TERMS AND CONDITIONS OF USE

Welcome to the ThoseCallaways.com website. These Terms and Conditions of Use constitute an agreement between you and the Those Callaways, P.C.. Additional terms and conditions of use applicable to specific areas of the Site may also be posted on the Site at any time. This agreement, together with any such additional term and conditions, are referred to as this “Agreement.” Please read this Agreement carefully. By accessing or using this Site, you agree to be bound by this Agreement without modification. If you do not wish to be bound by this Agreement, you do not have permission to use this site. Those Callaways, P.C. reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Site. You are not authorized to use this Site in any jurisdiction where the terms of this Agreement are not enforceable.

The information and services offered on this Site are provided with the understanding that Those Callaways, P.C. is not engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

Those Callaways, P.C. assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Those Callaways, P.C. strives to keep the information on this Site accurate, complete and up-to-date, Those Callaways, P.C. cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.

We hope you enjoy using this Site and that you find it to be a helpful tool for buying and selling homes.

I. DEFINITIONS

As used in this Agreement, the following terms have the indicated meanings:
” Those Callaways, P.C.” means Those Callaways, P.C., an Arizona Professional Corporation, that is made up of a licensed family of professional REALTORS® who put you at the center of your Real Estate transaction.

” Site” means the ThoseCallaway.com Internet website.

” Terms and Conditions” means the terms and conditions as set forth in this Agreement and throughout the Site, as modified or amended from time to time.

” User” means you or any other user of this Site.

” Your Information” means any information that you provide through your use of the Site.

II. YOUR INFORMATION AND INFORMATION ON SITE

The site is provided for information purposes only and shall not be construed to be an offer to buy or sell real property. Nothing on the Site shall be considered a solicitation to buy or an offer to sell real property to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws off such jurisdiction. Any decisions you make on the basis of any information found on the Site is your sole responsibility.

Those Callaways, P.C. reserves the right to remove or add information to this Site for any reason, at any time, and from time to time without notice, in their sole discretion. Although information has been obtained from sources deemed reliable, Those Callaways, P.C., including its representatives, attorneys, agents and subagents, makes no guarantee as to the accuracy of the information contained herein. You acknowledge that any reliance upon such information shall be at your sole risk. The Site may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). You acknowledge that Those Callaways, P.C. is not responsible for the availability of, or the Content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. Please use caution and common sense when using the Site.

III. MODIFICATION OF THIS AGREEMENT AND THE SITE

Those Callaways, P.C. may make improvements or changes in the information and other materials on this Site, or terminate this Site, at any time and from time to time without notice, in their sole discretion. Those Callaways, P.C. reserves the right to amend or modify this Agreement at any time and from time to time without notice, in its sole discretion. Such amendments or modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review this Agreement regularly, and your continued access or use of the Site shall be deemed your acceptance of the modified Agreement.

IV. YOUR INFORMATION

You agree Your Information will contain true and accurate information and to promptly notify Those Callaways, P.C. of any changes in Your Information. You are solely responsible for the accuracy and truthfulness of Your Information. You represent and warrant that Your Information shall not: (a) violate any law, statute, ordinance or regulation (including without limitation those governing, consumer protection, unfair competition, anti-discrimination or false advertising), (b) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, (c) be false, fraudulent, inaccurate or misleading, (d) infringe any third party’s copyright, trademark or other proprietary rights or rights of publicity or privacy, (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, and (f) link directly or indirectly to any other web sites. Solely to enable Those Callaways, P.C. to use Your Information throughout this Site, and to ensure they are not violating any rights you might have in Your Information, you hereby grant Those Callaways, P.C. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to use Your Information on this Site and in accordance with Those Callaways, P.C.’s privacy policies.

V. SECURITY POLICY

Those Callaways, P.C. uses industry standard practices to safeguard the confidentiality of your personal identifiable information. Those Callaways, P.C. treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, “perfect security” does not exist on the Internet. You are prohibited from violating or attempting to violate security for the Site. You may not access information not intended for your use, access or use another information. You may not interfere with the operation of the Site. You may use the Site only for lawful purposes.

VI. PROPRIETARY RIGHTS, USE LIMITATION AND PROHIBITED USE

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted by Those Callaways, P.C. © Those Callaways 2002, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on this Site is permitted under any circumstance, unless otherwise expressly agreed to in writing by Those Callaways, P.C. Those Callaways, ThoseCallaways.com and the company’s logo and all related product and service names, designs and slogans are the trademarks of Those Callaways, P.C.

