Welcome to faitherealestate.com (hereinafter “we”, “us”, “our”) and thank You (all visitors to our website) for considering our products and services. As stated in Our Terms of Service, Our Privacy Policy forms a part of Your legal agreement with us. Your use of this website serves as agreement with this policy and signifies that you agree to abide by all terms of this policy. Please do not use this website if you disagree with any part of our Privacy Policy. Guarding your personal information is very important to us, and the following policy explains how information about you is used and protected.
Information collected – Non-personal information
When you use our website, our servers may automatically collect certain non-personal information such as: your IP address, your operating system, or your browser.
Our use of cookies
We may use cookies to store or retrieve information. Cookies are a small piece of text stored on your browser which may allow us to identify you upon return to the web site or to remember specific information such as your shopping cart items or your display options. Cookies are neither a virus nor spy-ware. You hereby authorize use of cookies by us.
Personal information collected
The personal information we may collect and store is the information that you voluntarily disclose to use, including but not limited to: any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, such as: (1) first and last name; (2) home or other physical address, including street name and name of a city or town; (3) email address; (4) telephone number; (5) a government issued identifier; (6) any other identifier that permits the physical or online contacting of a specific individual; or (7) information concerning a user that the web site or online service collects online from the user and maintains in personally identifiable form in combination with an identifier described in this section. Personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
We do not spam our customers
Ever. We do not give or sell your information to anyone. Any information you provide through our website is only used for that transaction and can be deleted at any time by emailing a request to us. We do not share this information with outside parties except to the extent necessary to complete a request/order. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. We may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of women and Z number of men filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Third Party Information
Our web site may contain links or display advertising from third parties. Non-personal and personal information you voluntarily provide to third parties through links on our web site may be shared with us by our advertisers and other third parties. In addition, we may receive personal information from co-registration partners when you have voluntarily agreed to allow a third party to share their data. We have no control over the privacy practices of any third parties.We do not allow for sharing or selling of information provided to us directly with third parties. Please be sure to read and accept the privacy policy on any web site you visit.
No Information Collected from Children
We do not intentionally collect personal information from anyone under the age of 18.
Storage and Security of personal information
We store your personal information on our computers, and we believe we have appropriate security measures in place to protect your personal information including encryption of any personally identifying information. However, we cannot guarantee that our security measures will prevent our computers from being accessed without authorization and your personal information stored on them stolen, deleted, or changed. We assume no responsibility for such unauthorized actions
Security Breach Notice
For any unencrypted data that we maintain that includes personal information, we will notify you of any unencrypted personal information that was, or is reasonably believed to have been, acquired by an unauthorized person. The type of information that triggers the notice requirement is an individual’s name plus one or more of the following: social security number, driver’s license or state identification card number, financial account numbers, medical information or health insurance information, as well as any complete login information.
Disposal of Customer Records
When the time comes to dispose of customer records; we will shred, erase or otherwise modify the personal information when disposing of customer records under our control.
How We Use your Information
We may use your personal information for any legal purpose in our sole discretion, including but not limited to; membership, registration, log-in, or order fulfillment purposes. You agree that we may also use your personal information to contact you by phone, email, and/or U.S. mail.
Dissemination of Individual Information
We may transfer personal information to third parties for order fulfillment, to respond to legal processes or governmental requests for information, or for any other legal purpose.
Do Not Track Requests
While your browser may contain a “do not track” signal or other mechanism that provides you the ability to exercise choice regarding the collection of personally identifiable information or about your internet activities over time and across third-party sites or online services, our systems are not set up to accommodate your browser’s request.
Privacy Policy Updates
This privacy policy is effective immediately. We reserve the right to modify or update this policy at any time without prior notice.
Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE. THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE. THESE TERMS OF USE HAVE A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.
Faithe Real Estate Group is a Real Estate company that provides Real Estate services for clients including, but not limited to, LIST SERVICES HERE. We (“Faithe Real Estate Group,” “our” or “we”) provide you access and use of this website (the “Site”) subject to these Terms of Use (the “Terms”). By accessing or using the Site, you agree to abide by these Terms, as they may be amended by Faithe Real Estate Group from time to time in its sole discretion, and that such agreement constitutes a binding contract between you and Faithe Real Estate Group LLC. In addition, when visiting or using certain Site features, you may be subject to additional posted agreements, guidelines, rules or terms of service. All such agreements, guidelines, rules or terms of service, as they may be amended by Faithe Real Estate Group from time to time in its sole discretion, are hereby incorporated by reference into these Terms. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable or you do not have authority to agree or accept these Terms, you may not use the Site.
