Big Hawk is powered by LandWatch.com
and is subject to the terms of its user agreement.
USER AGREEMENT - TERMS AND CONDITIONS
Welcome to LandWatch.com's User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at LandWatch.com and its auction services. If you have any questions that are not answered here, please contact the Webmaster.
This Agreement is effective immediately. We may amend this Agreement at any time by posting the amended terms on our site. This Agreement may not be otherwise amended except in a writing signed by you and LandWatch.com. This Agreement was last amended on September 26, 2006.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH LandWatch.com and any other site owned or operated by LandWatch.com OFFERS YOU ACCESS TO OUR SERVICES.
Definitions
As used herein, the term "Content" shall apply to any content, material or information of any type whatsoever, including property descriptions, listings, photographs, financial, contact or other information on the LandWatch.com web site.
As used herein, the term "User" shall refer to any person who accesses the LandWatch.com web site for any purpose whatsoever.
This is a Contract
By acknowledging your acceptance of the terms and conditions contained herein, a contract will exist between User and LandWatch.com. LandWatch.com agrees that it will honor its obligations contained herein and in its Privacy Statement (which LandWatch.com may amend from time to time and which User accepts so long as LandWatch.com provides reasonable notice of such changes to its Users), as well as any other terms for providing service to which we may place in writing from time to time.
Likewise, you too have duties and obligations under this contract to LandWatch.com, In particular, you acknowledge that you are bound by the terms of this User Agreement and the terms and conditions contained herein, and that you will honor your promises to LandWatch.com, under this contract.
LandWatch.com reserves the right to modify and amend these terms, and to post the amended Terms and Conditions on its site. By using this site, User agrees to abide by the applicable Terms and Conditions, as amended from time to time.
Buying
Please use common sense when purchasing property. Due diligence and inspections are normal and should be part of the purchase of any property. Competent legal counsel should be employed to purchase property or anything of significant value.
General Terms & Conditions
Access to LandWatch.com
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended LandWatch.com members.
Use of Content and Web Site
You may not copy, post or upload any of LandWatch.com's Content (including, without limitation, property photographs or other graphic images) to an Internet web site, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between the LandWatch.com Site, and or any Content thereon, to any other site or location.
User will treat all information and Content obtained from a LandWatch.com web site as proprietary to LandWatch.com User shall use this web site solely for User's own use. User may access the LandWatch.com Content solely to obtain information from which further evaluation and investigation by the User may commence. User shall not user or reproduce all or any portion of the Content (e.g., graphic images) obtained from a LandWatch.com web site except for User's personal non-commercial use and only if: (i) the Content is not modified in any way; and, (ii) the Content includes the following statement: "© 2006 LandWatch.com. All rights reserved." Under no circumstances may any content from the LandWatch.com site be used for or in connection with any other listing service or web site. User may not use this web site or its Content for the benefit of persons who are not registered users nor may you allow unregistered users to access this web site through you or your User identification.
Links to Third Party Web Sites
Links on this web site permit you to leave the LandWatch.com web site. These linked web sites are not under the control of LandWatch.com and LandWatch.com is not responsible for the operation, content or practices of those sites. LandWatch.com is providing these links for the convenience of its Users and assumes no responsibility for those sites in any way.
Access and Interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of a LandWatch.com site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to LandWatch.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of LandWatch.com or the appropriate third party.
Framing Prohibited
User will not frame any page or portion of this web site. The creation and/or the facilitation of the creation of frames to this web site and/or any Content is expressly prohibited.
Copyrights
User acknowledges LandWatch.com's copyright rights in the web site, including the selection, arrangement and display of facts within Content, which Content may also be subject to copyright, and in subjective or discretionary information (if any) added by LandWatch.com to any Content.
Privacy
LandWatch.com's privacy policy can be read at http://www.bighawk-land.com/privacy_policy, and you shall be bound by such privacy policy.
