YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This site (the "Site") is operated by Kamryn Crisp. and affiliates (collectively, "Kamryn Crisp" or "we" or "us"). By accessing or using this Site (or any part thereof), you agree to be legally bound by the terms and conditions that follow (the "Terms of Use") as we may modify them from time to time. These Terms of Use apply to your use of this Site, including the Kamryn Crisp services offered via the Site. They constitute a legal contract between you and Kamryn Crisp, and by accessing or using any part of the Site you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you may not use the Site. Notwithstanding anything to the contrary herein, if you and Kamryn Crisp have entered into a separate written agreement that covers your use of a Kamryn Crisp service, the terms and conditions of such agreement shall control with respect to such service to the extent they are inconsistent with these Terms of Use.
The Site is intended to provide information about real estate and Kamryn Crisp. The information and services offered on or through this Site are provided solely for general business information, do not constitute real estate, legal, tax, accounting, investment or other professional advice, or an offer to sell or lease real estate, and may not be used for or relied upon for these purposes. No lawyer-client, advisory, fiduciary or other relationship is created by your accessing or using this Site or communicating by way of email through this Site.
The information, data, text, software, photographs, images, forms, agreements, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the "Content") are proprietary to Kamryn Crisp and its licensors, and are protected by copyright and other U.S. intellectual property rights, laws and treaties. The Content includes proprietary databases (the "Database") of real estate information, which, by way of example, include tools provided by Kamryn Crisp, information, text, forms, agreements, photographic and other images and data contained therein (collectively, the "Information") and the proprietary organization and structures for categorizing, sorting and displaying such Information, and the related software ("Software"). The Site, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, adaptations, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the "Product".
Those portions of the Product that may be accessed by the general public and that do not require any use of Passcodes (as defined below) or two factor authentication are referred to as the "Non-Passcode Protected Product". Those portions of the Product that require use of Passcodes are referred to as the "Passcode Protected Product".
Only Authorized Users (defined below) for a Passcode Protected Product may access such product and they may access it solely using the user name, password (collectively, the “Passcodes”) and, if required by Kamryn Crisp, Passcodes with two-factor authentication. Kamryn Crisp may use the Passcode and, if required by Kamryn Crisp, two-factor authentication as the means to authenticate your identity when you access and use the Passcode Protected Product. Kamryn Crisp is under no obligation to confirm the actual identity or authority of any party accessing the Passcode Protected Product under your Passcode or other authentication method. An Authorized User will maintain the confidentiality of his/her Passcode and may not share his/her Passcodes with any other person, nor may an Authorized User allow any other person to use or have access to his/her Passcodes. You agree to notify Kamryn Crisp Account Security, via email at [email protected] or via telephone at (909) 273-4281 immediately of any unauthorized use of any Passcode or other breach of security.
Unauthorized attempts to (i) defeat or circumvent Passcodes or other security features, (ii) use the Site or the Product for other than intended purposes, or (iii) obtain, alter, damage or destroy information or otherwise to interfere with the system of its operation are not permitted and may result in a loss of access to the Passcode Protected Product. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of the United States, or such other jurisdictions as may apply.
An “Authorized User” is defined as an Kamryn Crisp Client. Kamryn Crisp’s issuance of a Passcode shall not be construed as a confirmation or admission by Kamryn Crisp that the person receiving the Passcode qualifies as an Authorized User.
Permitted Uses
Subject to the provisions in these Terms of Use, you may use the Non-Passcode Protected Product (or, if you are an Authorized User, subject to the provisions in your License Agreement and these Terms of Use, you may use the applicable Passcode Protected Product), in the ordinary course of your business for periodic general market research reports provided that such reports do not contain building-specific or tenant-specific Information and are not commercially or generally distributed.
Subject to the provisions in these Terms of Use, you may print Information or copy Information into word processing, spreadsheet and presentation programs (or other software programs with the express written consent of Kamryn Crisp), so long as the level of Information being printed or copied is reasonably tailored for your purposes, insubstantial and used in compliance with these use and copying provisions.
Notwithstanding the foregoing, the Information you access on this Site may only be viewed by you for your individual, non-commercial use while visiting this Site.