LICENSE AND ACCESS TO SITE
Faithe Real Estate Group grants you a limited noncommercial, nonexclusive, nontransferable license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Faithe Real Estate Group.
REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY
In consideration of your use of the Site, you represent and agree that you: (i) are of legally sufficient capacity to form a binding contract; (ii) are at least 18 years of age; and (iii) you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. If you make a purchase on the Site, you agree to complete the checkout process by providing true, accurate and complete information requested on the checkout page (“Checkout Data”).
MERCHANDISE DESCRIPTIONS AND PRICING
Faithe Real Estate Group strives for the Site to be as accurate as possible. However, Faithe Real Estate Group does not represent or warrant that merchandise descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. For example, merchandise included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell merchandise or services. We reserve the right, without prior notice, to limit the order quantity on any merchandise or service and/or to refuse service to any customer. We also may require verification of information (government-issued form of identification or other) prior to the acceptance and/or shipment of any order. Despite our best efforts, a small number of the items on our Site may be priced incorrectly. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the merchandise ordered will be used only in a lawful manner. Faithe Real Estate Group nor our clients REPRESENT, WARRANT, OR CERTIFY THE ACCURACY OF ANY DIAMOND GRADING REPORT OR ANY OTHER THIRD PARTY REPORTS.
PAYMENT TERMS; INTEREST; ORDERS
Terms of payment are within Faithe Real Estate Group’ sole discretion, and unless otherwise agreed to by Faithe Real Estate Group in writing, payment must be received by Faithe Real Estate Group prior to Faithe Real Estate Group acceptance of an order. Payment for merchandise orders will be accepted via credit/debit card (U.S. and Canada only). Your order is subject to cancellation by Faithe Real Estate Group at Faithe Real Estate Group sole discretion. All amounts due are payable in U.S. dollars. Any amount not paid when due will be subject to a late fee of $5 per day, or the maximum amount allowed by law if lower, PLUS the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by Faithe Real Estate Group in collecting past due amounts from you.
SHIPPING; RISK OF LOSS; TITLE; TAXES; INTERNATIONAL SALES
Shipping and handling charges will be the responsibility of the buyer, and items are currently only able to ship within the United States. Shipping dates are estimates only. Risk of loss and title for all items purchased pass to you upon delivery by the carrier. You are responsible for any sales, use, GST, value-added, personal property or other tax or levy imposed on all orders. Title to all intellectual property rights remain with the applicable licensor(s).
PRIVACY POLICY
Faithe Real Estate Group and our Clients are committed to maintaining the privacy and security of information that you provide to us through the Site. Checkout Data and certain other information about you are subject to our Privacy Policy. By using the Site you consent to the collection and use of this information (as set forth in the Privacy Policy), including the transfer of this information to or from the United States and/or other countries for storage, processing and use by Faithe Real Estate Group and its Clients or affiliates.
USE OF SOFTWARE
Faithe Real Estate Group may make certain software available to you from the Site. If you use software on or from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Faithe Real Estate Group, or its licensors, for your limited, personal, nonexclusive, nontransferable use only. Using the Software is at your sole risk.
