Terms and Conditions of Use and Privacy
Policy
Last Updated: July 2006
Feel free to browse the Site, but please read these terms
and conditions before doing so.
The Smith Patton Group("Owner", "TSPG")
maintains this site ("the Site") for your personal
entertainment, information, education and communication. This
Site contains many of the valuable trademarks, names, titles,
logos, images, designs, copyrights and other proprietary materials
owned and registered by The Smith Patton Group and other companies
and used worldwide (the "Trademarks").
Your access to and use of the Site is subject to the following
terms and conditions ("Terms and Conditions"). TSPG
may revise these Terms and Conditions at any time by updating
this posting. You are bound by any such revisions and should
therefore periodically visit this page to review the then current
Terms and Conditions to which you are bound.
By accessing and browsing the Site, you signify
your acceptance of these Terms and Conditions without limitation
or qualification. If you do not agree to these Terms and Conditions,
then please do not use the Site.
The information at this site is provided solely
for informational purposes and does not constitute an offer
to sell, rent, or advertise real estate outside the state in
which the owner of the site is licensed. TSPG is not making
any warranties or representations concerning any of these properties
including their availability. Information at this site is deemed
reliable but not guaranteed and should be independently verified.
NOTE THAT ANY AND ALL OFFERINGS ARE SUBJECT
TO ERRORS, OMISSIONS, PRIOR SALES OR WITHDRAWL WITHOUT NOTICE.
ALL COMMISSIONS NEGOTIABLE.
Terms and Conditions
1. You should assume that all materials, designs, text and images
(collectively, the "Materials") contained in the Site
are either the copyrighted property of TSPG, unless otherwise
noted, or are the copyrighted property of third parties. TSPG
neither warrants nor represents that your use of Materials displayed
on the Site will not infringe rights of third parties not owned
by or affiliated with TSPG.
2. You may download one single hard copy of Materials displayed
on the Site for non-commercial, personal use only, provided
however, you do not delete or change the copyright, trademark
and other proprietary notices contained on the Materials. You
may not modify, alter or change any Materials or distribute,
publish, transmit, reuse, re-post or use the content of the
Site for public or commercial purposes, including, without limitation,
the text, images, audio and video.
3. Unauthorized use of the Materials is strictly prohibited
and is a violation of the rights of TSPG and/or third parties,
including, without limitation, under copyright laws, trademark
laws, the laws of privacy and publicity.
4. While TSPG uses reasonable efforts to include accurate and
up to date information in the Site, TSPG makes no warranties
or representations as to the accuracy, correctness, reliability
or otherwise with respect to such information, and assumes no
liability or responsibility for any omissions or errors (including,
without limitation, typographical errors and technical errors)
in the content of the Site.
5. Use of and browsing in the Site is done at user's own risk.
Neither TSPG nor any other party involved in creating, producing
or delivering the Site shall be liable for any direct, incidental,
consequential, indirect or punitive damages arising out of your
access to, or use of, or browsing the Site, or downloading of
any materials, data, text, images, video or audio from the Site,
including, without limitation, damage to, or viruses that may
infect, your computer equipment or other property as a result
thereof. Without limiting the foregoing, everything on the Site
is provided to you "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some
jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you. Check
your local laws for any restrictions or limitations regarding
the exclusion of implied warranties.
6. From time to time, TSPG may ask that you transmit to the
Site by electronic mail your feedback on TSPG's services. Any
communication or material you transmit or post will be (a) treated
as non-confidential and non-proprietary by TSPG, (b) become
the property of TSPG and TSPG shall exclusively now and hereinafter
own all rights, title and interest therein, and (c) used without
restriction by TSPG at her sole discretion without any obligation,
compensation or other liability to you. Such use may be for
any purpose whatsoever, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast and posting
whole or in part, in any medium and in any manner on this Site
or otherwise. However, TSPG shall be under no obligation to
respond to any such communication.
7. The Trademarks displayed on the Site are registered and unregistered
Trademarks of TSPG. Nothing contained on the Site should be
construed as granting, by implication, estoppel or otherwise,
any license or right to use any Trademark displayed on the Site,
or any license or right to use any other trademark owned by
any other third party.
8. This Site may link to other sites not maintained by or related
to TSPG. Such hyperlinks are provided as a service to users
and are not sponsored by, endorsed or otherwise affiliated with
this Site or with the products and services of TSPG. TSPG has
not reviewed all of the sites linked to the Site and is not
responsible for the content of any off-site pages or links to
any other sites. Viewing all other sites is at your own risk.
9. In the event that TSPG may, from time to time, allow for
discussions, chats, postings, transmissions, bulletin board
and the like on the Site, TSPG is under no obligation to monitor
or review such transmitted information and assumes no responsibility
or liability arising from the content of any such locations
nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger or inaccuracy of any
such information. You are prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic or profane material or any material
that could constitute or encourage conduct that would be considered
a criminal offense, give rise to civil liability or otherwise
violate any law. TSPG will fully cooperate with any law enforcement
authorities or court order requesting or directing TSPG to disclose
the identity of anyone posting any such information or materials.
