Last Modified: January 11, 2021
Welcome to Gadberry. This page describes the terms and conditions that govern your use of gadberrygroup.com website (the “Site”). Please see our Privacy Notice for information on our data collection practices.
3. The Site and its content
The layout, formatting, and features of and access privileges for the Site shall be as determined or specified by us in our sole discretion. We shall also have the sole right to modify, upgrade, and change the Site. We will not be liable if for any reason all or any part of the Site or its content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, in our sole discretion. RE/MAX may terminate your access to and use of the Site, or any part of the Site, for any reason, with or without notice.
5. Third Party Services
6. License Grant and Restrictions
7. User Obligations
You agree to abide by all applicable local, state, national, and international laws and regulations regarding your use of the Site. By accessing or using the Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater). You also acknowledge and agree that use of the internet and the Site is solely at your own risk.
8. Intellectual Property Rights
The Site and their features and functionality (including but not limited to all software, displays, capabilities, and the design, selection, and arrangement thereof) are owned by Gadberry, its licensors, or other providers of such features and functionality and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Gadberry’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gadberry or its affiliates or licensors, which may be registered in the United States or other jurisdictions. You must not use such marks without the prior written permission of Gadberry.
10. Copyright Complaints
It is the policy of Gadberry to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing our DMCA Designated Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further information):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be sent to our DMCA Designated Agent either by email or regular mail, at the following addresses:
DMCA Designated Agent
5075 South Syracuse Street
Denver, CO 80237
For both mail and email notices, please include “Notice of Infringement” in the subject line.
11. Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and any laws relating to the protection of personal data of individuals).
- To impersonate or attempt to impersonate any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To infringe upon the rights of others or to engage in activity that violates the privacy rights of others.
- To remove or modify any copyright or other intellectual property notices that appear in the Site.
- To upload invalid data, worms, viruses, or other software agent to the Site.
- To use any software that intercepts, “mines,” or otherwise collects information through or from the Site.
- To access or use the Site to develop competitive products or services.
- To create links from any website or webpage to any page within the Site, and you agree that if Gadberry, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Site, you will promptly do so.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Gadberry or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Circumvent any restrictions on access to or availability of the Site.
- Engage in activity that is harmful to you, the Site, or others.
- Infringe upon the rights of others.
- Engage in activity that violates the privacy of others.
- Help others break these rules.
- Otherwise attempt to interfere with the proper working of the Site.
12. Disclaimer of Warranties
YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GADBERRY NOR ANY PERSON ASSOCIATED WITH GADBERRY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER GADBERRY NOR ANYONE ASSOCIATED WITH GADBERRY REPRESENTS OR WARRANTS THAT THE SITE WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW, GADBERRY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. GADBERRY ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GADBERRY, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, SERVICE PROVIDERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SITE TO THE SITE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Governing Law
16. Arbitration and Waiver of Class Arbitration
The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
17. Waiver and Severability
If you provide input or suggestions regarding the Site, including related to RE/MAX (collectively the “Feedback”), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to use the Feedback for any purpose and in any manner we, in our sole discretion, deems proper.
19. Entire Agreement
20. International Use
The Site is intended for users located within the United States. Company makes no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
21. Contact Information
The Site is operated by RE/MAX, LLC at 5075 South Syracuse Street; Denver, CO 80237.
If you have any feedback, comments, requests for technical support, and other communications relating to the Site, please email us at: ProductSupport@remax.com.
Any rights not expressly granted herein are reserved by Gadberry Group, LLC and RE/MAX, LLC.