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With
us it is all about " You "and the pleasure is ours.
Terms
of Use
Please
Read Carefully Before Using This Web Site.
Welcome
to Elk-River-MN-Real-Estate.Com's
web site. We are an agency of Link Real Esate Servics Ltd, 9174
Merrimac Lane N, Maple Grove MN 55311.
The
goals of this web site include providing consumers with access to
information about our unique and limited services, as well as various
real estate related issues that we think may be of interest to you.
To insure a safe, non-offensive environment for all visitors to
this web site, we have established these "Terms of Use."
By accessing any areas of our site, you agree to be bound by the
terms and conditions set forth below. If you do not agree to all
of the Terms of Use, please do not use this site. This Agreement
contains an agreement to arbitrate all claims and disclaims warranties
and liability. These provisions form an essential basis of our bargain.
Read these provisions carefully and print out a copy for your records.
By
using the Web site and inputting personal information the user understands
that we (hereinafter "we", "us" or "our"
shall mean Elk-River-MN-Real-Estate.Com's)
will use such information for internal purposes and with your permission
or upon your request may also provide that information to affiliated
companies or persons. We take care to see that user information
is not transmitted to unauthorized persons or the general public
but is not liable for such information transmission due to theft,
hacking or software errors. We are not responsible for any errors
in displayed information or delays in displaying information.
For
your convenience, we may provide links to various other web sites
that may be of interest to you. However, we do not control such
web sites and is not responsible for their content nor is it responsible
for the accuracy or reliability of any information, data, opinions,
advice, or statements contained within such web sites. Furthermore,
our privacy policy is applicable only when you are on our web site.
Once you link to another web site, you should read that site's privacy
policy before disclosing any personal information. If you decide
to access any of the third party sites linked to this web site,
you do so at your own risk. We reserve the right to terminate any
link or linking program at any time.
THE
MATERIALS CONTAINED IN THIS WEB SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS
AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY
OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER
ITEMS CONTAINED WITHIN THESE MATERIALS. WE MAY MAKE CHANGES TO THIS
WEB SITE AT ANY TIME WITHOUT NOTICE. WHILE WE STRIVE TO KEEP THE
INFORMATION ON THIS SITE ACCURATE AND CURRENT, WE CANNOT GUARANTEE
THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. INFORMATION
WITHIN THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR
IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THIS WEB SITE,
AT ANY TIME, WITHOUT NOTICE.
IN
NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT
OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, INCLUDING BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH
DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Any
claim or controversy arising out of or relating to the use of this
Web site, to the goods or services provided by us, or to any acts
or omissions for which you may contend we are liable, including
but not limited to any claim or controversy as to arbitrability
("Dispute"), shall be finally, and exclusively, settled
by arbitration. The arbitration shall be held before one arbitrator
under the commercial arbitration rules of the American Arbitration
Association ("AAA") in force at that time. The arbitration
shall be venued in Minneapolis, Minnesota. The arbitrator shall
be selected pursuant to the AAA rules or from a list of arbitrators
provided by us. Filing and other non-award costs will be paid for,
in equal shares, by both parties except that the fee to the arbitrator
will be paid by the non-prevailing party. To begin the arbitration
process, a party must make a written demand. Should any State or
Federal law conflict with the above rules for resolving disputes
or the AAA rules, such conflicting rules shall be severed from the
enforceable rules and the enforceable rules shall survive and control
the dispute resolution process. Any gaps left in the process due
to severed rules shall be resolved at the discretion of the selected
arbitrator.
Any
judgment upon the award rendered by the arbitrators may be entered
in any court of competent jurisdiction in Minneapolis, Minnesota.
The arbitrators shall not have the power to award damages in connection
with any Dispute in excess of actual compensatory damages and shall
not multiply actual damages or award consequential, punitive or
exemplary damages, and each party irrevocably waives any claim thereto.
The agreement to arbitrate shall not be construed as an agreement
to the joinder or consolidation of an arbitration under this agreement
with an arbitration of disputes or claims of any non-party, regardless
of the nature of the issues or disputes involved.
THIS
AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE
RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO
GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR
RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL
BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You
are entitled to a fair hearing, but the arbitration procedures are
simpler and more limited than rules applicable in court. Arbitrator
decisions are enforceable as any court order and are subject to
very limited review by a court. By using our goods and services
you consent to these restrictions.
Should
a dispute arise and should the arbitration provisions herein become
inapplicable or unenforceable, or in any instance of any lawsuit
between you and us, the parties agree that jurisdiction over and
venue of any suit shall be exclusively in the state and federal
courts sitting in Minneapolis, Minnesota. If either party employs
attorneys to enforce any right in connection with any Dispute or
lawsuit the prevailing party shall be entitled to recover reasonable
attorneys' fees.
Nothing
on this website should be construed as rendering tax, legal, investment
or accounting advice. ESPECIALLY BECAUSE OF THE UNIQUE AND LIMITED
SERVICES RENDERED BY US, WE ENCOURAGE YOU TO SEEK INDEPENDENT ADVICE
BEFORE YOU MAKE ANY DECISIONS.
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