Disclaimer:© 2013 BCA, LLC This information has been obtained from sources believed reliable. We have not verified it and make no guarantee, warranty or representation about it. Any projections, opinions, assumptions or estimates used are for example only and do not represent the current or future performance of the property. You and your advisors should conduct a careful, independent investigation of the property to determine to your satisfaction the suitability of the property for your needs.
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You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the site; (c) send chain letters or pyramid schemes via the site; or (d) attempt to gain unauthorized access to other computer systems through the site. You agree that you will not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site.
4.1 As between you and BCA, you acknowledge that BCA owns or has a license to all title and copyrights in and to the content provided on this site. All title and intellectual property rights in and to any licensed content provided on this site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
4.2 Photos herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited.
The following are registered trademarks or trademarks of BCA: BCA and its design logo, as well as certain other BCA trademarks, service marks, graphics, and logos (collectively, the “BCA trademarks”) used in connection with BCA’s provision of products and services. The site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the BCA trademarks or the trademarks of any third party.
If you submit to us or post on the site any property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
This agreement will remain effective until terminated by you or terminated by us.
9.1 The site (including all of its content) is provided to you “as is.” Any use of this site is at your own risk. To the maximum extent permitted by applicable law, BCA disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. BCA makes no representations, warranties or guarantees that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and BCA disclaims any liability relating thereto.
9.2 BCA makes no representations, warranties or guarantees that use or results of the use of the site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, BCA may modify, suspend, or discontinue any aspect or feature of this site or your use of this site. If BCA elects to modify, suspend, or discontinue the site, it will not be liable to you or any third party.
9.3 All property listing information contained within this site is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this site are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this site and any contemplated transaction concerning any property listed on this site.
9.4 You acknowledge that your submission of any information to us is at your own risk. BCA does not assume any liability to you with regard to any loss or liability relating to such information in any way.
9.5 Some of the content, products, and services available through the BCA site may include materials that belong to third parties. You acknowledge that BCA assumes no responsibility for such content, products or services.
In no event will BCA be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if BCA has been advised of the possibility of such damages. No oral or written information or advice given by BCA or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
You will indemnify and hold BCA, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the site.
12.1 You will be responsible for providing the dial-up, dsl, cable modem or other form of internet access and any other hardware and software necessary to access and use the site.
12.2 BCA complies with all applicable laws, including, but not limited to, privacy laws and individual state laws with respect to the sale or lease of real property. You agree that you will comply with all such laws applicable to you.
12.3 BCA or its business partners may present advertisements or promotional materials on or through the site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that BCA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the site.
12.4 If you know of, or suspect, copyright infringement, please send a notice to Berkeley Capital Advisors CA; c/o Web Marketing Director; 831 E. Morehead Street, Suite 360, Charlotte, NC 28210. The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.
12.5 This agreement will be governed by the laws of the state of California. The exclusive jurisdiction for any claim, action or dispute with BCA or relating in any way to your use of the site will be in the state and federal courts of the state of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the county of Los Angeles, California.
12.6 BCA may send notices to you with respect to your use of the site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
12.7 General contact information. For questions regarding this site or your use of this site, please email us at firstname.lastname@example.org, or call +1 704-379-1980.
You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.