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Limitations on
Use
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Website
Owner expressly reserves all rights not expressly
granted in these Terms of
Use.
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You
further agree that you will not:
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take any action that
imposes or may impose, in Website Owner's
sole discretion, an unreasonable or
disproportionately large load on Website
Owner's
infrastructure;
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copy, reproduce, modify,
create derivative works from, distribute,
or publicly display any content from the
Website without Website Owner's express
prior written consent and the appropriate
third party, as
applicable;
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interfere or attempt to
interfere with the proper working of the
Website or any activities conducted on the
Website; or
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bypass Website Owner's
robot exclusion headers or other measures
Website Owner may use to prevent or
restrict access to the
Website.
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Representations and
Warranties.
You represent and warrant to Website Owner that any
information you provide on the Website will be true,
accurate and complete, and will not violate any law,
statute, ordinance or regulation. You warrant that you will
not falsely identify yourself or impersonate or falsely
represent your affiliation with any person or entity.
Except with the written permission of Website Owner, you
agree that you will not access or attempt to access
password protected, secure or non-public areas of the
Website. Unauthorized individuals attempting to access
prohibited areas of the Website may be subject to legal
prosecution. You further warrant to Website Owner that you
will not use the Website for any purpose that is unlawful
or prohibited by these Terms of Use, including without
limitation the posting or transmitting of any threatening,
infringing, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material.
The representations and statements contained in the
respective real estate listings displayed on the Website
are made based upon the investigations conducted by or
through the listing agent identified in each respective
real estate listing. The information contained in the
listings is not, and will not be verified by the Website
Owner. Therefore, Website Owner does not, in any manner,
warrant, guarantee, and/or otherwise represent that any
statement contained in any listing accessible through the
Website is accurate, timely, complete and/or meets any
federal, state, and/or local disclosure requirements
pertaining to real property. It likewise does not assume
and it specifically disclaims any liability for the
accuracy, timeliness, and completeness of the information
contained herein.
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Changes
to These Terms of Use
Website Owner reserves the right, in its sole discretion,
to modify, update, or otherwise revise these Terms of Use
at any time. Such revisions shall be effective immediately
upon posting on the Website. By using the Website or
creating, maintaining, or using, if authorized by the
Website Owner, a link to the Website, after Website Owner
has posted any modifications, updates or revisions, you
agree to be bound by such revised Terms of Use. In addition
to these Terms of Use, additional terms may govern use of
certain web pages within the Website or the creation,
maintenance and use of a link to the Website, as such terms
may be contained on the web pages of the Website. Provided
that such additional terms are not contrary to these Terms
of Use, by accessing and using such web pages, and
creating, using, and maintaining a link to the Website, you
agree to be bound by such terms.
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Links
to Other Websites
The Website may contain links to other websites ("Linked
Websites"). The Linked Websites are provided for your
convenience and information only and, as such, you access
them at your own risk. You agree and acknowledge that
Website Owner is not responsible for, and does not endorse,
the content of or anything that may be delivered to you or
your computer as a result of accessing any Linked Websites,
whether or not Website Owner is affiliated with the owners
of such Linked Websites. Without limiting the generality of
the foregoing, Website Owner is not responsible and shall
have no liability for any viruses or other illicit code
that may be downloaded through a link found on the Website,
or by accessing a Linked Website. Additionally, Website
Owner does not, in any manner, warrant, guarantee, and/or
otherwise represent that any statement contained in any
linked website is accurate, timely, or complete. If another
website asks for personal information, please refer to that
site's own privacy policy. These Terms of Use apply solely
to information collected in the
Website.
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Terms
for Creation of a Link
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Upon
your acceptance of the terms and conditions of
these Terms of Use, you are authorized to establish
a hypertext link (the "Link") from your website
("Your Website") to the home page of the Website.
Deep linking to content appearing in the web pages
below the home page of the Website is not
permitted.
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If you
create a Link, Your Website shall not:
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Create frames around the
Website or otherwise alter the visual
presentation of the
Website.
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Expressly state or
otherwise imply that Website Owner is
endorsing you, your products or services,
or the content of Your
Website.
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Expressly state or
otherwise imply an affiliation between you
and Website Owner without the prior written
consent of Website
Owner.
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Misrepresent your
relationship with Website Owner or present
false or misleading impressions about
Website Owner's products or
services.
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Disparage the Website or
the Website Owner or display the Link in a
manner that that diminishes Website Owner's
goodwill.
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(f)Include or display any
material which is immoral, unethical,
illegal or inappropriate for a professional
website.
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You
acknowledge and agree that you are not a publisher,
distributor, agent, partner, franchiser or endorser
of the Website, and Website Owner is not a
publisher, distributor, agent, franchiser or
endorser of Your Website. Website Owner retains
exclusive editorial control over the Website and
has the right to make administrative or operational
decisions it deems necessary or desirable in the
normal course of business.
