Terms of Use

1.   For the sake of this document and all references to the phrase “Our Website and Services” as found on this page and all pages found within the domain www.barryupchurchrealty.com, the phrase “Our Website and Services” will always refer to www.barryupchurchrealty.com, powered by Homes.com, including any and all associated pages and services.

2.      Linked Materials and Third-Party Materials. Our Website and Services may include links to third-party products, services and Web sites, as well as materials provided by third parties. Barry Upchurch Realty, LLC does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that Barry Upchurch Realty, LLC has no obligation to, and generally does not, approve or monitor materials provided by third parties through Our Website and Services. Your dealings with any third party arising in connection with Our Website and Services are solely between you and such third party, and Barry Upchurch Realty, LLC takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

3.      Claims of Copyright Infringement. Barry Upchurch Realty, LLC respects the intellectual property rights of others, and asks that everyone using Our Website and Services do the same. Anyone who believes that their work has been reproduced on Our Website and Services in a way that constitutes copyright infringement may notify Barry Upchurch Realty’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

a.       Identification of the copyrighted work that you claim has been infringed;

b.      Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on or within Our Website and Services so that the copyright agent can locate it;

c.       Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and

d.      A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

If relating to content on Barry Upchurch Realty, LLC. Websites, notices of copyright infringement claims should be sent as follows:

By mail:
Barry Upchurch Realty, LLC

173 Long Road, Suite 108

Chesterfield, MO 63005
Attention: Copyright Agent


By e-mail:
copyrightdisputes@upchurchrealty.net


If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

4.      Intellectual Property. Our website is the property of Barry Upchurch Realty, LLC, and subject to the intellectual property rights of Barry Upchurch Realty, LLC and its licensors. You may not use any Barry Upchurch Realty, LLC trademarks as part of your account information or reproduce its likeness for any reason without expressed permissions from Barry Upchurch Realty, LLC. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. 

Barry Upchurch Realty, LLC does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through our website. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.

5.      NO WARRANTY. BARRY UPCHUCH REALTY, LLC PROVIDES OUR WEBSITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARRY UPCHURCH REALTY, LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, OR IMPLIED. BARRY UPCHURCH REALTY, LLC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

6.      LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL BARRY UPCHURCH REALTY, LLC OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST BARRY UPCHURCH REALTY, LLC OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE AND SERVICES.

7.      Changes; Discontinuance. Barry Upchurch Realty, LLC reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Barry Upchurch Realty, LLC's properties. Your continued use of Our Website and Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. Barry Upchurch Realty, LLC may alter, suspend, or discontinue Our Website and Services at any time to you and/or to others, without notice. 

8.      Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Missouri, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in St. Louis County, Missouri for any and all disputes, claims and actions arising from or in connection with Our Website and Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses, except in any case where the prevailing party had not sought the dispute.

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