Disclaimer

TERMS OF USE AND DISCLAIMER

Blake Vanderhyde has written this “Terms of Use and Disclaimer” (referred to below as the “Terms of Use”) to outline the conditions under which this website is being made available to you. Read the Terms of Use carefully. By using this Website, you will be deemed to have accepted them. If you do not accept the Terms of Use, you are directed to discontinue accessing or otherwise using the Website or any materials obtained from it.

The information contained in this web site is from sources believed reliable, but not verified or guaranteed and is subject to change without notice. Interested parties are advised to seek the advice of appropriate professionals for advice. You are advised that factual material in the content, though deemed reliable, may contain errors and is subject to revision at all times. You are advised to confirm all factual material upon which you intend to rely in any transaction.  Blake Vanderhyde expressly disclaims all warranties including the implied warranties of merchantability and fitness for a particular purpose. Possible errors include, but are not limited to, incorrect measurements, improper classification of rooms and features according to local zoning codes, incorrect status with regard to availability for sale, incorrect photograph, and incorrect information about improvements.

This is a personal web site, reflecting the opinions of its author. It is not a production of my employer.  Statements on this site do not represent the views or policies of any other party or entity. The information on this site is provided for discussion purposes only, and are not recommendations. Nothing in this website shall be construed as an offer to take any action whatsoever. Due to the nature of this website, errors, and unintentional misstatements of fact may occur. In no event shall the publisher of this website and any affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website, whether based on contract, tort, strict liability or otherwise.

THIS SITE PERTAINS TO REAL ESTATE SERVICES ONLY – NOT LEGAL SERVICES

Although Blake Vanderhyde is a licensed attorney, this website is designed to provide information regarding real estate services only, NOT LEGAL SERVICES.  By responding to your request for information or a free consultation we do not intend to create an attorney-client relationship with you. Thus, any information we provide to you should not be considered legal advice and you should not rely on it as if it were.   Neither the transmission nor receipt of these website materials will create an attorney client relationship between sender and receiver.

An attorney-client relationship between you and Blake Vanderhyde can only be formed  if Blake Vanderhyde agrees to represent you FOR LEGAL SERVICES and receives a signed retainer for legal services agreement from you (which is separate and distinct from an agreement to provide real estate services of any kind).

All content on this website and related material is not legal advice.  None of the information on this site reflects the legal opinion of Blake Vanderhyde

By submitting forms with your telephone number and contact information you are consenting to Blake Vanderhyde and authorized representatives contacting you even if your name is on the Federal “Do-not-call List”

NOTICE TO THE PUBLIC:

Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer.

Blake Vanderhyde does not have a relationship nor does he represent or have any affiliation whatsoever with any specific loft, condo, townhome, co-op, development, building, condo association, professional management company, community association, property manager or property management firm, or other related entity listed on this site.  This website is for informational purposes only.  The use of any trademark, service mark, or other type of protected mark or building name is for information and identification purposes only.

If you are interested in property management, or other specific information about a specific condo, loft, townhome, or other property, please contact the building’s association for details.  If you are interested in looking at a specific property, you should contact the appropriate listing agent/s as listed on Northstar MLS.  If you are a realtor, real estate professional,  or real estate agent interested in looking at a specific property, you should contact the appropriate listing agent/s as listed on Northstar MLS.

The information is not guaranteed to be correct, complete, or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which this site is linked.

THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND THE Blake Vanderhyde EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Blake Vanderhyde DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

Personal information submitted to the website

Any information that you send us in an email message might not be confidential or privileged. Blake Vanderhyde makes effort to protect personal information submitted by users of the website.  You should take this into account when submitting personal or confidential data about yourself on any website, including this one.

Additionally, while the website does not gather your name, email address or similar information about you without your knowledge or consent, the website does permit you to voluntarily submit data about yourself so that we can provide you with requested services. The information gathered will be incorporated into our mailing database and will not be sold to third parties for marketing purposes. At your request, we will remove your personal information from our files.

The telephone numbers for our office are listed in this website. We reserve the right to decline any representation.

Terms of Use may be modified by Blake Vanderhyde at any time.