Liability Limitations
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, THE CONTENT OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
IN NO EVENT SHALL LANDWATCH.COM OR OUR SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE WEB SITE AND/OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF LANDWATCH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF LANDWATCH.COM OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
No Warranty
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE, CONTENT AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL YOU BE ENTITLED TO RELY ON OUR WEB SITE FOR THE CONTENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services and your bidding on, advertising, purchase, solicitation of offers to purchase, and sale of items
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to LandWatch.com, 4957 Lakemont Blvd SE C-4, PMB 352, Bellevue, WA 98006. Notice shall be deemed given 24 hours after email is sent to you at the email address you provided, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to LandWatch.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or LandWatch.com may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington necessary to protect the rights or property of you or LandWatch.com pending the completion of arbitration.
Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, User hereby releases and discharges LandWatch.com and each of its officers, directors, employees, shareholders, affiliates, business partners, customers and any other authorized agent or representative of LandWatch.com from any and all liability associated with User's use of the LandWatch.com web site. This release shall apply to any and all claims, known or unknown, held by User. User hereby also agrees and convenants not to sue, and expressly waives any and all claims against, LandWatch.com for any claim that is released hereunder or for any amount in excess of the limitation of liability provided in this Agreement.
Termination/Cancellation/Modification
Either LandWatch.com or User may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Use of Content and Web site; Other Rights of LandWatch.com Unauthorized Access of Web site; Linking and Framing Prohibited; No Warranty; Arbitration; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.
LandWatch.com may modify the Terms and Conditions at any time without notice by posting the amended terms on our web site. All amended terms shall automatically be effective 30 days after they are initially posted on our web site.
General
This Agreement shall be governed in all respects by the laws of the State of Washington as such laws applied to agreements entered into and to be performed entirely within Washington between Washington residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Entire Agreement
This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms and Conditions shall be valid unless in writing and accepted by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
The Terms and Conditions (as amended from time to time as provided herein) shall apply to each time you visit the LandWatch.com web site.
USER AGREEMENT - TERMS AND CONDITIONS
Welcome to LandWatch.com's User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at LandWatch.com and its auction services. If you have any questions that are not answered here, please contact the Webmaster.
This Agreement is effective immediately. We may amend this Agreement at any time by posting the amended terms on our site. This Agreement may not be otherwise amended except in a writing signed by you and LandWatch.com. This Agreement was last amended on September 26, 2006.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH LandWatch.com and any other site owned or operated by LandWatch.com OFFERS YOU ACCESS TO OUR SERVICES.
Definitions
As used herein, the term "Content" shall apply to any content, material or information of any type whatsoever, including property descriptions, listings, photographs, financial, contact or other information on the LandWatch.com web site.
As used herein, the term "User" shall refer to any person who accesses the LandWatch.com web site for any purpose whatsoever.
This is a Contract
By acknowledging your acceptance of the terms and conditions contained herein, a contract will exist between User and LandWatch.com. LandWatch.com agrees that it will honor its obligations contained herein and in its Privacy Statement (which LandWatch.com may amend from time to time and which User accepts so long as LandWatch.com provides reasonable notice of such changes to its Users), as well as any other terms for providing service to which we may place in writing from time to time.
Likewise, you too have duties and obligations under this contract to LandWatch.com, In particular, you acknowledge that you are bound by the terms of this User Agreement and the terms and conditions contained herein, and that you will honor your promises to LandWatch.com, under this contract.
LandWatch.com reserves the right to modify and amend these terms, and to post the amended Terms and Conditions on its site. By using this site, User agrees to abide by the applicable Terms and Conditions, as amended from time to time.
Buying
Please use common sense when purchasing property. Due diligence and inspections are normal and should be part of the purchase of any property. Competent legal counsel should be employed to purchase property or anything of significant value.
General Terms & Conditions
Access to LandWatch.com
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended LandWatch.com members.
