 | Terms & Conditions1. Overview and Legal Compliance1.1 Leon and Tina Robbins and their affiliate, Robbins Realty ("We," "Us" or "Our") created this Privacy Policy and Terms and Conditions of Use Agreement (the "Terms of Use") to demonstrate Our commitment to protecting the privacy of visitors to Our home page located at www.leonandtina.com (the "Web Site"). 1.2 The following agreement describes the terms on which We permit use of the Web Site. These Terms of Use govern all use of the Web Site and apply to all Internet traffic visiting the Web Site (called "Users" or "You"). Before using the Web Site, please read all of these Terms of Use carefully as Your use of the Web Site constitutes Your acceptance of these Terms of Use. If You do not agree to these terms, You may not use the Web Site. 1.3 We may amend these Terms of Use at any time. Except as stated below, all amended terms are effective automatically when they are posted on the Web Site. You should check the Web Site frequently for changes to these Terms of Use. These Terms of Use may not be amended in any other way except in writing signed by You and Us. 1.4 This policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond Our control. You agree not to use the Web Site in any manner contrary to applicable law or government regulation. 1.5 You agree not to transmit or post on the Web Site anything i. under a false name; ii. unlawful, libelous, defamatory, threatening, abusive, harassing, or otherwise objectionable information including without limitation, anything constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise under any applicable law; iii. that discloses another person's private or personal matters or which would violate a person's rights of privacy or publicity; iv. that contains a virus, worm, Trojan horse or any other contaminating or destructive features; or v. that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or proprietary information, or use trademarks or service marks in an infringing fashion. 2. Unauthorized Use of the Site 2.1 Illegal and/or unauthorized used of the Web Site, including but not limited to, unauthorized framing of or linking to the Web Site, or any part of the Web Site, or unauthorized use of any devise or program on the Web Site, will be investigated and We will take appropriate legal action, including but not limited to, civil, criminal, and/or injunctive redress. 3. Permitted Use of the Site 3.1 You agree that You are only authorized to visit, view and to retain a copy of pages of this Site for Your own personal use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than Your personal use, unless otherwise specifically authorized by Us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by US to do so. The content and software on this Site is the property of Leon and Tina Robbins and/or its suppliers and is protected by state, federal, and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove these notices and credits, or any additional information contained along with notices and credits. 4. Privacy Policy 4.1 You may be required to provide Us with certain information when using the Web Site. You agree that the information You provide will be true and accurate. You consent to Our verifying any information that You provide. We may disclose Your personally identifiable information (1) to comply with the law, government orders, court orders, or legal process served on Us; (2) to protect and defend Our property, rights or Users. Please see attached Appendix A: Privacy Policy. 5.Security 5.1 We are concerned with the security of Your Information. We use our best commercially reasonable efforts to safeguard the confidentiality of you Information, using devices like firewalls and Secure Socket Layers. Unfortunately, no data transmission over the Internet is guaranteed to be 100% secure. As a result, We cannot ensure the security of any Information You transmit to Us or receive from Our online products or services. Accordingly, You transmit and receive Information at Your own risk. 6. Surveys 6.1 We may survey Users for contact information, unique identifiers and demographic information. You are never required to answer these questions. The information You submit may be used for analyzing overall site demographics, preferences and tastes, and similar "getting to know Our customers" purposes. We may disclose this data to third parties in an aggregated form (such as summary reports for our advertisers) but never with User data or identification information. 7. Outside Links 7.1 While on the Web Site, You may be led to other web sites. Be aware that other sites may collect data and personal information and operate according to their own privacy practices. Please remember that once you are outside of Our Web Site, any information You submit is outside of Our control. 8. Disclosure 8.1 To provide You the best products and services, We team with business partners. When You indicate that You want to receive a product or service, or contact a person or organization, We share the data needed for You to receive that product or service or make that contact. Occasionally, We hire consultants who may need access to Our member database to perform their services for Us. We require that these business partners agree in writing not to use any member information. We may contract with outside companies to administer our mailing lists or provide retail services. Your personal information may be shared with an outside company for the sole purpose of administering the products, services and programs you have selected. 9. Copyright Information 9.1 All content appearing on this Web Site is the copyrighted property of Leon and Tina Robbins unless otherwise noted. Reproduction or storage of materials retrieved from this Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. You may not use, distribute, reproduce, publish, transmit, transfer, sell, create derivative works from, or in any way exploit the content, except for personal, noncommercial use, provided that You maintain all copyright and other notices contained in the content. 10. Trademarks/Service Mark Information 10.1 Leon and Tina Robbins, and Robbins Realty, are trademarks and/or service marks of Leon and Tina Robbins. Any other trademarks or service marks appearing on this Web Site are the property of their respective owners. 