Terms of Use

Thank you for visiting the Realty Executives of Cape County ("Realty Executives") website (the "Site").

These Terms of Use ("Terms") govern how you may access and use the Site and your responsibilities when doing so. Realty Executives' Privacy Policy explains how Realty Executives may use any personal information shared by you. By accessing www.capeareahomes.com, you agree to these Terms and Realty Executives' Privacy Policy, so please take a moment to carefully review these documents. If you are accessing this Site on behalf of an organization, then you agree to these Terms and the Privacy Policy on behalf of that organization. If you do not agree to these Terms, you may not use this Site.

Other sections of the Site may have additional rules and regulations that are specific to that particular section and will be accessible to you in such sections.

Modifications

Realty Executives may modify these Terms from time to time. Any modifications to the Terms will be effective once posted to the Site on the new Effective Date set forth at the end of this document. If you access or use the Site after the Terms have been modified, your continued access and use will constitute acceptance of all modifications.

Realty Executives' Content and Intellectual Property

Any information or content shared on the Site is for informational purposes only and does not constitute legal or professional advice. Please consult with an appropriate professional for any professional advice you need; for example, legal, tax, or accounting advice.

Realty Executives, its partners, or the members of Mid-America Regional Information Systems (MARIS) MLS participating in its Internet Data Exchange ("IDX") agreement created the text, images, video, graphics, content, and materials ("Materials") available through the Site. All Materials are protected by all applicable copyright and trademark laws. Realty Executives or the party credited owns the Materials, and all rights in the Materials are expressly reserved.

Private Access

Some portions of the Site may only be accessed by licensees, partners, or affiliates of Realty Executives.

Emails

You may have the opportunity to provide your email address to Realty Executives; for example, by registering for an account on the Site. If you share your email address with Realty Executives through the Site, Realty Executives may send you emails to you about a variety of subjects, such as updates to the Site or real estate information, newsletters, events and programs. By providing your email address to Realty Executives, you consent to receiving these emails from Realty Executives. You will have the option of unsubscribing from Realty Executives' email list(s) through a link included in such emails.

Third-Party Links

This Site includes links to websites that are not owned or operated by Realty Executives. These links are provided as a convenience and do not constitute Realty Executives' endorsement of the linked website or its owner. Please be aware when you leave the Site because Realty Executives' Terms and Privacy Policy will no longer apply to your activities. Third-party websites will likely have their own terms of use and privacy policy, which Realty Executives has no control over.

Third-Party Advertisers and Vendors

Third-party vendors may advertise, offer products or services for sale, or host promotions on the Site. If you choose to purchase any product or service or enter any promotion, the terms of that purchase or promotion are between you and the third-party vendor. Realty Executives does not make any representation or warranty about third-party products, services, or promotions available through the Site. Realty Executives disclaims all liability for any losses or damages stemming from any purchase or promotion offered by a third-party vendor.

SITE PROVIDED "AS IS"

Realty Executives hopes your visit to the Site is informative and entertaining; however, there are certain things that Realty Executives cannot guarantee. THIS SITE IS PROVIDED BY REALTY EXECUTIVES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. REALTY EXECUTIVES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION, OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REALTY EXECUTIVES DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY, AND ACCURACY.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REALTY EXECUTIVES, ITS OWNERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES. REALTY EXECUTIVES SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES; DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT REALTY EXECUTIVES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

You may stop using the Site at any time. Realty Executives may suspend or terminate the Site at any time in Realty Executives sole discretion and without notice. Realty Executives may also terminate, limit, or suspend your access to the Site for any reason at any time and without notice. For example, Realty Executives may terminate your access to this Site if you are not complying with these Terms or if Realty Executives determines that you are a repeat infringer of third-party intellectual property rights.

Digital Millennium Copyright Act ("DMCA")

Realty Executives respects the intellectual property rights of others and expects you to do the same. Per the DMCA, Realty Executives will respond expeditiously to claims of copyright infringement on the Site if submitted to Realty Executives' Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Realty Executives will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.

If you believe that your intellectual property rights have been violated by Realty Executives or by a third party who has uploaded materials to the Site, please provide the following information to Realty Executives' designated Copyright Agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. An address, telephone number, and email address where Realty Executives can contact you and, if different, an email address where the alleged infringing party, if not Realty Executives, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
  6. Your electronic or physical signature.

Realty Executives may request additional information before removing any allegedly infringing material. In the event Realty Executives removes the allegedly infringing materials, Realty Executives will immediately notify the person or entity responsible for posting such materials that Realty Executives removed or disabled access to the materials. Realty Executives may also provide the responsible person with your e-mail address so that the person may respond to your allegations.

Realty Executives reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact Realty Executives' Copyright Agent. Please include sufficient information to assist Realty Executives in determining that the user repeatedly engaged in infringing activity.

Realty Executives' designated Copyright Agent is:

Chris W. Cole, Esq.
Realty Executives of Cape County
2511 Independence, Ste. 100
Cape Girardeau, Missouri 63703
United States
573-335-8111
chriscole@realtyexecutives.com

International Visitors

Realty Executives International's broker network extends worldwide, and Realty Executives of Cape County welcomes visitors to the Site from across the world. Realty Executives' operations are, however, located in the state of Missouri and its policies and procedures based on Missouri law. If you are located outside of the state of Missouri and United States, you consent to the transfer, storage, and processing of your information, such as registration information or email addresses, in the United States and specifically in the State of Missouri. Additionally, if you are accessing the Site from a country embargoed by the United States, you agree to not engage in any commercial activities, including financial transactions, using or through the Site.

Governing Law

These Terms are governed by the laws of the State of Missouri, without reference to conflicts of laws. Regardless of your location, any disputes that arise under these Terms will be litigated before a court in Cape Girardeau County, Missouri.

Entire Agreement

These Terms constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. These Terms create no third party beneficiary rights.

Miscellaneous

Realty Executives' or your failure to exercise any right provided for in these Terms shall not constitute a waiver of any rights under these Terms. If any provision of these Terms is found to be unenforceable, such unenforceability will not affect the validity of the remaining provisions. You may not assign any of your rights under these Terms. Realty Executives may assign its rights under these Terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms.

Effective Date

The Terms are effective as of August 17, 2016.