Prohibited Uses
You shall not, except as may be expressly set forth above under "Permitted Uses", (a) distribute, disclose, copy, reproduce, communicate to the public by telecommunication, make available, display, publish, transmit, assign, sublicense, transfer, provide access to, use, rent or sell, directly or indirectly (including in electronic form) any portion of the Product, or (b) modify, adapt or create derivative works of any portion of the Product.
Notwithstanding anything to the contrary herein, you shall not:
(1) Access any portion of a Passcode Protected Product unless you are an Authorized User for such Passcode Protected Product using the Passcodes assigned to you by Kamryn Crisp to access the components and services of the Passcode Protected Product that your License Agreement authorizes you to access, subject to the terms contained therein and in these Terms of Use;
(2) Access or use any portion of the Product if you are a direct or indirect competitor of Kamryn Crisp, nor shall you provide, disclose or transmit any portion of the Product to any direct or indirect competitor of Kamryn Crisp (by way of example, a "direct or indirect competitor" of Kamryn Crisp includes, but is not limited to, Internet listing services or other real estate information services and employees, independent contractors and agents of such services);
(3) Provide your Passcode or otherwise provide access to a Passcode Protected Product to any individual other than yourself, including by providing the results of queries of or reports generated from a Passcode Protected Product to a person who is not a client or prospective client.
(4) Use or distribute any Information from the Product, including Information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product;
(5) Modify, merge, decompile, disassemble, scrape, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Product or the data generated from it;
(6) Use, reproduce, publish or compile any portion of the Product for the purpose of selling or licensing any portion of the Product or making any portion of the Product publicly available;
(7) Store, copy or export any portion of the Product into any database or other software, except as expressly set forth in the Permitted Uses above;
(8) Upload, post or otherwise publish any portion of the Product on, or provide access to any portion of the Product through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement, except that you may e-mail a report containing Information that complies with the Permitted Use provisions set forth above to a limited number of your clients and prospective clients;
(9) Upload, post, e-mail, make available or otherwise transmit or communicate to the public by telecommunication any information, data, text, software, photographs, images, graphics, or other content to or through the Product, or use any portion of this Product in a manner, that:
(a) is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, give rise to liability or violate any local, provincial, federal or international law, intentionally or unintentionally, or is otherwise objectionable;
(b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party;
(c) constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation in the United States, Canada or other county, including the Kansas non-solicitation law (K.S.A. 45-230), which, with limited exceptions, prohibits anyone from knowingly selling, giving or receiving, for the purpose of selling or offering for sale any property or service to persons listed therein, any list of names and addresses contained in or derived from Kansas public records; or
(d) contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Product or servers or networks connected thereto or the activities of other users of the Product or of any computer software or hardware or telecommunications equipment.
(10) Except as set forth in a License Agreement, you acknowledge and agree that you do not have a right to make available, communicate to the public by telecommunication, transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty any information about the Product.
(11) Impersonate any person or entity, including but limited to an Authorized User, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Product; and
(12) Use any portion of the Product to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Use or any applicable local, state, provincial, national or international law, rule, regulation or ordinance, including without limitation, state, provincial and local real estate practice, spam or privacy laws.
(13) Market properties or otherwise communicate with contacts acquired from the Licensed Product without first obtaining the appropriate consents and permissions as required by applicable law.
Termination and Interruption of Access
You acknowledge and agree that Kamryn Crisp may interrupt, terminate, discontinue, or block your access to the Product or portions thereof at any time, subject to the terms of any License Agreement in place between you or your company and Kamryn Crisp. Kamryn Crisp reserves the right to terminate or suspend your use of a Kamryn Crisp service or to terminate your License Agreement upon a good faith determination of a violation of the terms of any material provision of any other agreement between the parties or their affiliates. In the event such suspension or termination occurs, you shall cease using any portion of the Product, permanently delete or destroy all portions of the Product within your possession, custody or control, and, upon written request from Kamryn Crisp, certify, in writing, your compliance with this provision.
If you are a Kamryn Crisp Client, your License Agreement sets forth an initial term that expires on a specified date and that may automatically renew for a specified length. Following the effective date of termination or non-renewal of your License Agreement, you shall cease using any portion of the Product. In addition, you shall permanently delete or destroy all portions of the Product within your possession, custody or control and, upon written request from Kamryn Crisp, certify, in writing, your compliance with this provision.