Use of Content and Web Site
You may not copy, post or upload any of LandWatch.com's Content (including, without limitation, property photographs or other graphic images) to an Internet web site, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between the LandWatch.com Site, and or any Content thereon, to any other site or location.
User will treat all information and Content obtained from a LandWatch.com web site as proprietary to LandWatch.com User shall use this web site solely for User's own use. User may access the LandWatch.com Content solely to obtain information from which further evaluation and investigation by the User may commence. User shall not user or reproduce all or any portion of the Content (e.g., graphic images) obtained from a LandWatch.com web site except for User's personal non-commercial use and only if: (i) the Content is not modified in any way; and, (ii) the Content includes the following statement: "© 2006 LandWatch.com. All rights reserved." Under no circumstances may any content from the LandWatch.com site be used for or in connection with any other listing service or web site. User may not use this web site or its Content for the benefit of persons who are not registered users nor may you allow unregistered users to access this web site through you or your User identification.
Links to Third Party Web Sites
Links on this web site permit you to leave the LandWatch.com web site. These linked web sites are not under the control of LandWatch.com and LandWatch.com is not responsible for the operation, content or practices of those sites. LandWatch.com is providing these links for the convenience of its Users and assumes no responsibility for those sites in any way.
Access and Interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of a LandWatch.com site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to LandWatch.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of LandWatch.com or the appropriate third party.
Framing Prohibited
User will not frame any page or portion of this web site. The creation and/or the facilitation of the creation of frames to this web site and/or any Content is expressly prohibited.
Copyrights
User acknowledges LandWatch.com's copyright rights in the web site, including the selection, arrangement and display of facts within Content, which Content may also be subject to copyright, and in subjective or discretionary information (if any) added by LandWatch.com to any Content.
Privacy
LandWatch.com's privacy policy can be read at http://www.bighawk-land.com/privacy_policy, and you shall be bound by such privacy policy.
Liability Limitations
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, THE CONTENT OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
IN NO EVENT SHALL LANDWATCH.COM OR OUR SUPPLIERS HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE WEB SITE AND/OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF LANDWATCH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF LANDWATCH.COM OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
No Warranty
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE, CONTENT AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL YOU BE ENTITLED TO RELY ON OUR WEB SITE FOR THE CONTENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services and your bidding on, advertising, purchase, solicitation of offers to purchase, and sale of items
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to LandWatch.com, 4957 Lakemont Blvd SE C-4, PMB 352, Bellevue, WA 98006. Notice shall be deemed given 24 hours after email is sent to you at the email address you provided, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to LandWatch.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or LandWatch.com may seek any interim or preliminary relief from a court of competent jurisdiction in Seattle, Washington necessary to protect the rights or property of you or LandWatch.com pending the completion of arbitration.
Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, User hereby releases and discharges LandWatch.com and each of its officers, directors, employees, shareholders, affiliates, business partners, customers and any other authorized agent or representative of LandWatch.com from any and all liability associated with User's use of the LandWatch.com web site. This release shall apply to any and all claims, known or unknown, held by User. User hereby also agrees and convenants not to sue, and expressly waives any and all claims against, LandWatch.com for any claim that is released hereunder or for any amount in excess of the limitation of liability provided in this Agreement.
Termination/Cancellation/Modification
Either LandWatch.com or User may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Use of Content and Web site; Other Rights of LandWatch.com Unauthorized Access of Web site; Linking and Framing Prohibited; No Warranty; Arbitration; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.
LandWatch.com may modify the Terms and Conditions at any time without notice by posting the amended terms on our web site. All amended terms shall automatically be effective 30 days after they are initially posted on our web site.
General
This Agreement shall be governed in all respects by the laws of the State of Washington as such laws applied to agreements entered into and to be performed entirely within Washington between Washington residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Entire Agreement
This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms and Conditions shall be valid unless in writing and accepted by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
The Terms and Conditions (as amended from time to time as provided herein) shall apply to each time you visit the LandWatch.com web site.