11. No Agency 11.1 You and Leon and Tina Robbins are Independent Contractors and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms of Use. 12. Disclaimer 12.1 THE WEB SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING THE QUALITY, PERFORMANCE, OR FUNCTIONALITY OF THE WEB SITE OR REGARDING THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE WEB SITE OR THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. LEON AND TINA ROBBINS MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. LEON AND TINA ROBBINS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MECHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, LEON AND TINA ROBBINS' LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 13. Liability Limit 13.1 UNDER NO CIRCUMSTANCES WILL LEON AND TINA ROBBINS BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT LEON AND TINA ROBBINS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. LEON AND TINA ROBBINS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OR SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY AND IN NO EVENT SHALL LEON AND TINA ROBBINS' LIABILITY TO YOU EXCEED THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO LEON AND TINA ROBBINS DURING THE NINETY (90) DAYS IMMEDIATELY PRIOR TO DAMAGE OR (ii) ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR LEON AND TINA ROBBINS MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, LEON AND TINA ROBBINS' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 14. Indemnity 14.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD LEON AND TINA ROBBINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, LICENSEES, AFFILIATES, DISTRIBUTORS, RESELLERS AND MARKETING REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS (COLLECTIVELY, THE "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS OF USE OR USE BY YOU OF THE WEB SITE, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM LEON AND TINA ROBBINS' OWN NEGLIGENCE. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY. 15. Notices 15.1 Except as explicitly stated otherwise, (i) all notices to Leon and Tina Robbins shall be made by postal mail to Leon and Tina Robbins, Address 2960 Shallowford Road, Suite 102, Marietta, GA 30066, Attn: Leon and Tina and (ii) all notices to You shall be made by postings to Our Web Site. Alternatively, we may give you notice by sending an email to the email address You provided us when registering. In the case of email, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 3 days after the date of mailing. 16. Entire Agreement 16.1 These Terms of Use constitute the sole agreement between Leon and Tina Robbins and You regarding the subject matter contained herein and fully supercede any and all other understandings or agreements, whether oral or written. You acknowledge and agree that You have read and understand these Terms of Use and agree to be bound by them. 17.Force Majeure 17.1 Leon and Tina Robbins will not be liable in any amount for failure to perform, or delay in performing, any obligations, hereunder if such delay or failure is caused by any events beyond Our control including, without limitation, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosions, embargo, or any other Act of God, unavailability, errors or other failures on the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays. 18. Legal Actions 18.1 These Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. The application of the United States Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms of Use and your use of the Web Site and/or the services provided thereby shall be the state and federal courts located within the State of Illinois and you consent to such jurisdiction and waive all objections to such jurisdiction and venue. 19. Severability 19.1 If any provision of these Terms of Use as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable. 20.No Waiver 20.1 Any failure of Leon and Tina Robbins to enforce any provision of these Terms of Use shall not be construed a waiver of any rights under such provision or any other provision of the Terms of Use. Leon and Tina Robbins may only make such waiver by an express writing. 21.No Assignment 21.1 Any rights or obligations granted to You hereunder may not be assigned or transferred to any other person or entity. 22. 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." Appendix A: Privacy Policy: This statement discloses our privacy practices. The purpose of this statement is to inform you: What kinds of information we collect from users of the Leon and Tina Robbins web site at ( “Web Site”) and how such information is collected; How the information is used by us: Whether we disclose any user information to third parties; How you can access, update or delete any information that we collect about you; and The security procedures which we use to protect your personal information By using the Web Site, you signify your assent to this Privacy Policy. We reserve the Right to change, modify, add, or remove portions of your Privacy Policy at any time. If so, any such changes will be posted on this page. Please check this page periodical for changes. Your continued use of this Web Site following the posting of changes to this Privacy Policy will mean you accept those changes IP Address - An IP or "Internet Protocol" address is a number that is automatically assigned to Your computer whenever You're surfing the Internet. Web servers automatically identify Your computer by its IP address. Your IP address and other site usage data are used to gather broad demographic information. This data helps Us serve You by allowing Us to understand how visitors use our Web Sites. We normally do not link IP addresses to anything personally identifiable, which means that a Customer's session will be logged, but the Customer remains anonymous to Us. We can and will use IP addresses to identify a Customer when We feel it is necessary to enforce compliance with Our Terms of Use or to protect Our service, Web Site, customers or others. Cookies - Our sites use a technology called "cookies," small files stored by Your browser to help keep track of Your user profile. Our cookies do not collect personally identifiable information, nor do We share them with anyone. We use cookies to remember Your personal profile for Your convenience, to deliver content specific to Your needs and interests, and to ensure You do not see the same ad repeatedly. We also use cookies to track User trends and improve areas of Our Web Sites that Our Users find valuable. The use of cookies is an industry standard found at most major web sites. Registration - Some of Our Web Sites include registration forms that require Users to give Us contact information (like Your name), unique identifiers (like Your email address), and demographic information (like Your Zip code or age). We use contact information from registration forms to send You information related to Our products and services if You consent to receiving such mailings. Your contact information may also be used to contact You when necessary for administrative purposes related to Your account. We use Your email as a unique identifier in our record system, to verify communications from You, and to send You newsletters and promotion offerings that You ask to receive or to tell You about changes to the Web Site.  |
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