TERMS AND DISCLAIMERS

By accessing this Web site you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaims warranties and liability. These provisions form an essential basis of the agreement between you and Charlie Probert. Read these provisions carefully and print out a copy for your records.

If you are a registrant of invest-santa-fe.flipcomp.com or any subdomains, you also agree to the MLS Terms of Use.

Terms and Conditions for Website Users

1. Cookies

By using the Web site and inputting personal information the user understands that he or she may acquire cookies or other computer files that FlipComp uses to identify users.

We currently collect information such as pages visited, search parameters, and property information to supplement our records and help us learn what pages are most attractive to our customers, which of our features most interest our customers, and what kinds of homes and information our customers like to see.

1.1 Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

1.2 Google DoubleClick for Publishers

Our site uses Google DoubleClick, a web advertising service provided by Google, Inc. ("Google"). We use this technology solely to advertise our services to our customers and do not serve advertisements for 3rd parties. Please review their privacy policy.

2. Information Sharing/Reselling

By using the Web site and inputting personal information the user understands that Charlie Probert 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. Charlie Probert takes 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.

3. Information Aggregation

Charlie Probert is not responsible for any errors in displayed information or delays in displaying information. All information on the Web site is either transmitted to Charlie Probert from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Charlie Probert by sending feedback but it is likely that such information accuracy cannot be corrected by Charlie Probert and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the 3rd party listing agent under our terms with the MLS.

5. Webscraping of Listing & Property Data Is Not Allowed

Crawling the Charlie Probert.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Charlie Probert.

6. Forums

Any opinions, advice, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Charlie Probert. In many instances, the content available through this site represents the opinions and judgments of the respective information providers or users. Charlie Probert does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.

7. Links

Links provided on this Web site are put there for the user's convenience. Links may be directed to third-party content, meaning that Charlie Probert has no control over what is actually posted at the destination sites. Charlie Probert does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that Charlie Probert can review the content and make changes to links where necessary.

8. Registering an Account on Charlie Probert.com

By registering for a Charlie Probert account you are agreeing to the following terms and conditions. Your agreement to these terms does not require you to work with Charlie Probert.

You are entering into a lawful consumer-broker relationship with Charlie Probert as may be defined by New Mexico state law.

Any information you obtain from the Charlie Probert website is intended for your personal, non-commercial use.

You have a bona fide interest in the purchase, sale, or lease of real estate on the Charlie Probert website.

You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.

You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity or the MLSs copyright to such data.

Charlie Probert also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access Charlie Probert's website for the purposes of verifying compliance with MLS rules and monitoring the display of Participants' listings on Charlie Probert's site.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You certify that you will not upload or post inappropriate content such as profanity, obscenity, libelous content, etc.

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). The most common public uses for content today are in the user forums and paired with a public review left by you for a particular agent.

9. Real Estate Services

Charlie Probert Corporation is a local and licensed real estate brokerage company operating in Arizona, California, Colorado, Georgia, Illinois, Maryland, Massachusetts, New York, Nevada, Oregon, Pennsylvania, South Carolina, Texas, Virginia, Washington and Washington DC via phone or email or web form, Web site users may make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making such requests, the Web site user authorizes Charlie Probert to share the user's personal information including their home search history, favorites and saved searches to a real estate professional in order to satisfy the user's request. When Web site users make such requests to Charlie Probert they are extending an express invitation for Charlie Probert, or another appropriate entity or person, to contact the user.

10. Disclaimers and Limitations on Liability

Charlie Probert intends that the information contained in this Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Charlie Probert at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Charlie Probert AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR Charlie Probert'S SERVICES IS AT YOUR OWN RISK. Charlie Probert AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR Charlie Probert'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Charlie Probert AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

10.1 Indemnity

By using this Web site the user agrees to indemnify Charlie Probert and its suppliers and real estate professionals from and against any and all liabilities and expenses and damages arising out of the users use of the Web site. Users may not use this Web site for illegal, harassing, unethical, or disruptive purposes.

10.2 Dispute Resolution Process

Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Charlie Probert, or to any acts or omissions for which you may contend Charlie Probert is 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 Lamy, New Mexico. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Charlie Probert. 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 Lamy, New Mexico. 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 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 Charlie Probert 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 Charlie Probert's 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 Charlie Probert, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Lamy, New Mexico. 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.

11. Equal Housing Opportunity

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Disclaimers: Multiple Listing Services and other Data Providers

Charlie Probert receives the homes for sale from many listing sources. The following disclaimers apply to listings only from that particular data source.

12 NO WARRANTY

ZILLOW PROVIDES THE ZILLOW API, ZILLOW DATA, AND ZILLOW BRAND & LINKS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZILLOW AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ZILLOW AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

13 LIABILITY LIMITATION; EXCLUSIVE REMEDY

IN NO EVENT WILL ZILLOW OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE API TERMS OF USE OR YOUR USE OF ZILLOW API, ZILLOW DATA, OR ZILLOW BRAND & LINKS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ZILLOW OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZILLOW API, ZILLOW DATA, AND ZILLOW BRAND & LINKS.

MLS Disclaimers

Charlie Probert's Days on Charlie Probert value is derived from the date the listing was first displayed on Charlie Probert's site, not from data in the MLS listing. Information from sources deemed reliable but not guaranteed.

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