This Agreement sets forth the terms and conditions governing your use of this website and the services provided by Brix Real Estate, LLC. By continuing to access this website you are indicating your agreement to be bound by all of the terms and conditions set forth in this Agreement. If you do not agree to the terms of this Agreement, the Company is not willing to provide you with access to this website or to provide you with its services and you should immediately discontinue your access to this website. The Company, Brix Real Estate, LLC are hereinafter sometimes referred to collectively as the “Providers”.
1. Limited License and Website Use.
(a) The Company grants you a limited, non-exclusive and non-transferable license to access and make personal use of this website. You agree not to download (other than page caching) or modify any portion of this website, except with the express written consent of the Company. This license is nonexclusive and does not include any (i) resale or commercial use of this website or its contents; (ii) collection and use of any product or service listings, descriptions, or prices; (iii) derivative use of this website or its contents; (iv) downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining or similar data gathering and extraction tools. This website or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without the express written consent of the Company.
(b) Without first obtaining the prior written consent of the Company, you shall not: (i) frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including, but not limited to, images, text, page layout or form) of the Company; (ii) reproduce any image or depiction of this site, as it might be rendered by a web browser or otherwise; or (iii) use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through this website. Any unauthorized use of this website or any Provider’s trademarks or other proprietary information terminates the license granted to you by the Company to use this website. All information, content, services and software displayed on, transmitted through or used in connection with this website, including, but not limited to, source and object code, text, photographs, images, illustrations, html, trademarks and logos, as well as the selection and arrangement of such items, is owned by one or more of the Providers and is protected by United States and International copyright and trademark laws.
4. Disclaimer of Warranties and Limitation on Liability.
(a) The information contained on this website is intended to be used for general informational purposes. The Providers make no guarantees, representations or warranties regarding any potential tax, legal, financial or credit consequences relating to the purchase or sale of real estate. All parties seeking to purchase or sell real estate, whether through a short sale or otherwise, should contact qualified legal, tax, financial and real estate advisers.
(b) The Providers do not warrant that service descriptions, the content of this website or its services performed for its customers are accurate, complete, reliable, current or error-free. This website and the Providers’ services are provided by the Company on an “as is” and “as available” basis without any warranty of any kind. To the fullest extent permissible pursuant to applicable law, the Providers disclaim all warranties, expressed or implied, in respect of its services and any information, content or materials on this website, including any implied warranties of fitness for a particular purpose, merchantability, title and non-infringement.
(c) In no event will the PROVIDERS OR THEIR RESPECTIVE members, OWNERS, DIRECTORS, OFFICERS, employees or independent contractors be liable for any incidental, indirect, special, punitive, consequential or any other damages whatsoever, including, without limitation, damages for loss of profits, loss of use, loss of data or business interruption, resulting from the performance of the PROVIDERS’ services, the use or inability to use the Company’s website, the material contained on thIS website, or any breach of the PROVIDERS’ obligations hereunder, whether based on warranty, contract, tort, negligence, strict liability, operation of law, or any other legal theory, and whether or not the PROVIDERS (OR ANY OF THEM) is advised of the possibility of such damages. In no event shall the PROVIDERS’ COLLECTIVE liability for damages hereunder exceed the amount of the fees paid by a customer for the services in question.
(c) While the Company tries to ensure that any files originating at this website are free of known computer viruses, the Providers make no warranty or guarantee that files are virus free, and the Providers are not able to provide any assurances with respect to e-mail or attachments which may have originated with third parties. This website may provide links to Internet sites maintained by third parties. The Providers do not operate or control in any respect any information, products or services on these third-party websites and assumes no responsibility for the contents of said websites. The Providers are not liable or responsible for any damage to computer hardware or software arising from the distribution of a computer virus through the use of this website. The Providers are not liable or responsible for service delays resulting from unforeseen circumstances such as technical problems.
5. Electronic Communications. When you visit this website, send e-mails to the Providers (or any of them) or upload documents to this website, you are communicating with the Providers electronically. You agree that all agreements, notices, disclosures and other communications that the Providers provide to you and that you provide to the Providers electronically satisfy any legal requirement that such communications be in writing.
6. Indemnification. You agree to to indemnify and hold harmless the Providers from and against all claims, actions, suits, proceedings, damages, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees, in connection with or arising from or out of your use of this website, your violation of this Agreement, or your infringement of any intellectual property or other right of any person or entity.
7. Termination. In the event you violate any of the terms and conditions contained in this Agreement, the Providers (or any of them) may to terminate all services and contractual obligations with you. Furthermore, the Company may, at its sole discretion, discontinue or terminate operation of its website or services at any time and for any reason without notice.
8. Governing Law. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, except where pre-empted by federal law.
9. Consent to Jurisdiction and Attorneys’ Fees. The parties hereto hereby agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement or the relationship of the parties shall be brought in the courts located in Denver, Colorado, or the United States District Court for Denver, if a basis for federal jurisdiction exists, and the parties hereby irrevocably consent to the jurisdiction and venue of said courts. In the event that any legal action is instituted by either party to enforce its rights hereunder, the prevailing party in such litigation shall be entitled to reimbursement by the other party for its reasonable attorneys’ fees.
10. Modification of Terms. The terms of this Agreement may be modified from time to time by the Company in its sole discretion. Your use of this website or the Providers’ services following a change in this Agreement constitutes your acceptance to said changes. The date of the most recent revisions to this Agreement will appear on this page.
11. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect thereto.