The documents stored in the "saved searches" section of Product are not intended to be confidential, however, except as otherwise provided herein, Kamryn Crisp shall not disclose to others the documents or other information stored there. Authorized access is designed to be restricted to the Authorized User(s) that store the information there and other users designated by such Authorized User(s) to have access to the information.
Consistent with this goal of confidentiality, in addition to any other right provided for herein, Kamryn Crisp reserves the right to compile statistical information regarding use of various features of this Site and Kamryn Crisp's services, including the saved searches section. Kamryn Crisp also reserves the right for Kamryn Crisp and its contractors to access any portion of its services to perform customer support, product or system development, routine security inspections, to protect against unauthorized use of our products or services, to respond to legal process, or if otherwise required to do so by law.
This Product may include opportunities for users to submit information, data, text, photographs, images, graphics, messages, links, expressions of ideas and other content to the Product, for it to be publicly displayed on the Product, used by Kamryn Crisp in connection with researching real estate activity, or for some other purpose ("Submitted Content"). Kamryn Crisp acknowledges that if you provide Kamryn Crisp with any information or images, then you retain any applicable ownership rights that you may have with respect to such information and images. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, and not Kamryn Crisp, are entirely responsible for all such content that you upload, post, e-mail or otherwise transmit to or via the Product. Kamryn Crisp is under no obligation to post or use any such Submitted Content you may provide and may remove any such content at any time in Kamryn Crisp's sole discretion.
You agree that Kamryn Crisp may adjust portions of the Information contained within the Product. Any such adjustment will have no material impact on the meaning and interpretation of the Information, but will serve as a means of uniquely identifying the Information as having been supplied to you. You accept that this is a legitimate and lawful security precaution on the part of Kamryn Crisp, and accept further that in the event that any third party has access to Information that can be identified as having your unique adjustments a prima facie breach of security and of these Terms of Use on your part may be assumed by Kamryn Crisp.
With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Product, you grant Kamryn Crisp and its licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, communicate to the public by telecommunications, make available, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, rent and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that Kamryn Crisp may preserve any such content and may also disclose such content in its discretion. The foregoing license is without restrictions of any kind and without payment due from Kamryn Crisp.
You also hereby forever waive and agree never to assert any and all Moral Rights you may have in or with respect to any Submitted Content. “Moral Rights” means any so-called “moral rights” or “droit moraux” or any similar right which you may have in any Submitted Content, existing under judicial or statutory law of any country in the world, or under any treaty. For greater certainty, these so-called “moral rights” or “droits moraux” shall not include the so-called “paternal right”.
You represent and warrant that (a) you own or have the full right, power and authority to grant to Kamryn Crisp use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Product; (b) your license of such content to Kamryn Crisp hereunder does not, and the use or license of such content by Kamryn Crisp to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content.
You acknowledge and agree that your submitting Submitted Content to the Site does not create any new or alter any existing relationships between you and Kamryn Crisp.
Kamryn Crisp has no obligation to monitor or screen Submitted Content and is not responsible for Submitted Content. However, Kamryn Crisp reserves the right, in its sole discretion, to monitor Submitted Content, edit Submitted Content or delete Submitted Content at any time for any reason or no reason.
Certain map data, including public transportation information, is provided by Google Maps. and/or other parties, and is used with permission.
You may provide a hyperlink to the home page of this Site, which is www.homesforsalelakehavasu.com, or to www.havasuforsale.com provided that you must remove any such link upon request from Kamryn Crisp. Except as set forth in the preceding sentence, or as otherwise authorized by Kamryn Crisp in writing, links to and the framing of this Product or any of its Content is prohibited.
For your convenience, the Product may include links to other sites, some of them owned and operated by Kamryn Crisp and some of them owned and operated by third parties. Under no circumstances shall Kamryn Crisp be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, or is linked to from this Site, or any service or product that may be offered through such web sites. Kamryn Crisp has not necessarily reviewed any or all of the content of such other web sites, does not guarantee the accuracy or timeliness of such sites, and disclaims responsibility for the content and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such sites. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.
Information Regarding Accuracy, Completeness and Timeliness of Information in the Product
The Product is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the Product shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Product, is responsible if the Product is not accurate, complete or current. Neither we, nor any third party involved in creating, producing or delivering the Product, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Product.
