Terms of Use
Last Updated: February 1, 2019
www.fullerre.com (the “Site”) is owned by Fuller Real Estate. (“Fuller”). Your use of the Site, as well as any information distributed in conjunction with the Site, is offered by Fuller subject to your acceptance of these Terms of Use, the Privacy Policy and other notices posted on the Site. Your use of the Site indicates your acknowledgment and agreement to these Terms of Use, the Privacy Policy and other notices, guidelines and policies (the “Fuller Policies”) posted on the Site. By accessing the site, you desire to use the site and, as such, you hereby agree to be bound by all terms and conditions of these terms of use, the privacy policy and all fuller policies that are incorporated herein by reference. If you do not agree to be bound by, and to comply with, all of the foregoing, you may not access or use the Site.
Fuller Real Estate reserves the right to change any of the terms and conditions contained in these Terms of Use and the Fuller Policies at any time and in its sole discretion. Your continued use of the site following any such change made by Fuller will constitute your acceptance of the change. if you do not agree to any such change, you must discontinue use of and access to the site.
1. Ownership
The Site, as well as all materials posted to the Site by Fuller Real Estate including, but not limited to, information, data, photographs, graphics, messages, audio, images, software, text, video clips and other materials (the “Fuller Content”), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You may not use the Fuller Content except as specified herein, and you agree to follow all instructions on the Site limiting the way you may use the Fuller Content as well as all non-Fuller Content. There are a number of proprietary logos, service marks, and trademarks found on the Site. By making them available on the Site, Fuller is not granting you any license to use those proprietary logos, service marks, or trademarks. Any unauthorized use of the Fuller Content including, without limitation, all Fuller Content, may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
2. Your Rights and Obligations
You will not (a) violate any laws, third party rights or Fuller Real Estate Policies; (b) use the Site to distribute viruses or any other technologies that may harm the Site, Fuller, or the interests or property of Fuller or other users of the Site; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on or with the Site; (d) bypass measures used by Fuller to prevent or restrict access to the Site; (e) post any content to the Site that infringes any third party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); or (f) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (including, without limitation, the Fuller Content) from the Site without Fuller’s prior express written permission.
3. Third Party Sites
The Site may contain links to third party Internet sites on the World Wide Web (each a “Third Party Site”). Fuller Real Estate provides such links for your convenience only, and is not responsible for the content of any Third Party Site linked to or from the Site. The existence of any links from the Site to any Third Party Site does not mean that Fuller approves of, endorses, or recommends such Third Party Site(s). Fuller disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any Third Party Site.
4. Fuller Real Estate Reservation of Rights
Fuller Real Estate reserves the right to determine the Site Content, appearance, design, functionality and all other aspects of the Site (as well as the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and any element, aspect, portion or feature thereof, from time to time). Fuller reserves the right to report any activity that Fuller suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Fuller Real Estate’s systems and customers, or to ensure the integrity and operation of Fuller Real Estate’s business and systems, Fuller may access and disclose any information it considers necessary or appropriate including, but not limited to, your contact details, IP addressing and traffic information, usage history, and posted content. Fuller reserves the right, but is not obligated, to monitor any activity and content associated with the Site and investigate as Fuller deems appropriate.
5. Privacy
Read the Privacy Policy governing the Site. The terms of the Privacy Policy are incorporated into these Terms of Use by this reference and may be changed by Fuller Real Estate at any time and from time to time in the future. You should check the Privacy Policy frequently for changes. Fuller Real Estate and its affiliates may communicate with you in connection with the Site, electronically and in other media, and you consent to such communications regardless of any “Communication Preferences” (or similar preferences or requests) you may have indicated on the Site or by any other means.
6. No Warranties
The site is provided on an “as is” basis, and Fuller makes no representations or warranties of any kind, express or implied including, without limitation: (a) the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) that the site will meet your requirements, will be available, accessible, uninterrupted, timely, secure, or operate without error; and (c) any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of Fuller. To the full extent permissible under applicable law, Fuller Real Estate disclaims any and all such warranties. Fuller does not have any obligation to verify the identity of the persons accessing and using the site, nor does it have any obligation to monitor the use of the site by other users.
7. Limitation of Liability
You use the site at your own risk. Fuller Real Estate will not be liable for any damages of any kind including, without limitation, direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with these terms of use, the site, the content, the inability to use the site, or any damages resulting from your use of the site. Regardless of the previous two sentences, if Fuller is found to be liable, Fuller’s liability to you or to any third party will not, under any circumstance, exceed $250.
8. Applicable Law
These Terms of Use shall be governed in all respects by the laws of the State of Colorado as they apply to agreements entered into and to be performed entirely within the State of Colorado between residents of the State of Colorado, without regard to conflict of law provisions. You agree that any claim or dispute that you may have against Fuller Real Estate must be resolved exclusively by a state or federal courts located in the State of Colorado. You agree to submit to the personal jurisdiction of the courts located within the State of Colorado for the purpose of litigating all such claims or disputes.
9. General Provisions
Entire Agreement; Headings: These Terms of Use, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy, constitutes the entire agreement between you and Fuller Real Estate with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings between you and Fuller in connection with the subject matter hereof. Headings used in the sections or subsections of these Terms of Use are not intended to be a substantive part of these Terms of Use and shall not be used to construe or interpret the provisions hereof.
No Agency; No Third-Party Beneficiaries: Fuller Real Estate is not your agent, fiduciary, trustee, or other form of representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or shall be construed to give to any person other than you and Fuller any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and Fuller. No third party beneficiaries are intended to be created by these Terms of Use.
Severability: If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Waiver: Neither you nor Fuller Real Estate will be considered to have waived any rights or remedies described in these Terms of Use unless the waiver is in writing and signed by the party against which the waiver is being enforced. No delay or omission by you or Fuller in exercising any rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Fuller’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of Fuller’s right to subsequently enforce such provision or any other provisions of these Terms of Use.
Further Questions: If you have any questions or comments about our Legal Notice, please contact us at info@fullerre.com.