Windermere Blog Guidelines and Terms of Use

Please review the following guidelines and terms of use (”Guidelines and Terms of Use”).  The Windermere Blog (the “Site”) is owned and controlled by Windermerte Real Estate Services Company, a Washington corporation doing business as Windermere Services Company (WSC).  By using the Windermere Blog, you agree that the following constitute a binding agreement between you and WSC governing your use of the Site.  If you use the Site or submit comments, you agree to be bound by these Guidelines and Terms of Use, which are subject to change at any time without notice.

Articles and Comments

The Windermere Blog is a moderated discussion forum.  Only authorized authors may post articles to the Site.  Any user may submit comments in response to an article, but all comments are subject to review and approval by the site administrators before they will appear on the Site.  Comments may be rejected in the sole discretion of the author and/or Site administrators without notice.  Comments, if approved, will be posted as submitted.

Windermere does not control the content posted by approved authors, nor does it guarantee the accuracy or quality of their content.  You, as a user of the Site, understand that by browsing the Site you will be reading content that may be objectionable to you. Under no circumstances will WSC be liable in any way for any article or comment, including, but not limited to, any errors or omissions or any loss or damage of any kind incurred as a result of the use of any content posted on the Site.

By using this Site or posting comments you agree to comply with all applicable laws. You are entirely responsible and liable for any content you post or any content that is posted through your account. WSC reserves the right to remove any article or comment without notice in its sole discretion. WSC reserves the right to modify any and all parts of the Site without notice even though such changes may affect the way you use the Site. You agree that WSC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or its contents.

Content Posting Guidelines

You agree not to use Site to: (A) publish content that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, invasive of another’s privacy, or expresses bias based upon religion, national origin, gender, disability, age, marital status, sexual orientation, or any other protected class.; (B) misrepresent your identity; (C) post any content that infringes any trademark, patent, trade secret, copyright or other proprietary right of another party; (D) include any information about an individual other than yourself; (E) post any material that contains software viruses or any other damaging computer programs; or (F) delete or alter any material posted by another user. The information you submit to the Site shall not: (A) violate any law, statute, ordinance or regulation; (B) be fraudulent or involve the sale of illegal items; (C) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (D) be false, inaccurate or misleading; (E) contain any software viruses or any other damaging computer programs; (F) discriminate on the grounds of race, religion, national origin, gender, disability, age, marital status, or sexual orientation; or (G) refer to matters prohibited by law. If you fail to comply with these Content Posting Guidelines, including without limitation infringing another’s copyright, WSC may remove your content without notice. In the event you fail to comply with these Content Posting Guidelines, including without limitation infringing another’s copyright on more than one occasion, WSC may suspend or terminate your use of the Site. WSC reserves the right to refuse to provide services for any reason and with no warning.

Fair Housing

All real estate advertising is subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, which prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). WSC will not knowingly permit the posting of any content on the Site which is in violation of any applicable fair housing law.

Permission to Use

By submitting content for posting on the Site, you grant WSC a world-wide, royalty-free, non-exclusive, perpetual, irrevocable and fully sub-licensable license to use, distribute, publish, reproduce, modify, adapt, translate, publicly perform and publicly display (in whole or in part) all graphics, photographs, audio recordings, video recordings, or other content you post on, or link to from the Site, along with the right to incorporate any such content into other works in any format or medium now known or later developed.

Use of Material Published by WSC

Except for material in the public domain, the content on this Site is protected by intellectual property laws, including U.S. copyright laws. All content is copyrighted by the author and/or by WSC. All content of this site and its feeds are for personal non-commercial use and not for further dissemination in any medium.

Links

WSC has no control over and is not responsible for the content in linked sites and makes no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation, or endorsement and you access them at your own risk.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. WSC SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THIS SITE. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. NEITHER WSC NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS WEBSITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. If you are dissatisfied with the site, or any aspect thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.

Modifications/Termination

The terms of the Guidelines and Terms of Use will not be modified on an individual basis. You agree that WSC may modify the Guidelines and Terms of Use (or discontinue this website) in its sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then-current version of the Guidelines and Terms of Use. You should therefore visit this page frequently.

Indemnity

You agree to indemnify and hold harmless WSC, its affiliated companies, employees, and agents from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the website, any content you submit to the Site for publication, the violation of these terms by you, or the infringement by you, or others using your computer to access this website, of any intellectual property or other right of any person or entity. WSC reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Jurisdiction

WSC’s website is hosted on servers located in the United States of America and is intended to be viewed by residents of the United States only. In the event of any dispute arising out of or relating to this website, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Seattle, Washington. You also agree that regardless of any statute or law to the contrary, any lawsuit asserting claims or causes of action arising out of or related to use of this Site or these Guidelines and Terms of Use must be filed and served within one (1) year after such claim or cause of action accrues or be forever barred.

Severance and Waiver

You, the user, acknowledge and agree that if any provision of the Guidelines and Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Guidelines and Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that WSC may fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of information or materials in WSC’s possession. Furthermore, if any provision of the Guidelines and Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the invalid provision. WSC’s failure to exercise or enforce any right or provision of the Guidelines and Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WSC.

Violations and Misuse

Please report any violations of the Guidelines and Terms of Use or misuse of the system to violations@windermere.com.

Last revised April 19, 2010.