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.