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1. Acceptance of Agreement.
The content, organization, graphics, design,compilation, magnetic translation, digital conversion and other matters relatedto the Site are protected under applicable copyrights, trademarks and otherproprietary (including but not limited to intellectual property) rights. Thecopying, redistribution, use or publication by you of any such matters or any partof the Site, except as allowed by Section 4 below, is strictly prohibited. Youdo not acquire ownership rights to any content, document or other materialsviewed through the Site. The posting of information or materials on the Sitedoes not constitute a waiver of any right in such information andmaterials. Some of the content on thesite is the copyrighted work of third parties.
3. Service Marks.
Barker & Hedges, Barker & Hedges Team, www.barkerhedges.com, Homes ofMinnesota, Homes of Minnesota Team and others are our service marks orregistered service marks or trademarks. Other product and company names mentioned on the Site may be trademarksof their respective owners.
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5. Restrictions and Prohibitions on Use.
6. Forms, Agreements & Documents
We may make available through the Site certain property listinginformation, buyer and seller information, market statistics, and otherinformation (collectively, "Documents"). All Documents are provided for your personal use and we do not guaranteethe accuracy of the information provided.
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18. Use of Information.
19. Third-Party Services.
We may allow access to or advertise certainthird-party product or service providers ("Merchants") from which youmay purchase certain goods or services. You understand that we do not operateor control the products or services offered by Merchants. Merchants areresponsible for all aspects of order processing, fulfillment, billing andcustomer service. We are not a party to the transactions entered into betweenyou and Merchants. You agree that use of or purchase from such Merchants is ATYOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIEDOR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITYOR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGESARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATIONAPPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
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You represent and warrant that if you arepurchasing something from us or from Merchants that (i) any credit informationyou supply is true and complete, (ii) charges incurred by you will be honoredby your credit card company, and (iii) you will pay the charges incurred by youat the posted prices, including any applicable taxes.
23. Securities Laws.
The Site may include statements concerning ouroperations, prospects, strategies, financial condition, future economicperformance and demand for our products or services, as well as our intentions,plans and objectives (particularly with respect to product and serviceofferings), that are forward-looking statements. These statements are basedupon a number of assumptions and estimates which are subject to significantuncertainties, many of which are beyond our control. When used on our Site,words like "anticipates," "expects," "believes,""estimates," "seeks," "plans," "intends,""will" and similar expressions are intended to identifyforward-looking statements designed to fall within securities law safe harborsfor forward-looking statements. The Site and the information contained hereindoes not constitute an offer or a solicitation of an offer for sale of anysecurities. None of the information contained herein is intended to be, andshall not be deemed to be, incorporated into any of our securities-relatedfilings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. Weare not responsible for the content, accuracy or opinions express in such Websites, and such Web sites are not investigated, monitored or checked foraccuracy or completeness by us. Inclusion of any linked Web site on our Sitedoes not imply approval or endorsement of the linked Web site by us. If you decideto leave our Site and access these third-party sites, you do so at your ownrisk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others,and we ask you to do the same. If you believe that your work has been copied ina way that constitutes copyright infringement, please provide our CopyrightAgent the following information:
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b. Adescription of the copyrighted work that you claim has been infringed;
c. Adescription of where the material that you claim is infringing is located onthe Site;
d. Youraddress, telephone number, and email address;
e. Astatement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; and
f. Astatement by you, made under penalty of perjury, that the above information inyour Notice is accurate and that you are the copyright owner or authorized toact on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Sitecan be reached by directing an e-mail to the Copyright Agent at email@example.com
26. Information and Press Releases.
The Site contains information and press releasesabout us. We disclaim any duty or obligation to update this information or anypress releases. Information about companies other than ours contained in thepress release or otherwise, should not be relied upon as being provided or endorsedby us.
27. Legal Compliance.
You agree to comply with all applicable domestic and internationallaws, statutes, ordinances and regulations regarding your use of the Site andthe Content and Materials provided therein.
This Agreement shall be treated as though itwere executed and performed in Minneapolis, MN, and shall be governed by andconstrued in accordance with the laws of the State of Minnesota (without regardto conflict of law principles). Any cause of action by you with respect to theSite must be instituted within one (1) year after the cause of action arose orbe forever waived and barred. All actions shall be subject to the limitationsset forth in Section 16 and Section 17. The language in this Agreement shall beinterpreted as to its fair meaning and not strictly for or against any party.This Agreement and all incorporated agreements and your information may beautomatically assigned by us in our sole discretion to a third party in theevent of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, thatportion shall be construed consistent with applicable law and the remainingportions shall remain in full force and effect. To the extent that anything inor associated with the Site is in conflict or inconsistent with this Agreement,this Agreement shall take precedence. Our failure to enforce any provision ofthis Agreement shall not be deemed a waiver of such provision nor of the rightto enforce such provision. Our rightsunder this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relatingto this Agreement or our services, excluding legal action taken by us tocollect or recover damages for, or obtain any injunction relating to, Siteoperations, intellectual property, and our services, shall be settled solely bybinding arbitration in accordance with the commercial arbitration rules of theAmerican Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individualbasis, and shall not be consolidated in any arbitration with any claim orcontroversy of any other party. Thearbitration shall be conducted in Minneapolis, MN, and judgment on thearbitration award may be entered into any court having jurisdictionthereof. Either you or us may seek anyinterim or preliminary relief from a court of competent jurisdiction in Minneapolis,MN necessary to protect the rights or property of you and us pending thecompletion of arbitration. Each partyshall bear one-half of the arbitration fees and costs incurred through AAA.