1. Overview and Legal Compliance
1.1 Mike Krueger
Real Estate, Inc., a Colorado corporation, and its subsidiaries and affiliates
("Mike Krueger Real Estate, Inc.," "We," "Us" or
"Our") created this Terms and Conditions of Use Agreement (the "Terms
of Use") to clarify how visitors to Our home page located at www.realestatesummitcounty.com
(the "Web Site") may use this site.
1.2 The following
agreement describes the terms on which We permit use of the Web Site. These
Terms of Use govern all use of the Web Site and apply to all Internet traffic
visiting the Web Site (called "Users" or "You"). Before
using the Web Site, please read all of these Terms of Use carefully as Your use
of the Web Site constitutes Your acceptance of these Terms of Use. If You do
not agree to these terms, You may not use the Web Site.
1.3 We may amend
these Terms of Use at any time. Except as stated below, all amended terms are
effective automatically when they are posted on the Web Site. You should check
the Web Site frequently for changes to these Terms of Use. These Terms of Use
may not be amended in any other way except in writing signed by You and Us.
1.4 This policy
does not extend to any information that is inherent in the operation of the
Internet, and therefore beyond Our control. You agree not to use the Web Site
in any manner contrary to applicable law or government regulation.
1.5 You agree not
to transmit or post on the Web Site anything
2. Unauthorized Use of the Site
2.1 Illegal
and/or unauthorized used of the Web Site, including but not limited to,
unauthorized framing of or linking to the Web Site, or any part of the Web
Site, or unauthorized use of any devise or program on the Web Site, will be
investigated and We will take appropriate legal action, including but not
limited to, civil, criminal, and/or injunctive redress.
3.1 You agree
that You are only authorized to visit, view and to retain a copy of pages of
this Site for Your own personal use, and that You shall not duplicate,
download, publish, modify or otherwise distribute the material on this Site for
any purpose other than Your personal use, unless otherwise specifically
authorized by Us to do so. You also agree not to deep-link to the site for any
purpose, unless specifically authorized by US to do so. The content and
software on this Site is the property of Mike Krueger Real Estate, Inc. and/or
its suppliers and is protected by state, federal, and international copyright
laws. We post a legal notice and various credits on pages of the Site, which
may not be removed. Please do not remove these notices and credits, or any
additional information contained along with notices and credits.
4.1 All content
appearing on this Web Site is the copyrighted property of Mike Krueger Real
Estate, Inc. unless otherwise noted. Reproduction or storage of materials
retrieved from this Web Site is subject to the U.S. Copyright Act of 1976,
Title 17 U.S.C. You may not use, distribute, reproduce, publish, transmit,
transfer, sell, create derivative works from, or in any way exploit the
content, except for personal, noncommercial use, provided that You maintain all
copyright and other notices contained in the content.
5. Trademarks/Service Mark Information
5.1 Mike Krueger
Real Estate, Inc., Realestatesummitcounty.com and Soldin60days.com are
trademarks and/or service marks of Mike Krueger Real Estate, Inc., Any other
trademarks or service marks appearing on this Web Site are the property of
their respective owners.
6.1 You and Mike
Krueger Real Estate, Inc. are Independent Contractors and no agency,
partnership, joint venture, employer-employee or franchiser-franchisee
relationship is intended or created by the Terms of Use.
7.1 THE WEB SITE
IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY
WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING
THE QUALITY, PERFORMANCE, OR FUNCTIONALITY OF THE WEB SITE OR REGARDING THE
QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE
OF THE WEB SITE OR THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. MIKE
KRUEGER REAL ESTATE, INC. MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR
UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. MIKE
KRUEGER REAL ESTATE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MECHANTIBILITY, AND FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN
THESE STATES, MIKE KRUEGER REAL ESTATE, INC.'S LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
8.1 UNDER NO
CIRCUMSTANCES WILL MIKE KRUEGER REAL ESTATE, INC. BE LIABLE UNDER ANY SECTION
OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY
OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF
DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY)
WHETHER OR NOT MIKE KRUEGER REAL ESTATE, INC. HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES. MIKE KRUEGER REAL ESTATE, INC. SHALL NOT
BE LIABLE FOR THE COST OF PROCUREMENT OR SUBSTITUTE GOODS, SERVICES, OR
TECHNOLOGY AND IN NO EVENT SHALL MIKE KRUEGER REAL ESTATE, INC.'S LIABILITY TO
YOU EXCEED THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO MIKE KRUEGER
REAL ESTATE, INC. DURING THE NINETY (90) DAYS IMMEDIATELY PRIOR TO DAMAGE OR
(ii) ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT
OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR MIKE KRUEGER REAL ESTATE, INC.
MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS
OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS
OF USE AND YOUR USE OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY. IN
JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, MIKE KRUEGER REAL
ESTATE, INC.'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
9. Indemnity
9.1 YOU AGREE TO
DEFEND, INDEMNIFY, AND HOLD MIKE KRUEGER REAL ESTATE, INC., ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, LICENSEES, AFFILIATES,
DISTRIBUTORS, RESELLERS AND MARKETING REPRESENTATIVES HARMLESS FROM AND AGAINST
ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS (COLLECTIVELY, THE
"CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE
TERMS OF USE OR USE BY YOU OF THE WEB SITE, EXCEPT TO THE EXTENT SUCH CLAIMS
DIRECTLY RESULT FROM MIKE KRUEGER REAL ESTATE, INC.'S OWN NEGLIGENCE. THIS
INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE
OR OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY.
10.1 Except as
explicitly stated otherwise, (i) all notices to Mike Krueger Real Estate, Inc.
shall be made by postal mail to Mike Krueger Real Estate, Inc., P.O. Box 768,
Breckenridge, Colorado 80424 and (ii) all notices to You shall be made by
postings to Our Web Site. Alternatively, we may give you notice by sending an
email to the email address You provided us when registering. In the case of
email, notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. In the case of
postal mail, notice shall be deemed given 3 days after the date of mailing.
11.1 These Terms
of Use constitute the sole agreement between Mike Krueger Real Estate, Inc. and
You regarding the subject matter contained herein and fully supersede any and
all other understandings or agreements, whether oral or written. You
acknowledge and agree that You have read and understand these Terms of Use and
agree to be bound by them.
12.1 Mike Krueger
Real Estate, Inc. will not be liable in any amount for failure to perform, or
delay in performing, any obligations, hereunder if such delay or failure is
caused by any events beyond Our control including, without limitation, acts of
third parties, wars, hostilities, revolutions, riots, civil commotion, national
emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire,
flood, earthquake, force of nature, explosions, embargo, or any other Act of
God, unavailability, errors or other failures on the Internet, other data
networks, or telecommunications systems, any law, proclamation, regulation,
ordinance, or other act or order of any court, government or governmental
agency or delays.
13.1 These Terms
of Use will be governed by and construed in accordance with the laws of the State
of Colorado, without regard to its conflicts of laws provisions. The
application of the United States Convention of Contracts for the International
Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and
venue for all disputes arising out of these Terms of Use and your use of the
Web Site and/or the services provided thereby shall be the state and federal
courts located within the State of Colorado and you consent to such
jurisdiction and waive all objections to such jurisdiction and venue.
14.1 If any
provision of these Terms of Use as such may exist or may hereafter be amended,
is found to be invalid, illegal or unenforceable for whatever reason, such
provision shall be fully severable and the other remaining provisions shall
remain in full force and effect, and shall be construed as if the illegal,
invalid or unenforceable provision never comprised a part thereof. Furthermore,
in lieu of such invalid, illegal or unenforceable provision there shall be
added automatically in its place a provision similar in its terms and intent to
the illegal, invalid or unenforceable provision as may be possible and be
legal, valid or enforceable.
15.1 Any failure
of Mike Krueger Real Estate, Inc. to enforce any provision of these Terms of
Use shall not be construed a waiver of any rights under such provision or any
other provision of the Terms of Use. Mike Krueger Real Estate, Inc. may only
make such waiver by an express writing.
16.1 Any rights
or obligations granted to You hereunder may not be assigned or transferred to
any other person or entity.
Note: These "Terms Of Use" also apply to these websites:
http://www.soldin60days.com