Every effort will be made to provide updated information, however the Owner accepts no responsibility for any information that is out of date or otherwise invalid.

Obligations of Home Owners

By completing Personal or Home Information forms on the Site, you agree that:

  • you are of legal age and are otherwise capable of forming a legally binding contract;
  • you are interested in buying or selling property;
  • you do not have an exclusive contractual or any other arrangement with a real estate professional;
  • you agree to be contacted by email or other means by the Owner or a member or affiliate of the Owner regarding a property.

Registration

When you use the Site, it may be necessary to create a User Account, which constitutes registration. You are responsible for ensuring the security of your username, password and User Account information from unauthorized access, use, or disclosure to others, and you agree to accept responsibility for all activities that occur under your username, account and/ or password. You may not assign or otherwise transfer your account to any other person or entity.

You agree to (a) keep your username, password and User Account information safe and utilize it in a secure manner; (b) ensure that you log out from your User Account at the end of each session; (c) immediately notify the Owner of any unauthorized use of your username, password and/ or User Account and/ or any other breach of security. While the Owner uses technologies and procedures designed to protect confidential information and provide suitable security, no security measures are impenetrable. The Owner does not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or any other form of error.

Furthermore, you acknowledge the Owner is not responsible for third party access to your account that results from theft or misappropriation of your account. The Owner and its affiliates and third party service providers reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at their sole discretion.

Information about Children

The Site is not intended for or designed for children under the age of eighteen (18). By using the Site, you affirm that you are equal to or more than eighteen (18) years of age, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties as stipulated in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

Links to Other Sites

The Owner may include third party service providers (such as a lender, moving company, home improvement center, etc.) on the Site. The Owner may post information about, or links to, these companies as a service to any users who may be interested in such services. The Owner is not responsible for the contents of any link to or from the Site. The Owner does not endorse the policies or practices of, or opinions expressed on, other websites linked to or from the Site; nor does the Owner make any representations or warranties with respect to the accuracy of any items or claims contained on other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by the Owner of the services, their sites, their contents or any sponsoring organization.

Electronic Communications

Visiting the Site or sending emails to the Owner constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications provided to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

The Owner and its affiliates and third party service providers give you the opportunity to opt out of any such communication. Clear directions for opting out of automated communications accompanies emails you receive from the Owner.

"Do Not Track" Signals

Your browser settings may allow you to automatically transmit a "do not track" signal to websites and online services you visit. At this time, there is no consensus among industry participants as to the meaning of "do not track" in this context. Like many other websites, the Site is not configured to respond to "do not track" signals from browsers.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY THE OWNER ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OWNER DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER WILL NOT BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless the Owner, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Owner reserves the right, at their own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Owner in asserting any available defenses.

Governing Law

By visiting the Site, you agree that the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms and Conditions and/ or any dispute of any sort that might arise between you and the Owner or its affiliates.

Any dispute relating in any way to your use of the Site will be submitted to confidential and binding arbitration in Arizona, except to the extent that you have in any manner violated or threatened to violate the Owner’s intellectual property rights, the Owner may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement will be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

Other Policies, Modification and Severability

Other policies posted on the Site also govern your visit and use. The Owner reserves the right to make any changes to the Site, policies, and these Terms and Conditions at any time. If any of these provisions are deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity or enforceability of any remaining provisions.

Termination

The Owner reserves the right, in their sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Acceptance of Terms and Conditions

By your use of the Site, you agree that you have read, understand and agree to abide by this Agreement and the documents it incorporates by reference; you intend to form a legally binding contract by utilizing or viewing the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Owner as a result of this Agreement or use of the Site. The Owner’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Owner’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Owner with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth, 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 Agreement will continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire understanding between any user of the Site and the Owner and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between any user and the Owner with respect to the Site.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.

WHEN YOU SUBMIT AN ONLINE APPLICATION FOR SERVICES, YOU ARE THEREBY PROVIDING EXPRESS WRITTEN CONSENT TO RECEIVE AUTOMATED MESSAGES CONTAINING REAL ESTATE INFORMATION AND ADVERTISEMENTS COMMUNICATED VIA EMAIL, LANDLINE PHONE, CELL PHONE, TEXT MESSAGE, AND FACSIMILE ABOUT THOSE SERVICES PROVIDED BY THE OWNER, AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS.

If you have questions or concerns or would like to opt out of certain methods of sharing, please contact the Owner in writing by sending a detailed message to:

Bridget Brennan

515 E Carefree Hwy #239

Phoenix, AZ 85085 or

Bridget@BrennanAZ.com

 

Last updated: May 23, 2018