1. Introduction
Welcome to the Knieper Realty Inc. website:
http://www.waterfrontlivingtexas.com.
Knieper Realty Inc. services
are provided to you subject to these terms and conditions. This
document is a contractual agreement (“Agreement”) between
Knieper Realty Inc. and each person who visits this website
and/or submits information over this website. The Agreement contains
three parts: (i) the Website User Agreement, (ii) an Acceptable
Use Policy (“AUP”); and (iii) a Privacy Policy. As a
condition for accessing the Knieper Realty Inc. website and/or
requesting, subscribing to, or otherwise using Knieper Realty Inc.
products or services, each Knieper Realty Inc. website
visitor must agree to the terms of the entire Agreement. By accessing
or using this Website, or by requesting, subscribing to or otherwise
using Knieper Realty Inc. products or services, you agree
to be bound by the terms and conditions of each of the three parts
of this Agreement, including the Website User Agreement, the Acceptable
Use Policy (“AUP”); and the Privacy Policy. The following
terms and conditions of this Agreement may be updated or otherwise
changed from time to time. Knieper Realty Inc. may modify
this Agreement at any time without prior notice to you. Such modification
shall be effective immediately upon the first of the following events
to occur: (1) posting of the modified Agreement to the website,
or (2) upon otherwise notifying you of the modified Agreement. You
agree to periodically review the terms and conditions set forth
in this Agreement to ensure that you are aware of any modifications.
You can review the most current version of this Agreement by visiting:
http://www.waterfrontlivingtexas.com.
2. Definitions
“Agreement” means the terms and conditions and other
statements set forth in this document, whether located on the same
or different web pages.
“The Knieper Team at Knieper Realty Inc.”
means Knieper Realty, Inc.
and includes its parents, affiliates, subsidiaries, officers, directors,
employees, agents, representatives, successors, and assigns.
“Knieper Realty Inc. Website” means the website
located at
http://www.waterfrontlivingtexas.com
or any other domain
name or other address at which this website may be accessed.
“Subscriber” or “user” or “you”
or "your" refers to any and all individuals, companies,
organizations, and other entities who access or use this website
in any way imaginable, whether through existing technology or through
technology not heretofore manufactured or discovered, or who request,
subscribe to, access, or otherwise use the services and products
offered by Knieper Realty Inc.
3. Security & Privacy Tips on the Internet
Click
(
here
for the Knieper Realty Inc. Privacy Policy.)
Computer security and privacy are complex issues. It is important
to understand these points:
You should guard your password. Your password is the ultimate key
to all of the information in your account, including your email
and any other information you have provided to us.
Any communication you make to Knieper Realty Inc. over the
Internet, whether sent via e-mail or via a form on the Knieper Realty Inc.
Website, should be regarded as an insecure communication,
unless we explicitly state on an appropriate web page that you can
expect the communication to be secure or encrypted.
4. Refusal & Termination of Service
Knieper Realty Inc. reserves the right to terminate or refuse
service to anyone, at any time, for any reason, without prior notice,
including, without limitation, for violating any provision of this
Agreement.
6. License
Knieper Realty Inc. grants, subject to the terms of this Agreement,
a limited, non-transferable and non-exclusive license to use the
software and documentation necessary to access, explore and otherwise
use the Knieper Realty Inc. Website in real time and to use
the materials in the Knieper Realty Inc. Website in a manner
consistent with Paragraph 7 (Intellectual Property Rights) below.
7. Intellectual Property Rights
Knieper Realty Inc. respects the intellectual property rights
of others. Unauthorized duplication of any content downloaded from
the Knieper Realty Inc. Website, although convenient, is a
violation of copyright law and international treaties.
A. Copyrights
Knieper Realty Inc. owns the copyright in the content of this
site, including, without limitation, all text, graphics, logos,
buttons, icons, images, software, HTML, object code, source code,
and other code, video material, audio material, multimedia material,
artwork, photographs, and other content (“Knieper Realty Inc.