ALTHOUGH KAMRYN CRISP ATTEMPTS TO PROVIDE AN ACCURATE PRODUCT, THE PRODUCT AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. KAMRYN CRISP (INCLUDING ITS AFFILIATES), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY SUPPLIERS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “KAMRYN CRISP PARTIES”) CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT (I) THE PRODUCT WILL ALWAYS BE ACCURATE, COMPLETE, CURRENT, OR TIMELY; (II) THE OPERATION OF, OR YOUR ACCESS TO, PRODUCT THROUGH THE SITE WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE; AND/OR (III) DEFECTS OR ERRORS IN THE SITE OR THE PRODUCT, BE THEY HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED.
THE KAMRYN CRISP PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY KAMRYN CRISP PARTY, AND (5) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
BY VIEWING, USING OR ACCESSING THE PRODUCT, INCLUDING BY USING ANY TOOL, FORM OR AGREEMENT PROVIDED ON THE SITE, OR BY UPLOADING ANY OTHER FORM OR AGREEMENT TO THE SITE, YOU (I) ACKNOWLEDGE THAT KAMRYN CRISP IS NOT A PARTY TO THE TRANSACTION CONTEMPLATED BY SUCH FORM OR AGREEMENT, (II) AGREE THAT THESE TERMS OF USE, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION SET FORTH IN THESE TERMS OF USE APPLY TO SUCH TOOLS, FORMS AND AGREEMENTS AND YOUR USE THEREOF, AND (III) ACKNOWLEDGE THAT KAMRYN CRISP PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SUFFICIENCY, LEGAL EFFECT OR ENFORCEABILITY OF ANY SUCH TOOLS, FORMS AND AGREEMENTS AND BY YOUR USE OF THE SAME YOU CONFIRM THAT YOU HAVE MADE YOUR OWN INDEPENDENT ANALYSIS OF THE SUFFICIENCY, LEGAL EFFECT AND ENFORCEABILITY OF ANY SUCH TOOLS, FORMS AND AGREEMENTS WITHOUT RELIANCE UPON KAMRYN CRISP OR KAMRYN CRISP PARTIES. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT KAMRYN CRISP PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SUFFICIENCY, LEGAL EFFECT OR ENFORCEABILITY OF ANY ELECTRONIC SIGNATURES INCLUDING, WITHOUT LIMITATION, WHAT LAW MAY GOVERN ANY SUCH ELECTRONIC SIGNATURES AND YOU CONFIRM THAT YOU HAVE MADE YOUR OWN INDEPENDENT ANALYSIS OF THE SUFFICIENCY, LEGAL EFFECT, GOVERNING LAW AND ENFORCEABILITY OF ANY SUCH ELECTRONIC SIGNATURES.
ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK.
KAMRYN CRISP RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PRODUCT OR ANY FEATURE OR PART THEREOF AT ANY TIME.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE KAMRYN CRISP PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE PRODUCT, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE PRODUCT, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE PRODUCT.
IF YOU DOWNLOAD ANY CONTENT FROM THIS PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. NONE OF THE KAMRYN CRISP PARTIES SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM, RELATING TO OR RESULTING FROM THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE KAMRYN CRISP PARTIES FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR A SEPARATE LICENSE AGREEMENT EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO KAMRYN CRISP UNDER THE RELEVANT LICENSE AGREEMENT BETWEEN THE RELEVANT KAMRYN CRISP CLIENT AND KAMRYN CRISP DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR THE KAMRYN CRISP CLIENT OR ANY OTHER PARTY FOR ANY APPLICABLE DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE KAMRYN CRISP PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF KAMRYN CRISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.
NONE OF THE KAMRYN CRISP PARTIES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND KAMRYN CRISP'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.
BY USING THE PRODUCT, YOU WAIVE AND RELEASE ALL OF THE KAMRYN CRISP PARTIES FROM ANY AND ALL LIABILITY OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH YOU MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY OF THE KAMRYN CRISP PARTIES BY REASON OF OR ARISING OUT OF THE PRODUCT OR YOUR USE THEREOF. THE WAIVERS AND RELEASES SET FORTH IN THESE TERMS OF USE INCLUDE CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE OR WHICH YOU DO NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY YOU, WOULD MATERIALLY AFFECT YOUR WAIVER AND RELEASE SET FORTH ABOVE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU SPECIFICALLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
THESE FOREGOING LIMITATIONS APPLY WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE KAMRYN CRISP PARTIES WERE NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN KAMRYN CRISP AND YOU. THE PRODUCT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAMRYN CRISP THROUGH THE PRODUCT CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.
