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Terms of Use

Please Read Carefully Before using GimletRealty.com

Welcome to the GimletRealty.com web site (the "Web Site"). The goals of the Web Site include providing consumers with access to residential and commercial real estate listings, real estate related information, and information about GIMLET REALTY, LLC. ("GIMLET REALTY, LLC") and its global real estate system of independently-owned and -operated affiliates and their network of independent sales professionals. To promote a safe, non-offensive environment for all visitors to the Web Site, we have established these "Terms of Use". By accessing any areas of the Web 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 Web Site. 
 

Privacy

Information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy. 
 

Links

The Web Site contains links to third party web sites and may redirect you to third party web sites ("Third Party Sites"). These include sites of: 

 

  • regional GIMLET REALTY sub-franchisors, many of which are independent of GIMLET REALTY, LLC;

  • independently owned and operated GIMLET REALTY franchise offices;

  • independent GIMLET REALTY sales associates affiliated with GIMLET REALTY franchise offices; and

  • service providers who have a relationship with GIMLET REALTY, LLC, some of whom are permitted to display a GIMLET REALTY logo pursuant to a co-branding agreement.


Third Party Sites are not under the control of GIMLET REALTY, LLC, and GIMLET REALTY, LLC is not responsible for such Third Party Sites, including without limitation the accuracy, sufficiency, correctness, reliability, veracity, completeness, or timeliness thereof, any link contained therein, or any changes or updates thereto. The inclusion or access to Third Party Sites does not imply an endorsement thereof by GIMLET REALTY, LLC, or of the provider of such content or services, or of any third party web site. GIMLET REALTY, LLC reserves the right to terminate any link or linking program at any time. 

GIMLET REALTY, LLC's Terms of Use and Privacy Policy apply only when you are on the Web Site. Different terms, conditions, and privacy policies will apply when you access or use Third Party Sites, so you should read the applicable terms of use and privacy policy before using the site or disclosing any personal information. 
 

Applicable Law

The Web Site is operated by GIMLET REALTY, LLC from its offices in Denver, Arizona, U.S.A. As such, the laws of the State of Arizona, U.S.A., will govern these Terms of Use, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts in Arizona, U.S.A., for any litigation arising out of or relating to the use of the Web Site, waive any objection to the venue of any such litigation in the Arizona courts and agree not to plead or claim in any Arizona court that such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is only authorized in jurisdictions that give effect to all provisions of these Terms of Use. 
 

Limited License

The materials provided through the Web Site including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Web Site, as well as the organization and layout of the Web Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Web Site solely for your personal and non-commercial use, however, any print out of the Web Site, or portions of the Web Site, must include the copyright notice of the owner of such materials. You may not copy reproduce, republish, download, print, upload, post, transmit, distribute and/or exploit the content or information contained on the Web Site for commercial use in any way (including by e-mail or other electronic means) without the prior written request of GIMLET REALTY, LLC. You agree that GIMLET REALTY, LLC may, in its sole discretion and at any time, terminate your access to and use of the Web Site, or any part thereof, with or without notice. 
 

Restrictions

Unless explicitly specified or with separate, written permission from GIMLET REALTY, LLC, you may not and agree that you will not: 

 

  • copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another web site, use on any other web site, transfer or sell any information obtained from this Web Site or any part thereof;

  • use or permit others to use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site;

  • use or permit others to use the Web Site to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site;

  • use or permit others to use the Web Site to violate any applicable local, state, national or international law or regulation;

  • use or permit others to use the Web Site to contact GIMLET REALTY offices or sales associates for purposes other than assisting you with your real estate needs, such as marketing products or services;

  • access or attempt to access password protected, secure or non-public areas of the Web Site; or

  • create links from any web site or web page to any page within the Web Site, and you agree that if GIMLET REALTY, LLC, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.

 

Trademark

The trademarks and service marks used or displayed on the Web Site are trademarks or service marks of GIMLET REALTY, LLC or a third party, which may be registered in the United States or other jurisdictions. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the mark. 
 

Copyright Complaints

It is the policy of GIMLET REALTY 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:


 

By email:

legal@gimletrealty.net


 

By mail:

GR Designated Agent 
GIMLET REALTY, LLC 
18303 North Sterling 
Surprise, AZ 85374



 

For both mail and email notices, please include “Notice of Infringement” in the subject line.


 

Transit

If you post, upload, submit or otherwise transmit any content on or through the Web Site, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. Any submission of such information will be subject to the GimletRealty.com Privacy Policy. 
 

Mapping Technology

The mapping technology utilized on GimletRealty.com and the data, graphics and imaging accessible therein is provided under license from Google, Inc. and/or Microsoft Corporation. Google data, graphics and imaging are subject to Google’s Terms of Use and Google’s Legal Notices. 
 

Disclaimer

THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

GIMLET REALTY, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OPINIONS, ADVICE, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEB SITE. GIMLET REALTY, LLC EXPRESSLY DISCLAIMS 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. 
 

Limitation of Liability

IN NO EVENT SHALL GIMLET REALTY, LLC OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, REGARDLESS OF. 

 

  • THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOST PROFITS OR LOST REVENUE- EVEN IF GIMLET REALTY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES);

  • HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS IN THE CONTENT, BY THE USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF THE WEB SITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE INFORMATION OR SERVICES PROVIDED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE); OR

  • THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).


Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 

If you are dissatisfied with any portion of the Web Site or related services, or with any of these terms of use, your sole and exclusive remedy is to stop using the Web Site and related services. 
 

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD GIMLET REALTY, LLC, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, COURT COSTS OR ARBITRATION COSTS MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE. 
 

Termination

GIMLET REALTY, LLC may terminate your access to and use of the Web Site, or any part thereof, with or without notice. 
 

Updates

GIMLET REALTY, LLC reserves the right to make changes to the Web Site and these Terms of Use. You should visit this page from time to time to review the then-current Terms of Use. If you use this Web Site following any such change, you agree to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to stop using the Web Site and related services. 
 

Interpretation

If any part of these Terms of Use is determined to be invalid or unenforceable, then that part will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. 

Any rights not expressly granted herein are reserved by GIMLET REALTY, LLC.

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