USE RESTRICTIONS
Faithe Real Estate Group imposes certain restrictions on your permissible use of the Site. You represent and agree that you will not:
(i) use the Site in connection with any commercial endeavor, unless you have a prior written agreement with Faithe Real Estate Group signed by an officer of Faithe Real Estate Group;
(ii) market or distribute access to the Site or any portion thereof;
(iii) assign; sublicense, sell, lease or otherwise transfer or convey your rights under these Terms;
(iv) violate or attempt to violate any security feature of the Site;
(v) access or attempt to access any content, data, programs or other Faithe Real Estate Group systems not intended for you, or log onto a server or account that you are not expressly authorized to access;
(vi) attempt to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization;
(vii) damage, disable, overburden or impair the Site or interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(viii) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Faithe Real Estate Group in providing the Site;
(ix) attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Site;
(x) frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases, Faithe Real Estate Group IP (as defined below) or other lists, merchandise or services provided through or obtained from the Site, or engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information from the Site;
(xi) use any meta tags or any other “hidden text” utilizing Faithe Real Estate Group IP (as defined below) without the express written consent of Faithe Real Estate Group;
(xii) engage in, encourage others to engage in, or provide instructional information about, conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or any regulation having the force of law;
(xiii) harm minors in any way or solicit personal information from or about a minor;
(xiv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(xv) send email messages or use the Site in any manner which intentionally or unintentionally violates any applicable local, state, national or international law or regulation (including without limitation, policies and laws related to spamming, privacy, obscenity or defamation);
(xvi) send email messages or make posts that contain falsified or misleading routing information, a return address that is either invalid or belongs to a third party and is used without permission, a misleading subject line and/or body copy, or promote a fraudulent scheme; and
(xvii) upload, download, post, email, transmit or otherwise make available any materials that: (a) are inappropriate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, offensive, sexually explicit, promote gambling, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or (e) infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user identification. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
You further agree that you will not create links from any website or web page to the Site, except that you are granted a limited, revocable, and nonexclusive right to create a hyperlink to a specified (in writing) page of the Site (“Homepage”); provided that (i) the link does not portray Faithe Real Estate Group, or its merchandise or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) except as provided herein, you may not use any Faithe Real Estate Group logo or other proprietary graphic or trademark as part of the link without express written permission; and (iii) the link to the Site page must be accompanied by a clear and prominent attribution at the point of origin indicating that the link is connected to the Site. For example, prominently positioning the Faithe Real Estate Group trademark such that there is clear association between the trademark and the destination of the link would be acceptable. You agree that you will not juxtapose the Faithe Real Estate Group mark and the link with your name or any other material(s) in a manner which might create any confusion that there is any affiliation or association between Faithe Real Estate Group, and you or any other person or entity. If Faithe Real Estate Group, for any reason in its sole and absolute discretion, requests in writing that you remove any link or links to the Site, you agree to promptly comply. You agree that if you create any link to the Site that you will not employ any technology that results in the placement of content from the Site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Site content from how it normally appears in a browser.
Faithe Real Estate Group reserves the right to investigate suspected violations of these Terms; provided, however, Faithe Real Estate Group is under no obligation to do so. If Faithe Real Estate Group becomes aware of a possible violation, Faithe Real Estate Group may initiate an investigation which may include gathering information from you or companies involved and the complaining party. If Faithe Real Estate Group believes, in its sole discretion, that a violation of these Terms has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Site and/or deleting any materials from Faithe Real Estate Group system. Faithe Real Estate Group, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Terms could also subject you to criminal or civil liability. Faithe Real Estate Group reserves the right to release the contact information of users involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Faithe Real Estate Group intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
If you breach these Terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to Faithe Real Estate Group or our clients, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Faithe Real Estate Group $50.00 for each such unsolicited email or other unsolicited communication you send through the Site.
USER SUBMISSIONS
Any comments, feedback, suggestions and ideas disclosed, submitted or offered to Faithe Real Estate Group in connection with your use of the Site (collectively “Submissions”) shall be owned exclusively by Faithe Real Estate Group. You agree that Faithe Real Estate Group shall: (i) not be under any obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Submissions.
THIRD PARTY SERVICES AND SITES
The Site may provide links/pages for other websites or resources. Your business dealings with any third party, third party website or third party content (collectively “Third Party”) found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. Faithe Real Estate Group makes no endorsement or guarantee about the content, goods or services provided by such Third Party. Faithe Real Estate Group shall not be responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on the Site; (ii) any insufficiency of or problems with any such Third Party’s background, insurance, credit or licensing; or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Faithe Real Estate Group, its parent, subsidiaries, affiliates, directors, officers, employees, clients, agents, partners and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided otherwise, these Terms govern your use of any and all third party content.
STORAGE AND ACCESS
Faithe Real Estate Group shall have no responsibility or liability for the deletion or failure to store any account, messages, postings, communications or other content maintained or transmitted by the Site.
MODIFICATIONS
Faithe Real Estate Group may, in its sole discretion and without prior notice, (i) revise these Terms; (ii) modify the Site; and (iii) discontinue any of the Site, or any of its constituent parts, including, without limitation, any merchandise featured on the Site, at any time. Faithe Real Estate Group shall post any revision to these Terms, and the revised Terms shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. Your continued use of any of the Site shall constitute your acceptance of the revised Terms. If you do not agree to any of such changes, you may terminate these Terms and immediately cease all access and use of the Site. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to these Terms.
TERMINATION
You acknowledge and agree that Faithe Real Estate Group may at any time in its sole discretion terminate your access to and use of the Site, or any part thereof, with or without notice. You agree that upon termination Faithe Real Estate Group may delete all files and information related to your use, if any, and may bar your access to the Site, and that you will immediately destroy any Faithe Real Estate Group Software in your possession or control.