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You
warrant to Website Owner that (1) you have duly
registered the domain name of Your Website with all
applicable authorities and/or have a license to use
Your Website, and you possess all rights necessary
to use such the domain name for Your Website, and
(2) the content of and materials placed on or
within Your Website, and any hyperlinks on Your
Website, do not and will not (i) infringe upon or
violate any United States copyright, patent,
trademark or other proprietary right of a third
party, or (ii) violate any applicable law, statute,
regulation, or non-proprietary right of a third
party.
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Proprietary Rights
You acknowledge and agree that the trademarks of Website
Owner (the "Marks"), the Website, Information, and the
content and look and feel of the Website, to the extent
protectable, are proprietary, original works of authorship
of Website Owner, or licensors of Website Owner, protected
under United States and worldwide
copyright, trademark, and trade secret laws of general
applicability. You further acknowledge and agree that all
right, title and interest in and to the Marks, the Website,
and the content and look and feel of the Website are and
shall remain with Website Owner or its licensors. You agree
not to contest or infringe these rights, directly or
indirectly, at any time. Without the prior written consent
of Website Owner, your modification of the content, use of
the content on any other website or networked computer
environment, or use of the content for any purpose other
than personal, non-commercial use, violates the copyrights,
trademarks or other intellectual property rights of Website
Owner or its licensors, and is prohibited. Except as
expressly provided under this Agreement, you may not use on
any website, including Your Website, or on any other
materials, the Marks, or any other trademarks or
copyrighted materials appearing on the Website, including
without limitation any logos, without the express prior
written consent of the owner of the mark or
copyright.
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Interruptions in
Service
The Website and access to the content of the Website may
from time-to-time be unavailable to you or users of Your
Website, whether because of technical failures or
interruptions, intentional downtime for service or changes
to the Website, or otherwise. You agree that Website Owner
shall have no liability of any nature to you or any third
party for any modifications to the Website, and any
interruption or unavailability of access to the Website or
its content.
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No
Warranties; Exclusion of Liability
YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING:
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YOUR
USE OF AND RELIANCE UPON ANY AND ALL INFORMATION,
PRODUCTS AND SERVICES, INCLUDING WITH RESPECT TO
ANY REAL ESTATE LISTING, CONTAINED IN OR PROVIDED
THROUGH THE WEBSITE IS AT YOUR SOLE RISK. SUCH
INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WEBSITE OWNER
MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, OR GUARANTEES WITH RESPECT TO THE
APPROPRIATENESS, ACCURACY, SUFFICIENCY,
CORRECTNESS, VERACITY, VALUE, COMPLETENESS,
AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS,
OR INFORMATION CONTAINED IN OR PROVIDED THROUGH THE
WEBSITE. WEBSITE OWNER DOES NOT WARRANT THE
FUNCTIONS CONTAINED IN THE WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVER THAT MAKES THE
INFORMATION AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. WEBSITE OWNER EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
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IN NO
EVENT WILL WEBSITE OWNER BE LIABLE TO YOU, ANY USER
OF THE WEBSITE OR YOUR WEBSITE, OR ANY THIRD PARTY
FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE
UPON THE INFORMATION CONTAINED IN OR PROVIDED
THROUGH THE WEBSITE. ANY INFORMATION YOU DOWNLOAD
OR OTHERWISE OBTAIN THROUGH THE USE OF THE WEBSITE,
OR ANY LINKED WEBSITE, IS AT YOUR OWN RISK, AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
EQUIPMENT, SOFTWARE, YOUR WEBSITE, LOSS OF DATA,
THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR
ALTERATION OF PERSONAL RECORDS, THE RELIANCE UPON
OR USE OF INFORMATION, PRODOCTS OR SERVICES
APPEARING ON THE WEBSITE OR A LINKED WEBSITE, OR
OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD
OR USE OF ANY SUCH INFORMATION, PRODUCTS OR
SERVICES ON THE WEBSITE OR A LINKED
WEBSITE.
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TO THE
FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
WEBSITE OWNER BE LIABLE TO YOU, OR ANY USER OF THE
WEBSITE OR YOUR WEBSITE, OR TO ANY THIRD PARTY FOR
ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE,
INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL,
GENERAL, OR PUNITIVE DAMAGES, AND INCLUDING LOST
PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR
INDIRECTLY BY THE USE OR RELIANCE UPON INFORMATION,
PRODUCTS OR SERVICES OBTAINED BY OR PROVIDED
THROUGH THE WEBSITE, OR FOR ANY ERROR OR OMISSION,
OR OTHERWISE IN ANY WAY CONNECTED WITH USE OF THE
WEBSITE, WHETHER BASED ON CONTRACT, TORT, INCLUDING
NEGLIGENCE, OR OTHERWISE, EVEN IF FORESEEABLE OR
WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
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Privacy
Website Owner may collect information about you to enhance
the Website and make it easier and more efficient for you
to use the Website. For instance, Website Owner may gather
certain usage information, such as the number and frequency
of visitors to the Website, length of stay and other
anonymous data. This data helps Website Owner determine
usage levels on different parts of Website and to conduct
other internal research. In addition, Website Owner may
aggregate such data and disclose it in an anonymous manner
to third parties or as required by law.