Blake Vanderhyde periodically changes, adds, or updates the material in this website without notice. Blake Vanderhyde assumes no liability or responsibility for any errors or omissions in the contents of this website. Your use of this website is at your own risk. Under no circumstances shall Blake Vanderhyde or any other party involved in the creation, production or delivery of this website be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, this website.

Third-party websites

This website may occasionally contain links to third party websites for the convenience of our users. Blake Vanderhyde does not endorse any of these third party sites and does not intent to imply any association between the firm and the party(ies) involved. Furthermore, Blake Vanderhyde does not control these third party websites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use any links to websites not maintained by Blake Vanderhyde, you do so at your own risk. Blake Vanderhyde is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient.

Legal and Ethical Requirements

Blake Vanderhyde  has tried to comply with all legal and ethical requirements in compiling this website.

Ownership, License & Restrictions On Use

As between Blake Vanderhyde and you, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this website belongs to Blake Vanderhyde, his licensors, or listees. In addition, the names, images, pictures, logos and icons identifying Blake Vanderhyde’s products and services in many countries are proprietary marks of Blake Vanderhyde and/or his subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from this website provided solely for your personal, informational, non-commercial purposes, and provided you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this website, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this website be stored in any information storage and retrieval system without prior written permission from Blake Vanderhyde.

Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)1)(ii) and FAR 52.227-19.

Limitation Of Liability

A covered party (as defined below) shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with this site, including its content, regardless of any negligence of any covered party. “covered party” means Blake Vanderhyde, his affiliates, his listees, and any officer, director, employee, subcontractor, agent, successor, or assign of Blake Vanderhyde, his affiliates, and his listees.

Governing laws in case of dispute; jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Minnesota and jurisdiction therefore shall rest solely in Minnesota, USA.

Entire Agreement; Severability

These Terms of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

By clicking on links in this site, you may be redirected to my Edina Realty Website www.blakevanderhyde.edinarealty.com in order to search for properties.  This website  has additional terms of use which is provided below for your convenience.

USE OF EDINA REALTY PROPERTY FINDER: The data relating to real estate for sale on http://blakevanderhyde.edinarealty.com/ comes in part from the Broker Reciprocity program of the Regional Multiple Listing Service of Minnesota, Inc. Real Estate listings held by brokerage firms other than Edina Realty Inc. are marked with the Broker Reciprocity logo or the Broker Reciprocity house icon and detailed information about them includes the names of the listing brokers. Edina Realty is not a Multiple Listing Service MLS, nor does it offer MLS access. This website is a service of Edina Realty, a broker Participant of the Regional Multiple Listing Service of Minnesota, Inc. Open House information is subject to change without notice.

The following terms and conditions govern all access to and use of this site. You accept, without limitation or alteration, all the terms and conditions contained herein. This agreement is a binding contract and includes terms that limit your legal rights and Licensors’ liability to you. Consult your attorney before Agreeing if you do not understand any of the terms here.
End-User License Agreement

This End-User License Agreement (“EULA”) is a legally binding contract between you; and the owner of this site, Edina Realty Home Services (“Broker”); and Regional Multiple Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com (“RMLS”); Inc. and the developer of this site, Fidelity National Real Estate Services (“Developer”). (Collectively, Broker, RMLS, and Developer are the “Licensors.”); as well as you; and the owner of this site, Edina Realty Home Services and REALTOR® Association of Southern Minnesota (“RASM”); and the developer of this site, Fidelity National Real Estate Services (“Developer”). (Collectively Broker, RASM, and Developer are the “Licensors.”)

You seek access to real estate listings that are made up of factual information and creative content. This “Licensed Content” appears on this “Licensed Site.” Licensors wish to grant you access to the Licensed Site, but use of this information is limited by the terms of this license.

In consideration of the mutual covenants contained herein, you and Licensors hereby agree as follows:

1. Access permitted. Licensors agree to provide you online access via the World-Wide-Web to the Licensed Content and the Licensed Site for the duration of the current viewing session. You acknowledge that you will be required to execute a new EULA upon your next visit to the Licensed Site. You agree not to attempt to access the Licensed Site after the termination of this EULA.

2. Acknowledgement of Title. You acknowledge that all right, title, and interest in the copyrights and other intellectual property rights in the Licensed Site and the Licensed Content reside at all times in Licensors and their licensors.