10. TSPG maintains and operates this Site from its offices in
the state of California, United States. These Terms and Conditions
are governed and interpreted under the laws of the state of
California, United States of America. If any portion of these
Terms and Conditions is deemed unlawful, void or unenforceable,
then that part shall be deemed severable and will not effect
the validity and enforceability of any remaining provisions.
11. TSPG has contracted with MSN Internet Services. (“MSN”)
to monitor certain pages of our Web site for the purpose of
reporting web traffic, statistics, advertisement 'click-throughs',
and/or other activities on our site. Where authorized by us,
MSN may use cookies, Web beacons, and/or other monitoring technologies
to compile anonymous statistics on our Web site visitors. No
personally identifiable data is collected by or transferred
to MSN.
12. These Terms and Conditions set forth the entire understanding
and agreement between you and TSPG with respect to the Site.
You acknowledge that any other agreements between you and TSPG
with respect to the Site are superseded and of no force or effect.
Privacy Policy-
Last Updated: March 2006
The Smith Patton Group (“TSPG”) respects the privacy
rights of our customers and visitors and recognizes the importance
of protecting the information collected about you. We have adopted
a detailed Privacy Policy that monitors how we collect, store
and use the information you provide online.
TSPG adheres to the Safe Harbor Principles that were established
by the U.S. Department of Commerce in consultation with the
European Commission to comply with the European Commission’s
Directive on Data Protection that went into effect in October,
1998.
If you have any questions, complaints, or comments regarding
our privacy statement or policies, please contact us at Compliance@SmithPatton.com.
What We May Send You~
We understand what it is like to do business on the internet
and we continually strive to make your experience with TSPG
as simple and straight-forward as possible.
Promotional Emails: We will not send you promotional emails
unless you specifically request them. You can choose to receive,
or not receive, promotional emails. To opt out simply click
the link at the bottom of the email and follow instructions.
TSPG reserves the right to remove your email address, with
or without reason, at any time from our mailing lists.
What We May Collect From You~
Personal Information Defined: Personal information is information
that identifies you and may be used to contact you on-line or
off-line. TSPG collects personal information from our online
visitors during (1) e-newsletter registration, property valuation
requests, and/or during customer support or technical service
requests, (2) contests (registration or claiming a prize), and
(3) marketing surveys and email campaigns.
Personal Information Collected: Information collected will
vary depending upon the activity and may include your name,
e-mail address, phone number, mobile number, home address, birth
date. In addition, we may collect demographic information such
as gender, zip code, information about your computer, hardware,
software, platform, media, Internet IP address and connection,
and information about online activity such as feature usage.
We may combine demographic information with personal information.
Prize winners may also be required to provide Social Security
or Social Identification Number for tax purposes.
We respect your privacy. Your personal and customer information
is kept strictly confidential. It will never be sold, given
away, or otherwise shared with anyone, unless we are required
to do so by law. Whatever the purpose may be, we will only collect
information to the extent reasonably necessary to fulfill your
requests and our legitimate business objectives provided however,
that in the event of a merger, acquisition, or the unlikely
event of bankruptcy, management of TSPG’s customer information
may be transferred to its successor or assign.
Safeguarding Your Personal Information~
We maintain appropriate safeguards to ensure the security, integrity,
accuracy and privacy of the information you provide to us.
What about Cookies and Other Technologies?
Cookies: We may use cookies and other technologies to passively
collect demographic information, personalize your experience
on our site and monitor advertisements and other activities.
Cookies are small files downloaded to your computer to track
movements within web sites. Cookies can be used to keep track
of your shopping cart and ensure you don't see the same ad repeatedly.
Also, we use cookies to deliver content specific to your interest
and for other purposes. For example, the Site may use “cookies”
or other methods to monitor website usage. We may link cookie
information to personal information.
Other Technologies: Other technologies used include clear GIFs
and IP address logging. Clear GIFs (a.k.a. web bugs, beacons
or tags) are small graphic images placed on a web page, web-based
document, or in an e-mail message. Clear GIFs are invisible
to the user because they are typically very small (only 1-by-1
pixel) and the same color as the background of the web page,
document or e-mail message. We do not use clear GIFs to collect
personal information about you. However, we may use clear GIFs
capture statistical usage information for our web pages, features
or other elements on a web page. We may correlate this information
to a user to personalize user experience and for statistical
analysis of user experiences on our web pages.
ACKNOWLEDGEMENT
By using this site, you signify your agreement to the TSPG’s
Privacy Policy and Terms and Conditions of Service (collectively
“Agreements”). If you do not agree to any of these
Agreements, please do not use the TSPG Site or Service. We reserve
the right to make changes in these Agreements at any time. Please
check the Agreements each time you use our web site to ensure
you are aware of any changes. Our Agreements indicate the date
they were last updated. Your continued use of the Site and Service
will signify your acceptance of the changes to any and all Agreements.
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