PROPRIETARY RIGHTS
The design of the Site and all text, graphics, images, information, content, and other material displayed on or that can be downloaded from the Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. The software, technology components and contents of the Site are copyright 2012 to present, Faithe Real Estate Group LLC or its licensors. All rights reserved. You agree that as between the parties, Faithe Real Estate Group is the exclusive owner of the Site, Software and all constituent parts, including without limitation, all software code, all photographs, videos and any other content on the Site, HTML scripts, the uniform resource locators (URL’s) for the Site, the organization and layout of the Site, all Faithe Real Estate Group trademarks (including without limitation Faithe Real Estate Group and the Faithe Real Estate Group logo), trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “Faithe Real Estate Group IP”). Any goodwill attached to, or generated by, such Faithe Real Estate Group IP is owned exclusively by Faithe Real Estate Group, or its licensors, and shall inure solely to the benefit of Faithe Real Estate Group, or its licensors. Nothing contained herein or on the Site should be understood as granting you any right or license to any of the Faithe Real Estate Group IP, except as expressly granted herein. All rights not expressly granted herein are reserved by Faithe Real Estate Group, or its licensors. Faithe Real Estate Group, or its licensors, retains full and complete title to the Faithe Real Estate Group IP. Except as expressly allowed by governing law, you shall not: (i) use or copy the Faithe Real Estate Group IP in any manner not specifically set forth herein; (ii) include Faithe Real Estate Group IP in your corporate name, within a domain name or within any part of URL’s; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to Faithe Real Estate Group IP; (iv) have any claim of ownership in the Faithe Real Estate Group IP; or (v) sell, redistribute, transfer, sublicense or reproduce the Faithe Real Estate Group IP, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any of the Faithe Real Estate Group IP to a human-perceivable form. These Terms do not limit any rights that Faithe Real Estate Group may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information that may have been presented to you through the Site, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE MERCHANDISE AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SITE AND THE MERCHANDISE AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, MERCHANDISE, AND SERVICES CONTAINED ON THE SITE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, Faithe Real Estate Group, ITS CLIENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE SITE OR THE MERCHANDISE AVAILABLE THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY MERCHANDISE, SERVICE OR INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY MERCHANDISE, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE AGREEMENT OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Faithe Real Estate Group MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Faithe Real Estate Group IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Faithe Real Estate Group OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Faithe Real Estate Group, ITS CLIENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR OTHER WEBSITE(S) YOU ACCESS THROUGH THE SITE, CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF Faithe Real Estate Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) ANY INFORMATION, MERCHANDISE AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (VI) MERCHANDISE DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, MERCHANDISE MISUSE, ABUSE, MERCHANDISE MODIFICATION, IMPROPER MERCHANDISE SELECTION, NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION; (VII) PERSONAL INJURY RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR MERCHANDISE; (VIII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (X) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE; (XI) AND/OR (XI) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE MERCHANDISE.
IN NO EVENT SHALL Faithe Real Estate Group, ITS OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS, HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY. YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM Faithe Real Estate Group, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE AGREEMENT OR TERMINATION OF YOUR ACCESS TO THE SITE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION 17 HAS MATERIALLY INDUCED Faithe Real Estate Group TO ENTER INTO THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, Faithe Real Estate Group LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY
You agree to defend, indemnify and hold Faithe Real Estate Group, its clients, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Site, your connection to the Site, your violation of the terms of these Terms, or your violation of any third party’s rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of these Terms.
GENERAL INFORMATION
Entire Agreement
These Terms and any documents referenced herein constitute the entire agreement between you and Faithe Real Estate Group and govern your use of the Site (including, without limitation, all purchases made through the Site), superseding any prior agreements between you and Faithe Real Estate Group (including, but not limited to, any prior versions of these Terms) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Faithe Real Estate Group services or merchandise, third-party content or third-party software. In the event any term contained in these Terms conflicts with any other term contained in any other agreement referenced in these Terms, the terms of this agreement shall control. Except as otherwise provided in these Terms, these Terms may only be modified in a writing signed by an authorized officer of Faithe Real Estate Group.
Consent to Email Communications
You consent to receive communications from Faithe Real Estate Group or Third parties you interact with through the Site electronically and agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assignment; Waiver
You may not assign these Terms or any rights granted herein. Faithe Real Estate Group may assign or transfer these Terms or its rights or obligations hereunder without notice and without your prior approval. These Terms are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms will inure to the benefit of Faithe Real Estate Group and its successors and assigns. The failure of Faithe Real Estate Group to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Governing Law
THE VALIDITY, CONSTRUCTION, INTERPRETATION, AND PERFORMANCE OF THIS AGREEMENT WILL BE EXCLUSIVELY GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE DOMESTIC LAWS OF THE STATE OF NEW MEXICO, EXCEPT AS TO ITS PRINCIPALS OF CONFLICTS OF LAWS, AND WITHOUT REGARD TO THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.