Copyright Material”). The Knieper Realty Inc.
Copyright Material is protected by state, U.S. federal, and international
copyright laws. You may display and download portions of the Lake
Granbury Real Estate Website solely for your own personal, non-commercial
use. You agree not to change or delete any proprietary notices from
materials downloaded from the Knieper Realty Inc. Website.
All other uses, including, without limitation, the reproduction,
copying, modification, distribution, sale, lease, transmission,
republication, performance, or display, or any commercial use of
the content on this site are strictly prohibited by law.
B. Trademarks
Knieper Realty Inc. and The Knieper Team Real Estate design,
images, and graphics are trademarks, trade names, or service marks
of Knieper Realty Inc. The Knieper Realty Inc. word
marks, design, graphics, trademarks, trade names, and service marks
may not be used in any manner by any person, organization, or entity,
or in connection with any product or service, without the express
written authorization of an officer or director of Knieper Realty Inc.
All other trademarks, service marks, and trade names
are the property of their respective owners and are used on this
site by virtue of a right or license from their respective owners.
C. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. § 512, claims of copyright infringement
must be submitted to the following designated agent for Knieper Realty Inc.:
Knieper Realty Inc.
Attention: Executive Office
3316 East Highway 377
Granbury, TX 76049
817-243-8345
http://www.waterfrontlivingtexas.com
agent@knieperteam.com
To be effective, the notification must be a written communication
that includes the following:
1. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
2. A reasonably detailed description of the alleged infringing
material, or, if multiple copyrighted works are alleged to be infringing,
a representative list of such works on this website;
3. A reasonably detailed description of where the alleged infringing
material is located on this website;
4. Information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party
may be contacted;
5. A statement that the complaining party has 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;
6. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
8. Submissions
Knieper Realty Inc. values and encourages Subscriber feedback
on Knieper Realty Inc. products and services. Pursuant to
Knieper Realty Inc. company policy, however, we do not accept
or consider creative ideas, suggestions, or materials other than
those specifically requested by Knieper Realty Inc. Our policy
is designed to eliminate the possibility of future misunderstandings
and disputes if and when Knieper Realty Inc. decides to implement
an idea that is similar to one submitted by you. We hope you understand
the business reasons behind our policy. If you choose to send any
creative submissions to us, whether at Knieper Realty Inc.
request, or despite our request that you do not send submissions
to us, all submissions shall be deemed, and shall remain, the exclusive
property of Knieper Realty Inc., and Knieper Realty Inc.
shall exclusively own all now known or hereafter existing rights
to the submissions and all information contained therein throughout
the universe. Knieper Realty Inc. shall be entitled to complete
unrestricted use of the submissions and all information contained
therein for any purpose, whether commercial or otherwise, without
compensation to or recognition of the provider of the submissions.
9. Visitor Representations & Warranties
If you are a person who submits personally-identifying information
to Knieper Realty Inc., you represent and warrant that you
are at least 18 years of age and that you possess the legal right
and ability to enter into this Agreement and to use the Knieper Realty Inc.
Website, products, and services in accordance with this
Agreement. You agree to be financially responsible and otherwise
responsible for your use of the Knieper Realty Inc. Website,
products, and services and to comply with your responsibilities
and obligations as stated in this Agreement. You further agree to
(i) provide true, accurate, current and complete information about
to maintain and update your information to keep it true, accurate,
current, and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, Knieper Realty Inc.
has the right to terminate your account and refuse any and all current
or future use of the Knieper Realty Inc. Website.
