BY ACCESSING THIS SITE, YOU AGREE TO THE TERMS
OF THE FOLLOWING TERMS AND CONDITIONS OF SITE USE AGREEMENT (AGREEMENT)
TERMS AND CONDITIONS
OF SITE USE AGREEMENT ("Agreement")
The following terms and conditions govern use of this Site:
1. Definitions.
"Foundation Realty" shall refer to Foundation Realty,
LLC, its employees, officers, directors, and all other persons
or entities responsible for creating, maintaining,
and publishing this Site. "Content" shall mean all information
or images contained on the Site, including but not limited to,
trademarks, copyrights, advertisements, data, text, graphics,
photos, software and video. "Site" shall mean the Internet
site located at the URL address http://www.foundationrealty.org.
"User" shall mean any person or entity that accesses
or uses the Site in any manner.
2. Limited License
for Personal and Non-Commercial Use Only; Printing of Site Content.
The Content of this Site is copyrighted by Foundation Realty or
other persons and entities that provide information to the Site.
Users of this Site are granted a limited nonexclusive license
to use the Site and its Content for personal and non-commercial
use only. Users may print or copy Content from this Site that
is copyrighted or owned by Foundation Realty provided that such
copies are not modified or revised in any manner and include proper
notices indicating that the Content is copyrighted or owned by
Foundation Realty. (such as "Copyright © 2005 Foundation
Realty"). In addition, any content which comes from pages
of this Site that contain disclaimers must be printed or copied
with the disclaimer included in its entirety. In the event a User
wishes to print Content from this Site, or other sites linked
to from this Site, that is copyrighted or owned by a person or
entity other than Foundation Realty, the User must obtain permission
from the appropriate owner to do so. Except as permitted in this
Agreement, Content may not be reproduced, sold, transferred, modified,
redistributed, retransmitted, published, or exploited for any
purpose without the express written permission of Foundation Realty
or appropriate owner of the information.
3. Linking to and
Framing this Site. Users who create links to any
page of the Site may not "frame" any page of the Site
for any purpose without the express written consent of Foundation
Realty.
4. Links to Third
Party Sites; Accuracy of Content on Linked Sites.
Links to other sites operated by independent, third parties exist
on this Site. While Foundation Realty provides these links as
a service to Users, Foundation Realty does not control these linked
sites and Foundation Realty is not responsible for the content
contained on these sites. This includes the Keller Williams Realty® website (http://www.kw.com/kw), with whom we are affiliated. Unless otherwise indicated, Foundation
Realty does not endorse, approve, or otherwise warrant the accuracy
of any information or content contained on a linked site. User
agrees that the sites, including information, material, products
and services therein, shall be used solely at the User's own risk.
Furthermore, because Foundation Realty's privacy policy is applicable
only when you are on our Web site, once linked to another Web
site, you should read that site's privacy policy before disclosing
any personal information. If you are unsure if have moved to another
site, check the Uniform Resource Locator (URL) address provided
in your WWW browser.
5. Modification of
Terms And Conditions Of Site Use Agreement. Foundation
Realty reserves the right, in its sole discretion, to modify or
revise this Agreement at any time without giving notice. The modifications
shall be effective immediately upon posting of the modified Agreement.
Accordingly, User agrees to review the Agreement periodically,
and User's continued access or use of Site shall be deemed User's
acceptance of the modified Agreement.
6. DISCLAIMER REGARDING
WARRANTIES: THIS SITE AND THE INFORMATION, SOFTWARE
AND OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE FROM THIS SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FOUNDATION REALTY DOES NOT WARRANT THAT THE SITE SERVICE WILL
BE UNINTERRUPTED OR ERROR FREE, THAT ANY INFORMATION, SOFTWARE
OR OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS
WILL BE CORRECTED. UNDER NO CIRCUMSTANCES SHALL FOUNDATION REALTY
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE
OF OR INABILITY TO USE THE WEB SITE OR YOUR RELIANCE ON OR USE
OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED. EXCEPTION: IF
FOR ANY REASON THE LAW DOES NOT ALLOW FOUNDATION REALTY TO LIMIT
OR EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES,
IT IS AGREED BY THE USER AND FOUNDATION REALTY THAT FOUNDATION
REALTY'S LIABILITY TO THE USER FOR ALL LOSSES, DAMAGES, INJURIES,
AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER
THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE
OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER
LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT THE USER PAID
TO ACCESS THE SITE. FOUNDATION REALTY DOES NOT GUARANTEE ACCESS
TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE.
7. Property Information,
Open Houses and Availability. Information regarding
properties offered for sale by Foundation Realty is subject to
error, omissions, prior sale or other changes without notice.
Unless otherwise indicated, any such information will be only
a reporting of information which has been provided to Foundation
Realty by the seller or some other third party. Users of this
site should independently confirm any specific information which
would be significant in a decision to purchase a property such
as total square footage, room sizes or any other dimensions of
importance. Users of this site also understand and agree that
properties may be subject to change, price adjustment or prior
sale. Open House information, including dates and times of Open
Houses, are considered accurate only as of the time of posting
to the Foundation Realty site. Actual times may vary and open
houses may be subject to cancellation due to prior sale, scheduling
or other conflicts.
8. Vendors.
Foundation Realty does not endorse any particular Vendor listed
on its website, nor can Foundation Realty guarantee the quality
or timeliness of Vendor’s work. Vendors have paid an advertising
fee only to appear on the website. User assumes all responsibility
for hiring and paying Vendor and for ensuring user’s satisfaction
with work performed. As always, user should obtain a paid receipt
and/or lien waiver from Vendor upon payment for services rendered.
9. Suspension or
Termination of Access. Foundation Realty reserves
the right, in its sole discretion, to suspend or terminate a User's
access to the Site for any reason, including but not limited to,
a User's breach of this Agreement.
10. Indemnification.
User agrees to defend, indemnify and hold harmless Foundation
Realty from any and all liabilities, losses, claims, costs, and
expenses including, but not limited to, reasonable attorney's
fees, related to the User's violation of any term of this Agreement
or alleged illegal use of this Site.
13. Reservation of
Rights. All rights not expressly granted or addressed
herein are reserved by Foundation Realty.
14. Choice of Law;
Jurisdiction and Venue. This Agreement and the
resolution of any dispute related to this Agreement or the Site
shall be governed by and interpreted according to the laws of
the State of Wisconsin (without applying any applicable conflict-of-law
principles). Foundation Realty'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. In the event a dispute
arises between User and Foundation Realty from this Agreement
or use of the Site, such dispute shall be brought exclusively
in a federal or state court of competent jurisdiction sitting
in the Western District of Wisconsin (federal court) or Dane County,
Wisconsin (state court).
15. Users Consent
To Be Legally Bound To Agreement. In consideration
of being allowed to use the Site, you agree to be bound by the
terms and conditions of this Agreement. Use of the Site in any
manner shall constitute your acceptance of this Agreement and
your assent to be legally bound by this Agreement. If you do not
agree to be legally bound by all the terms and conditions of this
Agreement, you are strictly prohibited from accessing and/or using
this Site in any manner.
16. Severability.
If any provision of this Agreement is determined to be unlawful,
void or unenforceable, it will not affect the validity and enforceability
of any remaining provisions.