The Website also employs cookies. In general, a "cookie" is
a small piece of text data stored on your computer by a
website, to give your computer a unique identity while the
Website performs certain processes, such as filling an
online member form, or calculating the number of unique
visitors at a given time. Cookies may contain personal
information, like email addresses, usernames, or passwords,
or completely anonymous information, like a randomly
generated number. They may be deleted once you leave a
site, a section of a site, or close the browser; or they
may remain, so that the Website remembers you the next time
you visit that site.
Most browsers allow you to decline cookies automatically or
to accept or decline each cookie individually. If you
choose to decline cookies from the Website, however, you
may not be able to use some sections of the Website or it
may hinder the Website's functions.
As a matter of policy, Website Owner will not sell, share,
or rent information about you or your business collected on
the Website in ways different from the
following.
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Website
Owner may disclose such information collected if
you consent to such
disclosure.
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Website
Owner may share or license information that you
provide with Website Owner members or subscribers,
or to third parties.
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Website
Owner may disclose such information to companies
and individuals employed to perform services on
behalf of Website Owner, for instance analyzing
data, maintaining servers or hosting the Website.
These companies and individuals will have access to
your information only to the extent necessary to
perform their functions.
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Website
Owner may also disclose information to the
government or third parties when Website Owner, in
its sole discretion, believes it is necessary or
appropriate in connection with activity that is
illegal or may expose Website Owner, or you, to
liability or to protect users or the
public.
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Website
Owner may disclose and transfer information
collected from you to a third party who acquires
all or substantially all of Website Owner's
business or operations.
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If you
provide any information to this Website, you may
review, update, correct or change it by contacting
Website Owner directly.
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Indemnification
You agree to indemnify, defend and hold harmless Website
Owner, its officers, directors, employees, shareholders,
agents, affiliates, suppliers, successors and assigns from
and against any and all liability, loss, claim, demand,
suit, proceeding, damage, cost and expense, including
reasonable attorneys fees and costs, arising out of or
resulting from (a) any violation by you of these Terms of
Use; (b) the content of Your Website; or (c) any negligent
acts, errors or omissions of you or your agents or
contractors.
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Copyright
If you believe that a copyright work that you own, or have
an exclusive license to, is accessible on this Website
without your permission you may notify us by contacting our
designated agent listed below. All such inquiries must
include the information specified in Title 17, United
States Code, Section 512.
Designated Agents: Wyoming Multiple
Listing Service, 951 Werner Court, Suite 209, Casper, WY
82601 307-237-1670
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Use of
Mortgage Calculation Tools
The mortgage calculation tools available on the Website are
for demonstration purposes only, and are not an offer to
lend. Interest rates shown may differ from actual market
interest rates. Website Owner does not guarantee the
accuracy, sufficiency, correctness, veracity, completeness,
or timeliness of such service. You are responsible for
confirming the sufficiency and reliability of any such
service.
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Miscellaneous
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These Terms
of Use and all other terms and conditions related to
the use of the Website shall be governed by and
construed in accordance with the laws of the state of
the principal place of business or primary residence of
the Website Owner, United States of America, without
regard to its conflict of law provisions. By use of the
Website or creating a Link, you hereby consent to the
exclusive jurisdiction of and venue in the federal and
state courts located in the county and state of the
principal place of business or primary residence of the
Website Owner, United States of America, for all
disputes arising out of or related to the use of the
Website, any information contained on or provided
through the Website, and the creation and maintenance
of a Link, and you waive all defenses to the exclusive
jurisdiction of such courts.
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If any
provisions of these Terms of Use shall be unlawful,
void or for any reason unenforceable, then such
provision shall be deemed severed from these Terms of
Use and shall not affect the validity and
enforceability of any remaining
provisions.
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These Terms
of Use supersede any prior agreements or understandings
between you and the Website Owner not incorporated into
these Terms of Use. In the event of any inconsistency
between these Terms of Use and any future posted Terms
of Use, the last posted Terms of Use shall
control.
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There are
no third party beneficiaries of these Terms and
Conditions.
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If you
violate any of these Terms of Use, your permission to
use the Website and to create or maintain a Link, and
your license to the Marks shall immediately terminate
without the necessity of any notice to you. Website
Owner retains the right to deny access to the Website
to anyone at its sole discretion, for any reason,
including but not limited to violation of these Terms
of Use. Website Owner may, at any time, in its sole
discretion for any reason terminate only your right to
create and maintain a Link, without affecting your
right to otherwise access and use the Website in
accordance with these Terms and Conditions. Upon notice
of any termination of your right to create and maintain
a Link and license to the Marks, and you shall
immediately remove any and all Links and Marks from
Your Website.
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