Those Callaways, P.C. grants you a limited nonexclusive license to use the Site for your internal use. Otherwise, you may not store in electronic form, modify, print, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works or compilations from, frame in another web page, use on another website, transfer, sell or resell any Content, information, products or services obtained from this Site, or in any way exploit the Site or any of the Content, in whole or in part, without obtaining permission of Those Callaways, P.C., except as expressly permitted in this Agreement or permitted under copyright law. You may not frame or use framing techniques to enclose portions of the Site without written permission of Those Callaways, P.C.. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping, ” “data scraping,” and “data mining.” If you violate any portion of this Agreement, Those Callaways, P.C. may, in addition to any other legal remedies they may have, automatically terminate your rights, if any, to make continued use of this Site.

VII. LINKS TO AND ADVERTISING BY THIRD PARTY SITES

This Site may contain hyperlinks to other Web sites (“Linked Sites”) operated by parties independent from Those Callaways, P.C.. Such hyperlinks are provided for your reference only. Those Callaways, P.C. does not control such Linked Sites, and are not responsible for their content. The inclusion of hyperlinks to such Linked Sites does not imply any endorsement of the material on such Linked Sites or any association with their content. Your access and use of such Linked Sites, including information, material, products and services therein, shall be solely at your own risk. Furthermore, because the privacy assurance of this Site is applicable only when you are on this Site, once linked to a Linked Site, you should read that Linked Site’s privacy assurance before disclosing any personal information.

The Site may also include information and advertising by industry service providers. By inclusion on the Site, Those Callaways, P.C. is not recommending or endorsing any service provider. All information regarding a specific service provider has been provided by that service provider. Those Callaways, P.C. is not responsible for any action of the service providers. You are responsible for all activities between you and the service provider.

VIII. NO WARRANTIES

ALL SERVICES, INFORMATION, THE SITE AND THE CONTENT ARE DISTRIBUTED AND PROVIDED “AS IS”, “WITH ALL FAULTS”, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THOSE CALLAWAYS, P.C. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF TITLE, HABITABILITY, VALUE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE AND SUCH OTHER INFORMATION THOSE CALLAWAYS, P.C. PROVIDES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights and you may also have other rights, which vary from state to state.

NEITHER THOSE CALLAWAYS, P.C. NOR ITS AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES; NOR DOES THOSE CALLAWAYS, P.C. OR ITS RESPECTIVE AGENT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

Those Callaways, P.C. reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Site at any time for any reason without prior notice or liability. THOSE CALLAWAYS, P.C. may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content without prior notice or liability.

Those Callaways, P.C. does not guarantee continuous, uninterrupted or secure access to this Site or its services, and operation of this Site may be interfered with by numerous factors outside of Those Callaways, P.C.’s and the Brokers’ control.

IX. LIABILITY DISCLAIMER

You use this Site at your own risk. Those Callaways, P.C., including its officers, directors, employees and agents, assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the data, information, properties, services, or other material on this Site. While Those Callaways, P.C. strives to keep the information on this Site accurate, complete, secure, and up-to-date, Those Callaways, P.C. does not guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

IN NO EVENT SHALL THOSE CALLAWAYS, P.C., OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, BUSINESS PARTNERS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY DATA, INFORMATION, PRODUCTS, PROPERTY OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (INCLUDING NEGLIGENCE), EVEN IF THOSE CALLAWAYS, P.C. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN NO EVENT SHALL THE LIABILITY OF THOSE CALLAWAYS, P.C., ITS AFFILIATES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS EXCEED $100.00 DOLLARS, REGARDLESS OF THE CAUSE OF ACTION. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND THOSE CALLAWAYS, P.C. AND THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THOSE CALLAWAYS, P.C., AND ITS AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

X. INDEMNIFICATION AND DISPUTES

You agree to indemnify, defend and hold harmless Those Callaways, P.C., and its officers, directors, employees, agents, business partners, and suppliers (each an “Indemnified Party” and a third party beneficiary of this Agreement) from any and all liability, claims, demands, suits, damages, costs or expenses, including without limitation, reasonable attorney’s fees, loss or damage to property of any person or personal injury or death of any person, incurred by any Indemnified Party, arising out of or incident to or in connection with any use or alleged use of any data, information, product or service available on or in connection with this Site, whether before, during or after your use of this Site. Each Indemnified Party reserves the right, at its own expense, to participate in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with such Indemnified Party in the defense of such claim.

XI. MISCELLANEOUS

This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. Those Callaways, P.C.’s failure to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. Any claim or controversy related to this Agreement or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. You or Those Callaways, P.C. may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of you or Those Callaways, P.C. pending the completion of arbitration. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

If the scope of any provision of this Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provision shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions hereof in any other jurisdiction.

If any party brings legal action to enforce the terms of this Agreement, the successful or prevailing party in such action shall be entitled to recover its reasonable attorneys’ fees in an amount set by the court and not a jury, in addition to all other rights and remedies to which it is entitled.

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