10. Governing Law, Jurisdiction, & Venue
All uses of this site, and all information contained herein, including,
without limitation, any disputes arising under or related to this
Agreement, shall be governed by and interpreted pursuant to the
laws of the State of Texas and the United States of America. You
further agree that jurisdiction and venue of any claims arising
under or relating to this Agreement shall be exclusive in Hood County,
Texas or the U.S. District Court for the Northern District of Texas,
Dallas Division. You expressly agree to submit to jurisdiction and
venue in Hood County, Texas or the U.S. District Court for the Northern
District of Texas, Dallas Division, regardless of the location from
which you access or use information or materials on this site. You
agree that any dispute arising under or relating to this Agreement
may be brought only in Hood County, Texas or the U.S. District Court
for the Northern District of Texas, Dallas Division, and the Parties
agree to waive jurisdiction and venue in any other forum.
11. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS KNIEPER REALTY INC.,
ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL LIABILITIES, DAMAGES,
CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEYS FEES, AND ALL OTHER COSTS
AND EXPENSES, IN CONNECTION WITH, ARISING FROM, OR RELATING TO,
YOUR BREACH OF THIS AGREEMENT, ANY TORTIOUS CONDUCT PERFORMED BY
OR ALLEGED AGAINST YOU, AND ANY OTHER ACTION OR OMISSION RELATING
TO YOUR USE OF THIS SITE. KNIEPER REALTY INC. MAY, AT ITS
SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER
OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT WHICH MAY HAVE
THE POTENTIAL TO AFFECT KNIEPER REALTY INC. RIGHTS IN ANY
WAY SHALL BE ENTERED INTO WITHOUT KNIEPER REALTY INC. PRIOR
WRITTEN APPROVAL.
12. LIMITATION OF LIABILITY
ACCESS TO THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS.
YOU AGREE THAT KNIEPER REALTY INC., ITS OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND/OR ASSIGNS, SHALL NOT
BE LIABLE FOR ANY DAMAGES OR INDEMNITY, REGARDLESS OF THE NATURE
OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE FROM OR RELATE
IN ANY WAY TO YOUR USE OF, OR KNIEPER REALTY INC. PROVISION
OF THE CONTENT, INFORMATION, OR OTHER MATERIAL EITHER CONTAINED
IN THIS SITE, ANY KNIEPER REALTY INC. NEWSLETTERS, OR IN ANY
EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING,
KNIEPER REALTY INC. SHALL NOT BE LIABLE FOR ACTUAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL
DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE,
INCLUDING LOSS OF TIME, OR INJURY TO PERSON OR PROPERTY.
13. DISCLAIMER OF ALL OTHER WARRANTIES
ALL PRODUCTS, SERVICES, MATERIALS, INFORMATION, AND OTHER CONTENT
ON THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, IMAGES,
VIDEO CLIPS, AUDIO CLIPS, PHOTOGRAPHS, AND EXTERNAL LINKS, ARE PROVIDED
ON AN “AS IS” BASIS. KNIEPER REALTY INC. MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE, NEITHER EXPRESS NOR
IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS,
CONTENT, PRODUCTS, OR SERVICES CONTAINED HEREIN. KNIEPER REALTY INC.
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ALL TYPES, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. KNIEPER REALTY INC. SHALL NOT BE
LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY FOR ANY DAMAGES ARISING
OUT OF OR RELATED TO THE ACCESS OR USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, SPECIAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER
CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, OR
INJURY TO PERSON OR PROPERTY.
ACCEPTABLE USE POLICY
14. Lawful Purpose
Knieper Realty Inc. Website may be used only for lawful purposes.
The transmission, storage, routing, or presentation of any information,
data or material in violation of any applicable local, state, or
federal law or regulation, or in violation of Knieper Realty Inc.
Acceptable Use Policy (“AUP”) is strictly prohibited.
Examples of such information, data, or material include unauthorized
use of copyrighted works, trademarks, trade secrets, or the dissemination
of harmful or fraudulent content. Any conduct by any visitor or
user that constitutes harassment, fraud, stalking, abuse, or a violation
of federal export restriction in connection with use of Knieper Realty Inc.
products or services is strictly prohibited. Using the
Knieper Realty Inc. Website to perform, or solicit the performance
of, any illegal activity is also strictly prohibited.