If you create any settings, saved searches, fields or functions in the Product or input, add or export any data into or from the Product (collectively, the "User Data"), none of the Kamryn Crisp Parties shall have any liability or responsibility for any of such User Data, including the loss, destruction or use by third parties of such User Data. It is your responsibility to make back-up copies of such User Data.
If you cause a technical disruption of the Product, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys' fees, fines, and costs of enforcement) arising from or related to that disruption. Upon your breach of any term of these Terms of Use or a separate License Agreement, Kamryn Crisp's remedies shall include any damages and relief available at law or in equity as well as interruption and/or termination of your access to the Product or any portion thereof and permanent deletion or destruction of all portions of the Product within your possession, custody or control. If Kamryn Crisp retains any third party to obtain any remedy to which it is entitled under these Terms of Use or a separate License Agreement, Kamryn Crisp shall be entitled to recover all costs, including attorney's fees or collection agency commissions, Kamryn Crisp incurs.
Indemnity
You agree to indemnify, defend, and hold harmless the Kamryn Crisp Parties from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees), arising out of or relating to your (and your users') Submitted Content, use or misuse of any portion of the Product, or your violation of these Terms of Use or a separate License Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. Kamryn Crisp and any third party involved in creating, producing, or delivering the Product reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of Kamryn Crisp and any such third party.
Kamryn Crisp is committed to respecting the privacy of your personal information in connection with your use of this Site. We take great care to keep your personal information confidential and secure. However, the Internet is not a totally secure medium of communication. For this reason, we cannot guarantee the privacy of any information you input on this site, send to us, or request be delivered to you on the Internet. Kamryn Crisp will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.
Use of the Product is subject to Kamryn Crisp’s Privacy Notice, located at homesforsalelakehavasu.com, which is hereby incorporated into, and made part of, these Terms of Use. Kamryn Crisp reserves the right, and you authorize us, to use the Product and any and all other personal information provided by you in any manner consistent with our Privacy Notice.
Kamryn Crisp may send to you communications, including, but not limited to, email communications about new features or products, available real estate listings, product feedback and other marketing content, which you may unsubscribe from at any time. Kamryn Crisp prohibits the use of our system or its tools to generate or send unsolicited email or any email that would violate the anti-spam law or regulation (a “law”) of any country (“spam”). You may not use the Product email services that Kamryn Crisp offers or supports to send spam or otherwise send content that would violate these Terms and Conditions including any applicable spam law. By using the Product email services, you agree to send email only to those who have given you, and you have, consent to send the email or to those who you are otherwise permitted under applicable law to send such emails, the e-mail will contain all of the information such as a link to your privacy policy and a functioning unsubscribe mechanism required by law, and you will have a functioning unsubscribe mechanism and you will give effect to any request to unsubscribe from receiving future commercial emails, as required by law. Kamryn Crisp has the right, but not the obligation, to revoke the privileges of any party who breaches these terms.
The Product employs various trademarks and service marks of Kamryn Crisp and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Procedure for Making Notification of Claims of Copyright Infringement
Kamryn Crisp respects the intellectual property of others, and we ask those posting or transmitting any content to or through this Site to respect copyright law. It is the policy of Kamryn Crisp to restrict and/or terminate in appropriate circumstances the ability to submit content and/or use this Product by individuals or entities that repeatedly submit infringing content in violation of these Terms of Use. If you believe that your work has been copied and is available on this Site or our other online services in a way that constitutes copyright infringement, you may notify Kamryn Crisp according to the notice requirements of the Digital Millennium Copyright Act and any other applicable law. Kamryn can be reached as follows: by mail to Kamryn Crisp. PO Box 365 Lake Havasu City, AZ 86405, by e-mail to [email protected]; and by telephone at 909-273-4281.
