Terms of Service and Conditions of Use
The elainahowsthemarket.com or elainamorgan.com website (the “Site”) is provided by Elaina Morgan, Realtor for American Way (sometimes referred to herein as “we”, "us" or "our") for your convenience and general informational purposes only. All access to and use of the website, including any use or reliance on the information on the website, is provided subject to these Website Terms and Conditions of Use (the “terms”) and by accessing the website or using the information, you agree to be bound by these terms.
By accessing this web site, elainahowsthemarket.com, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
The American Way®, American Way® Logo, american-way.com, and American Way Real Estate Co.® are trademarks, service marks, membership marks, and/or logos of the American Way Real Estate Co.®. All American Way Real Estate Co. trademarks, service marks, membership marks, and logos appearing on this Website are the property of American Way Real Estate Co. and all rights in those trademarks, service marks, membership marks and logos are reserved. Members of American Way Real Estate Co. using any of the membership marks are bound by and should refer to the rules and regulations governing use of those marks to ensure proper usage. Elaina Morgan's use of American Way Real Estate Co.'s trademarks, service marks, membership marks and logos is pursuant to a license from American Way Real Estate Co.
The REALTOR®, REALTORS®, REALTOR-ASSOCIATE®, REALTOR® Block "R" Logo, REALTOR.com, REALTOR.org and .REALTOR are trademarks, service marks, membership marks, and/or logos of the NATIONAL ASSOCIATION OF REALTORS® ("NAR"). All NAR trademarks, service marks, membership marks, and logos appearing on this Website are the property of NAR and all rights in those trademarks, service marks, membership marks and logos are reserved. Members of NAR using any of the membership marks are bound by and should refer to the rules and regulations governing use of those marks to ensure proper usage. Elaina Morgan's use of NAR's trademarks, service marks, membership marks and logos is pursuant to a license from NAR.
The information contained in this website may include, but is not necessarily limited to: information, pricing or images about land, houses or other items, and links to informational articles (the "content”) and is compiled from miscellaneous sources. Under no circumstances should the information contained herein be relied upon by any person in making a decision to purchase any of the described properties. Prospective purchasers should verify all information in regard to the property by their own independent investigation if important to them, including room sizes, square footage, lot size, property boundaries, age of structures, school district, flood insurance, zoning, restrictions and easements, fixtures or personal property excluded, and availability of water and sewer prior to submitting an offer to purchase the property. The content is provided for your personal use only. You may not download any copies of the materials (information or software) on Elaina Morgan's web site for personal or professional, non-commercial or commercial reasons. You may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Budget Sales Inc.'s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Elaina Morgan at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Elaina Morgan's web site are provided "as is". Elaina Morgan makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Elaina Morgan does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
When you use the website, any information that you submit will be transmitted via the internet and such transmission is beyond our control. We do not assume any liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this website. We do not assume any liability for loss or damage to your computer systems or networks as a result of your use of this website. Although Elaina Morgan has implemented security procedures designed to protect your data privacy, there may be occasions when the website is down for service or otherwise, or when security may be breached by a third party and you agree to use this website “as is”. We reserve the right to monitor the website to make sure the data we have collected remains secure, to delete spam, to identify and report attempted security breaches.
In no event shall Elaina Morgan or its subsidiaries, affiliates, officers, directors, employees, agents or representatives be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Elaina Morgan's Internet site, the content, or any other information or material on the website or suffered or incurred as a result of faults, interruptions, or delays in the use of the website, or out of any inaccuracies, errors, or omissions in the content, or any other information or materials on the website, regardless of how such faults, interruptions, delays, inaccuracies, errors, or omissions arise, even if Elaina Morgan or an authorized representative of Elaina Morgan has been notified orally or in writing of the possibility of such damage. Without limiting the foregoing, in no event will Elaina Morgan be liable for any losses or damages, in the aggregate, in excess of the amount you have paid to Elaina Morgan, if any, for access to the website in the twelve months immediately preceding the event giving rise to the loss or damage. If you are dissatisfied with any content, or any other materials or information provided on this website or with the use of this website, your sole and exclusive remedy is to discontinue using the website.
Revisions and Errata
The materials appearing on Elaina Morgan's web site could include technical, typographical, or photographic errors. Elaina Morgan does not warrant that any of the materials on its web site are accurate, complete, or current. Any reliance you place on such information is strictly at your own risk. We may make changes to the materials contained on the web site at any time without notice. Elaina Morgan does not, however, make any commitment to update the materials.
Elaina Morgan has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Elaina Morgan of the site or endorse the views expressed within them. Use of any such linked web site is at the user's own risk. We have no control over the nature, content and availability of those sites. All use of the linked websites is subject to the terms and conditions of the linked websites.
Indemnification and Your Liability
If you cause a technical disruption of the website, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees and costs of enforcement) arising from or related to that disruption. You agree to indemnify, defend, and hold harmless Elaina Morgan from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your use or misuse of any portion of the website and/or the content, or your violation of these terms.
You agree to use this website only for lawful purposes and you further agree not to transmit through the website any material which violates or infringes in any way upon the rights of others; which is obscene, threatening, abusive, defamatory, vulgar, pornographic, profane, indecent, invasive of privacy or publicity rights, or which is otherwise objectionable; or which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law. Elaina Morgan may prohibit or enjoin any conduct or use of this website that restricts or prevents other subscribers from using the website or that otherwise violates our terms and conditions, and we have the right to deny access to any subscriber for any reason at any time. Notwithstanding the above, we have no obligation to monitor the use of the website, but we reserve the right to do so.
When using the website or any of the content, you must comply with all federal and state laws, privileges, rules and regulations.
Elaina Morgan has adopted the following general policy toward copyright and intellectual property infringement in accordance with United States intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Elaina Morgan will respond to notices of this form from any jurisdiction. The address of Elaina Morgan's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is:
- Elaina Morgan
- ATTN: Privacy Officer
- 1930 E. Spring St.
- Cookeville, TN 38506
If you believe that material residing on or accessible through the Elaina Morgan web site or service infringes a copyright or other intellectual property right, to provide us of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above. Please specify the type of infringement at issue and the notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
- Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
- Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Elaina Morgan is capable of finding and verifying its existence;
- Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Elaina Morgan on the owner's behalf, the address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
Once proper Bona Fide Infringement Notification is received by the Designated Agent, Elaina Morgan will investigate the allegations in the notice, and if appropriate, may remove or disable access to the material infringing upon the intellectual property.
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Elaina Morgan
Any claim relating to Elaina Morgan's web site shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions.