PLEASE READ CAREFULLY BEFORE USING THIS
WEBSITE
Welcome
to the terrypayseno.comwebsite (hereafter referred to as
"Website"). By using this Website, you agree to be bound by these
Terms of Use, as they presently exist or as they may be revised at any time
without notice or obligation. If you do not agree with these Terms of Use, or
any revisions to them, please discontinue your use of this Website.
Use
Limitations
The
Contents of this Website are protected by copyright, trademark and other United
States and foreign laws, and are provided for your personal, non-commercial use
only. You may make one copy of the material included on this Website for such
use, but only if it contains the applicable terrypayseno.com
notice. Any other use of this Website or its contents, including but not
limited to: reproduction, redistribution, retransmission, creating derivative
works from, creating links to, and "framing," is expressly prohibited
without terrypayseno.com prior written
permission.
Privacy
terrypayseno.com
is committed to respecting your privacy and as such, your usage of this Website
is governed by their Privacy Policy.
Exclusions
and Limitations
It
is our objective to provide you with accurate information that assists you in
using this Website and the real estate and related services available through
it. However, this Website is provided to you on an "AS IS, AS
AVAILABLE" basis, and while we make all reasonable efforts to ensure that
all material on this Website is correct, accuracy cannot be guaranteed and we
do not assume any responsibility for the accuracy or completeness of any information
contained on this Website nor do we guarantee this Website is virus-free. In
addition:
- WE
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES AND FITNESS FOR A PARTICULAR
PURPOSE.
- WE ALSO DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THIS WEBSITE OR ITS
CONTENTS, INCLUDING BUT NOT LIMITED TO: INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, DAMAGES RESULTING FROM LOST DATA, UNAVAILABILITY OF SERVICES,
INACCURATE OR INCOMPLETE DATA, OR OTHERWISE.
- WE
ALSO DISCLAIM ALL LIABALITY ARISING FROM YOUR USE OF THIS WEBSITE OR ITS
CONTENTS WHETHER ARISING IN WARRANTY, CONTRACT, TORT, OR UNDER ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Your
Commitments
You
agree to use this Website in accordance with these Terms of Use and in
compliance with all applicable laws. You also agree not to post or transmit any
inappropriate, defamatory, offensive or illegal messages or content on this
Website or anything that infringes upon the intellectual property rights of
others. You also agree to indemnify, defend and hold terrypayseno.com
and their officers, directors, employees, affiliates, agents, licensors, and
suppliers from and against any and all losses, costs and damages (including
reasonable attorneys' fees) resulting from your use of this Website or its
content.
Third
Party Relationships
This
Website may include links to other websites that may or may not be affiliated
with terrypayseno.com and they may have
terms of use that differ from, or supplement the terms specified here. Since
link sites are beyond our control, we are not responsible for their content or
information collection practices, and we encourage you to review their terms of
use and privacy policies as well.
These
Terms of Use are provided for the benefit of terrypayseno.com,
their affiliates, and their respective officers, directors, employees, and
agents. As such, each of these individuals or entities has the right to assert
and enforce these Terms of Use on its or their own behalf.
Updates
These
Terms of Use are subject to periodic update. Please understand that it is your
responsibility to review these Terms of Use frequently to remain informed about
any changes to them. Your continued use of this Website will indicate your
acceptance of any changes that we do make. The most current Terms of Use will
always be available for your review at: terrypayseno.com.
General
Terms
These
Terms of Use constitute the entire agreement between you and terrypayseno.com
governing your use of this Website, superseding any prior agreements. These
Terms of Use and the relationship created by it are governed by the laws of the
State of Washington, without regard to its conflict of law provisions. As such,
you agree to submit to the personal and exclusive jurisdiction of the courts
located within King County, Washington. Any failure to exercise or enforce any
right or provision of the Terms of Use will not constitute a waiver of the
right of provision. If any provision of the Terms of Use is found by a court of
competent jurisdiction to be invalid, the other provisions of these Terms of
Use will remain in full force and effect.
Claims
of Copyright Infringement
terrypayseno.com
the intellectual property rights of others and take claims of copyright
infringement seriously. We will respond to notices of alleged copyright
infringement that comply with applicable law. If you believe any materials
accessible on or from the Website infringe your copyright, you may request
removal of those materials (or access to them) from the Website by submitting
written notification to our copyright agent designated below. In accordance
with the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act (17 U.S.C. §512(c)(3)) ("DMCA"), your
written notice ("DMCA Notice") must contain substantially the
following:
- Identification
of the copyrighted work that you claim has been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at the site;
- Identification
of the material that you claim is infringing, including a description of where
it is located so that our copyright agent can locate it;
- Your
name, address, telephone number, and, if available, e-mail address, so that our
copyright agent may contact you about your complaint; and
- A signed statement that the
above information is accurate; that you have a good faith belief that the
identified use of the material is not authorized by the copyright owner, its
agent, or the law;
Our
designated copyright agent to receive DMCA Notices is:
Terry Payseno
Coldwell Banker Bain
1200 Westlake Avenue North
Seattle, WA. 98109
terrypayseno@cbbain.com
If
you do not comply with all of the requirements of Section 512(c)(3) of the
DMCA, we are not obligated to honor your DMCA Notice. If your notice does
comply the material that you claim is infringing will be removed from the
Website.
If
you believe that material you posted on the Site was removed or access to it
was disabled by mistake or misidentification, you may submit a counter
notification to our copyright agent. Under the DMCA, a valid counter
notification must include substantially the following
- Identification
of the material that has been removed or to which access has been disabled and
the location at which the material appeared before it was removed or access to
it was disabled;
- Your name, address, telephone number, and, if
available, e-mail address, so that our copyright agent may contact you about
your counter notification;
- A signed statement under
penalty of perjury that you have a good faith belief that the material
identified in your counter notification was removed or disabled as a result of
mistake or misidentification; and
- A signed statement that you
consent to the jurisdiction of Federal District Court for the judicial district
in which your address is located, or if your address is outside of the U.S.,
for any judicial district in which the Site may be found; and that you will
accept service of process from the person (or agent of that person) who
provided the Site with the DMCA Notice at issue.
Our
designated copyright agent to receive counter notifications is:
Terry Payseno
Coldwell Banker Bain
1200 Westlake Avenue North
Seattle, WA. 98109
terrypayseno@cbbain.com
The
DMCA allows us to restore the removed content if the party filing the original
DMCA Notice does not file a court action against you within ten business days
of receiving the copy of your counter notification.
Please
be aware that if you knowingly and materially misrepresent that material or
activity on the Site is infringing your copyright, material or activity or that
such material or activity on the Website was removed or disabled by mistake or
misidentification, you may be held liable for damages (including costs and
attorneys' fees) under Section 512(f) of the DMCA.
We
are not required to actively monitor our Website for copyright violations but
we will comply with all proper notices under the DMCA. It is our policy in
appropriate circumstances to disable and/or terminate a repeat infringer’s
account or other similar ability to use the Site. Such circumstances could
arise when we obtain actual knowledge of repeated instances of copyright
infringement.
This
information should not be construed as legal advice. We recommend you seek
independent legal counsel before filing a DMCA Notice or counter notification.