Injunctive Relief
You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to Faithe Real Estate Group that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that Faithe Real Estate Group shall be entitled, without waiving any additional rights or remedies otherwise available to Faithe Real Estate Group at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by you.
Arbitration
Except in the case of legal action brought by Faithe Real Estate Group to obtain injunctive or other equitable relief of whatsoever kind, all of which may be brought in any court or other tribunal of competent jurisdiction, ANY CONTROVERSY, CLAIM, DISPUTE OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR SUBJECT MATTER SHALL BE SUBMITTED TO THE OFFICE OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN, OR CLOSEST TO, BERNALILLO COUNTY, NEW MEXICO, AND WILL BE SETTLED BY ARBITRATION TO OCCUR IN BERNALILLO COUNTY, NEW MEXICO, SAID ARBITRATION TO BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, IN EFFECT AT THE TIME OF THE ARBITRATION, THE LAWS OF THE STATE OF NEW MEXICO GOVERNING SUCH ARBITRATIONS, AND IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. SUCH ARBITRATION MUST BE FILED WITHIN TWELVE (12) MONTHS OF THE FIRST ACCRUAL OF THE CAUSE OF ACTION, AND THE PARTIES AGREE THAT THE STATUTE OF LIMITATIONS FOR ANY CAUSE OF ACTION BROUGHT PURSUANT TO, IN CONNECTION WITH, OR RELATING TO A DISPUTE WILL BE TWELVE (12) MONTHS FROM THE FIRST ACCRUAL OF THE CAUSE OF ACTION, NOTWITHSTANDING ANY STATUTE TO THE CONTRARY.
The arbitration will be heard and decided no later than seven (7) months after the notice of arbitration is filed with the American Arbitration Association. The arbitrator will hear and determine any preliminary issue of law asserted by a party to be dispositive of any claim, in whole or in part, in the manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrator deems appropriate. No witness or party may be required to waive any privilege recognized under New Mexico law. The hearing will not last longer than four (4) days unless all parties agree otherwise, with time to be divided equally between you and Faithe Real Estate Group. The arbitrator will be an attorney, licensed to practice law in the State of New Mexico for no less than five (5) years experience as an arbitrator. The parties and the arbitrator will treat all aspects of the arbitration proceedings, including, without limitation, discovery, testimony and other evidence, briefs, and the award, as strictly confidential and not subject to disclosure to any third party or entity, other than to the parties, the arbitrator, and the American Arbitration Association. The arbitrator must give full effect to the applicable law and to all terms of this Agreement, and are specifically divested of any power to add to, subtract from, modify or alter any of the terms or conditions of this Agreement, or to render decisions in derogation thereof. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual direct damages, except as may be required by statute. THE PARTIES UNDERSTAND THAT THEY ARE WAIVING THEIR RIGHTS TO A JURY TRIAL. The arbitrator will issue written findings of fact and conclusions of law, the decisions of the arbitrator will be binding and conclusive upon all parties involved, and judgment upon any decision of the arbitrator may be entered in any federal or state courts with jurisdiction.
Attorney Fees
In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, in addition to any other relief to which the prevailing party may be entitled, the prevailing party will be entitled to recover its reasonable attorney fees, costs and expenses to resolve the dispute and to enforce the final judgment.
Legal Compliance
You agree to comply with all local laws and rules regarding online conduct and acceptable content. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. The Site is controlled and operated by Faithe Real Estate Group from its offices in the State of New Mexico, in the United States of America. Faithe Real Estate Group makes no representation that any of the Site (including, without limitation, any merchandise or services available on or through the Site) are available or appropriate for use outside of the United States of America. If you access the Site from outside the United States of America, you do so on your own initiative and must bear all responsibility for compliance with local laws, if applicable. Your use of or access to the Site should not be construed as Faithe Real Estate Group’ purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than New Mexico.
Severability
If any provision(s) of these Terms, including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Section Titles; Survival
The section titles in these Terms are for convenience only and have no legal or contractual effect. Sections 8 through 19 of these Terms, as well as any payment obligations to Faithe Real Estate Group, shall survive any termination of these Terms.
Legal Equivalency
These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