The trademarks, logos, and service marks (collectively the “Marks” or “Mark”) appearing on the Licensed Site are registered and unregistered marks of Licensors and others. Neither this EULA nor the Licensed Site grants you any right to use any Mark displayed on the Licensed Site or any other Marks of Licensors.

3. License. Licensors hereby grant you a revocable, limited, nonexclusive license during the term of this EULA to duplicate, distribute and display the Licensed Content and the Licensed Site, solely for your personal, non-commercial use, and subject to the limitations set forth in this EULA. Licensors grant nonexclusive licenses and not exclusive licenses or assignments. All rights not expressly granted in this EULA are reserved.

4. Limited Use. You will not:

(a) Use the Licensed Site, Licensed Content, or both for any purpose other than a personal, non-commercial one;

(b) Disclose any of the Licensed Content, including factual content, to any third party except in furtherance of your personal real estate transaction, and then only to the extent necessary;

(c) Gather, or attempt to gather, by any automated means, including “screen scraping” or “database scraping,” factual content or any other portion of the Licensed Content from the Licensed Site; or

(d) Employ the Licensed Content, the Licensed Site, or both for any unlawful purpose.

5. License revoked. Your license to use the Licensed Content and the Licensed Site is immediately revoked, without notice from Licensors, in the event that you breach any provision of this EULA.

6. General terms.

(a) Term and termination. Any party may terminate this EULA upon notice to another. In the event of termination, all licenses hereunder immediately terminate, and you agree to discontinue accessing and attempting to access the Licensed Site. The terms of sections 2, 4, and 6 of this EULA shall survive its termination.

(b) Disclaimer of warranties. Licensors provide the LIcensed site and Licensed Content on an “as is,” “as available” basis. Licensors make no warranty as to the accuracy, completeness, currency, or reliability of the Licensed Content. you are advised that factual material in the Licensed content, though deemed reliable, may contain errors and is subject to revision at all times. You are advised to confirm all factual material upon which you intend to rely in any transaction. The Licensors expressly disclaim all warranties with respect to the Licensed Site and the Licensed Content, including the implied warranties of merchantability and fitness for a particular purpose. Possible errors in the Licensed Content include, but are not limited to, incorrect measurements, improper classification of rooms and features according to local zoning codes, incorrect status with regard to availability for sale, incorrect photograph, and incorrect information about improvements.

(c) Limitations and exclusions of liability. Under no circumstances shall the Licensors be liable to you or anyone else for any direct, indirect, incidental, special, consequential, Exemplary, or punitive damages that result from the use of, or inability to use, the licensed site, the Licensed Content, Or Both. Your sole remedy, in the event the Licensors or any one of them breach this EULA, shall be to terminate this EULA. IN THE EVENT THE LIMITATIONS SET FORTH IN THE PRECEDING TWO SENTENCES ARE HELD BY ANY COURT TO BE UNENFORCEABLE, lICENSORS SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND IN EXCESS OF $500.

(d) Indemnification. You will defend, indemnify and hold the Licensors harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) in any claim, demand, action or proceeding initiated by any third-party against the Licensors arising from any of your acts, including without limitation violating this or any other agreement or any law.

(e) Assignment. You may not assign or delegate this EULA or any obligations, rights, or duties hereunder. Any attempted or purported assignment or delegation in contravention of this section is null and void.

(f) Integration and severability. This EULA contains the entire understanding of the parties and supersedes all previous oral and written agreements on the subject matter hereof. Each provision of this EULA is severable from the whole, and if one provision is declared invalid, the other provisions shall remain in full force and effect.

(g) Governing law. This EULA shall be governed by, and construed in accordance with, the laws of the State of Minnesota applicable to contacts made and performed in Minnesota, but without regard to the choice of law and conflicts of law provisions thereof. The parties hereby agree that any dispute under this EULA shall have its forum in the state or federal courts located in Ramsey County, Minnesota, in the United States of America, or in another County in Minnesota of jurisdiction and the parties hereby consent to personal jurisdiction therein and expressly waive any defenses to personal jurisdiction, including forum non conveniens.
Material available in Blake Vanderhyde website is protected by copyright law. Copyright © 2009

Blake Vanderhyde All rights reserved.