Jessica Seitz

Jessica Seitz

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Terms Of Use


Welcome to Berkshire Hathaway HomeServices Alliance Real Estate’s (“Alliance Real Estate”) Terms of Use. If you continue to browse www.bhhsall.com (the “Site”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern our relationship with you in relation to your use of the Site. If you disagree with any part of these terms and conditions, please do not use the Site.

Privacy Policy

Information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy.

Modifications

Alliance Real Estate may modify these Terms of Use from time to time. Any modifications to the Terms of Use will be effective once posted to the Site. If you access or use the Site after the Terms of Use have been modified, your continued access and use will constitute acceptance of all modifications.

Links

The Site may contain links to third party web sites and may redirect you to third party web sites (“Third Party Sites”). Third Party Sites are not under the control of Alliance Real Estate, and Alliance Real Estate is not responsible for the contents of Third Party Sites. The inclusion or access to Third Party Sites does not imply an endorsement thereof by Alliance Real Estate. Our Privacy Policy and Terms of Use only apply when you are on the Site. Different terms, conditions, and privacy policies apply when you access or use Third Party Sites, so you should read the applicable terms of use and privacy polices before using or disclosing personal information to any Third Party Sites.

Trademarks

The trademarks used or displayed on the Site are Alliance Real Estate or a third party’s trademarks, which may be registered in the United States or other jurisdictions. None of these trademarks may be used in any way without receiving the prior express written permission of the owner of the trademark.

Content and Intellectual Property

Any information or content shared on the Site is for informational purposes only and does not constitute legal or professional advice. Please consult with an appropriate professional for any professional advice you need, for example, legal or accounting advice.

Alliance Real Estate or its partners created the text, images, video, graphics, content, and materials ("Materials") available through the Site. All Materials are protected by all applicable copyright and trademark laws. Alliance Real Estate or the party credited owns the Materials, and all rights in the Materials are expressly reserved. Use of the Materials is subject to the following policies, which describe in detail how you may use the Materials found on this Site. Please review these policies before using the Materials.

  • You may print or download Materials to a local hard disk or extract for your personal and non-commercial use only;
  • You may copy Materials to individual third parties for their personal use, but only if you acknowledge the Site as the source of the Material;
  • You may not, except with the express written permission of Alliance Real Estate, distribute or commercially exploit any Materials found on the Site;
  • You may not transmit or store Materials found or offered on the Site in any other consumer application or other form of electronic retrieval system.

E-mails

You may have the opportunity to provide your email address to Alliance Real Estate. If you share your e-mail address with Alliance Real Estate through the Site, Alliance Real Estate may send e-mails to you about a variety of subjects, such as updates to the Site or Alliance Real Estate’s products, services, events and programs. By providing your e-mail address to Alliance Real Estate, you consent to receiving these e-mails from Alliance Real Estate. You will have the option of unsubscribing from Alliance Real Estate's e-mail list(s) through a link included in Alliance Real Estate's e-mails.

Disclaimer

THIS SITE IS PROVIDED BY ALLIANCE REAL ESTATE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. ALLIANCE REAL ESTATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALLIANCE REAL ESTATE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALLIANCE REAL ESTATE, ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. ALLIANCE REAL ESTATE SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES; DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT ALLIANCE REAL ESTATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

You may stop using the Site at any time. Alliance Real Estate may suspend or terminate the Site at any time at its discretion and without notice. Alliance Real Estate may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, Alliance Real Estate may terminate your access to this Site if you are not complying with these Terms of Use or if Alliance Real Estate determines that you are a repeat infringer of third-party intellectual property rights.

Digital Millennium Copyright Act ("DMCA")

Alliance Real Estate respects the intellectual property rights of others. Per the DMCA, Alliance Real Estate has a strict policy to protect ownership of content displayed on the Site. If you believe that your intellectual property rights have been violated by Alliance Real Estate, please provide the following information to Alliance Real Estate's designated Copyright Agent listed below:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • An address, telephone number, and e-mail address where Alliance Real Estate can contact you and, if different, an e-mail address where the alleged infringing party, if not Alliance Real Estate, 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 made 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.

Please ensure that you are the lawful copyright owner or have the right to the copyright under the requirements of DMCA prior to sending notice to Berkshire Hathaway HomeServices (the Franchisor of Alliance Real Estate). To contact Berkshire HomeServices regarding these matters, please contact:

 

David Beard

VP/Corporate Counsel

18500 Von Karman, Suite 400

Irvine, California 92612

davidbeard@hsfranchise.com

Governing Law

These Terms are governed by the laws of the State of Missouri, without reference to conflicts of laws. Regardless of your location, any disputes that arise under these Terms will be litigated before a court in St. Louis County, Missouri.

Entire Agreement

These Terms of Use constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement.

Indemnification

You agree to defend and hold Alliance Real Estate, its directors, officers, affiliates, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Site, your violation of any law or the rights of a third party, or any disclosure of private information you provide through the Site.

Interpretation

Alliance Real Estate's or your failure to exercise any right provided for in these Terms of Use shall not constitute a waiver of any rights under these Terms of Use. If any provision of these Terms of Use is found to be unenforceable, such unenforceability will not affect the validity of the remaining provisions. You may not assign any of your rights under these Terms of Use. Alliance Real Estate may assign its rights under these Terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use.



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