TERMS AND CONDITIONS OF USE
Welcome to the
KYLandSales.com website. These Terms and Conditions of Use constitute an agreement
between you and the Kentucky Land Sales LLC. 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. Kentucky Land Sales LLC 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
The information and services offered on this Site are provided
with the understanding that Kentucky Land Sales LLC 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.
Kentucky Land Sales LLC 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 Kentucky Land Sales LLC strives
to keep the information on this Site accurate, complete and up-to-date, Kentucky
Land Sales LLC cannot guarantee, and will not be responsible for any damage or
loss related to the accuracy, completeness or timeliness of the information.
hope you enjoy using this Site and that you find it to be a helpful tool for buying
and selling homes.
As used in this
Agreement, the following terms have the indicated meanings:
Land Sales LLC" and "KYLandSales.com" means Kentucky Land Sales
LLC, a Kentucky Limited Liability Company, that is made up of a licensed family
of professional REALTORS(r) who put you at the center of your Real Estate transaction.
Site" means the KYLandSales.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.
means you or any other user of this Site.
" Your Information"
means any information that you provide through your use of the Site.
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.
Kentucky Land Sales LLC 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, Kentucky Land Sales LLC, 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 Kentucky Land Sales LLC 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.
MODIFICATION OF THIS AGREEMENT AND THE SITE
Kentucky Land Sales
LLC 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. Kentucky Land Sales LLC 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
agree Your Information will contain true and accurate information and to promptly
notify Kentucky Land Sales LLC 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 Kentucky Land
Sales LLC 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
Kentucky Land Sales LLC 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 Kentucky Land Sales LLC's privacy policies.
V. SECURITY POLICY
Kentucky Land Sales LLC uses industry
standard practices to safeguard the confidentiality of your personal identifiable
information. Kentucky Land Sales LLC 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 any other
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 Kentucky Land Sales LLC (c)
Kentucky Land Sales LLC 2005, 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 Kentucky Land
Sales LLC. Kentucky Land Sales LLC, KYLandSales.com and the company's logo and
all related product and service names, designs and slogans are the copyright and
trademarks of Kentucky Land Sales LLC.
Kentucky Land Sales LLC 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 Kentucky Land Sales LLC, 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 Kentucky Land Sales
LLC. 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, Kentucky Land Sales
LLC may, in addition to any other legal remedies they may have, automatically
terminate your rights, if any, to make continued use of this Site.
LINKS TO AND ADVERTISING BY THIRD PARTY SITES
This Site may contain
hyperlinks to other Web sites ("Linked Sites") operated by parties independent
from Kentucky Land Sales LLC. Such hyperlinks are provided for your reference
only. Kentucky Land Sales LLC 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, Kentucky Land Sales LLC is not recommending or endorsing any service
provider. All information regarding a specific service provider has been provided
by that service provider. Kentucky Land Sales LLC 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
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. KENTUCKY LAND SALES LLC 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 KENTUCKY LAND SALES LLC 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 KENTUCKY LAND SALES LLC 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 KENTUCKY LAND SALES LLC 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.
Kentucky Land Sales LLC 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. KENTUCKY
LAND SALES LLC 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.
Kentucky Land Sales LLC 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 Kentucky Land
Sales LLC's and the Brokers' control.
IX. LIABILITY DISCLAIMER
use this Site at your own risk. Kentucky Land Sales LLC, 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 Kentucky Land Sales LLC strives to keep the information on this Site accurate,
complete, secure, and up-to-date, Kentucky Land Sales LLC 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 KENTUCKY LAND SALES
LLC, 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 KENTUCKY LAND
SALES LLC 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 KENTUCKY LAND SALES LLC, 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 KENTUCKY
LAND SALES LLC 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 KENTUCKY LAND SALES LLC,
AND ITS AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION AND DISPUTES
You agree to indemnify, defend and
hold harmless Kentucky Land Sales LLC, 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.
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 Commonwealth of
Kentucky, without giving effect to any principles of conflicts of law. Kentucky
Land Sales LLC'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 Danville,
Kentucky, and judgment on the arbitration award may be entered in any court having
jurisdiction thereof. You or Kentucky Land Sales LLC may seek any interim or preliminary
relief from a court of competent jurisdiction in Danville, Kentucky necessary
to protect the rights or property of you or Kentucky Land Sales LLC 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.
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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