You acknowledge that Kamryn Crisp and its licensors have and shall retain exclusive ownership of all proprietary rights in or to the Product. You shall have no right or interest in any portion of the Product except the right to use the Product as set forth in these Terms of Use. You acknowledge that the Software, Database, Content, Information, Passcode Protected Product, Non-Passcode Protected Product, and Product constitute the valuable property and confidential copyrighted information of Kamryn Crisp and its licensors (collectively, the "Proprietary Information"). You agree to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, (b) not challenge Kamryn Crisp's and its licensor's ownership of (or the validity or enforceability of their rights in and to) the Proprietary Information, and (c) not remove, conceal, obliterate or circumvent any copyright or other notice or license, use or copying technological measure or rights management information included in the Product. You shall be liable for any violation of the provisions of these Terms of Use and, if applicable, the License Agreement by your employees, Independent Contractors, affiliates and agents and for any unauthorized use of the Product by such persons. Nothing in these Terms of Use will restrict Kamryn Crisp from freely using for any purpose, without compensation, any of your ideas, suggestions, enhancements or other feedback relating to the Licensed Product or new Kamryn Crisp products, features or tools, or any portion thereof.
This Site is controlled and operated by Kamryn Crisp from its offices in Lake Havasu City, Arizona, within the United States. Kamryn Crisp makes no representation that any portion of the Product or other material accessed through this Site is appropriate, enforceable, compliant with local law, or available for use, in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the Product or the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any portion of the Product except in full compliance with all applicable laws and regulations, this Terms of Use, and, if applicable, the associated License Agreement. In particular, no portion of the Product may be exported or re-exported in violation of the sanctions, export control laws and regulations of any applicable country, or exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
Kamryn Crisp is headquartered in Lake Havasu City, Arizona in the United States. These Terms of Use and your use of this Product shall be governed by the laws of the Arizona without regard to its conflicts of laws principles. Unless otherwise agreed to in writing, the federal and state courts located in Arizona shall be the exclusive jurisdiction for any action brought against Kamryn Crisp in connection with these Terms of Use or use of the Product. You irrevocably consent to the jurisdiction and venue of the federal and state courts located in the Arizona, and to the jurisdiction of the federal, provincial and/or state courts located in any State or Province where you are located, for any action brought against you in connection with these Terms of Use or use of the Product. All disputes arising outside of the United States shall be settled by arbitration held in Lake Havasu City, Arizona USA and in accordance with the Rules of Arbitration and Conciliation of the International Chamber of Commerce. All arbitrators shall be fluent in English and all documents submitted in connection with the arbitration shall be in English. Judgment upon an arbitration award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement. If any material in this Product, or your use of the Product, is contrary to the laws of the place where you are when you access it, or if Kamryn Crisp is not Licensed as required by applicable laws or regulations in such locale, the Product is not intended for you, and we ask you not to use the Product. You are responsible for informing yourself of, and complying with, the laws of your jurisdiction.
Kamryn Crisp is continuously updating and changing the Product, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that Kamryn Crisp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product (or any part thereof). Additionally, we reserve the right, in our complete and sole discretion, to change these Terms of Use at any time by posting revised terms on the Product. It is your responsibility to check periodically for any changes we may make to the Product and these Terms of Use. Your continued use of this Product following the posting of changes to these terms or other policies means you accept the changes.
The restrictions imposed on you with respect to information or materials viewed and/or downloaded in respect of the Product and the disclaimers, indemnities, waivers, releases and limitations of liabilities set forth above shall survive termination or suspension of these Terms of Use for any reason.
These Terms of Use contain the entire understanding of the parties with respect to the Product and supersede any prior oral or written statements and documents with respect to such subject matter, provided that these Terms of Use do not supersede any written License Agreement between the parties.Your obligations hereunder are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) these Terms of Use or any portion hereunder, in whole or in part, without the prior written consent of Kamryn Crisp. In the event any portion of these Terms of Use not being of a fundamental nature is held to be invalid, illegal or unenforceable, such part shall be deemed severed from these Terms of Use without invalidating the remaining provisions of these Terms of Use or affecting the enforceability of such remaining provisions. If a provision is held to be invalid, illegal or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. Any consent by Kamryn Crisp to, or waiver of, a breach of a right, term or provision of these Terms of Use, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. Headings are for reference only. The use of and access to the Product is available only to individuals who can enter into legally binding contracts under applicable law. All notices to Kamryn Crisp pertaining to these Terms of Use will be in writing, mailed by registered or certified mail, delivered attention to Kamryn Crisp, PO Box 365, Lake Havasu City, AZ 86405.
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Last Revised: September 9, 2023
Kamryn Crisp is an Agent of Keller Williams. Visit https://kw.com/kw/termsofuse to review Keller Williams Terms of Use relative to products or services provided by Keller Williams.
