PLEASE READ! sellingwhitley.com REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO sellingwhitley.com. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH sellingwhitley.com OR ITS CONTENTS IN ANY MANNER. sellingwhitley.com SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Visitors," are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S. $100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's address.
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
The Seller of this product is:
102 E. Broadway Street #1166
Prosper, TX 75078
Contact Email: email@example.com All Rights Reserved.
All Rights Reserved.
Welcome to sellingwhitley.com.
Telephone Consumer Protection Act (“TCPA”)
EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE. YOUR CONSENT ALSO SERVES AS YOUR EXPRESS WRITTEN CONSENT TO YOUR PAST RECEIPT OF ELECTRONIC COMMUNICATIONS FROM US. YOU FURTHER REPRESENT AND WARRANT THAT: (I) YOU ARE AT LEAST 18 YEARS OLD; (II) YOU LIVE IN THE UNITED STATES (OR CANADA, IN SUCH CASE, THE CANADIAN CONSENTS BELOW SHALL APPLY); (III) YOU HAVE NOT REGISTERED ON A NATIONAL OR STATEWIDE DO NOT CALL LIST; (IV) YOU ARE THE ACCOUNT HOLDER OF, OR HAVE THE REQUIRED CONSENT TO PROVIDE, THE PHONE NUMBERS AND EMAIL ADDRESSES PROVIDED; (V) THE PHONE NUMBERS AND EMAIL ADDRESSES PROVIDED ARE ACCURATE AND YOU WILL PROVIDE US NOTICE IF YOU RELEASE THEM TO ANOTHER.
COMMUNICATIONS INCLUDE. THESE COMMUNICATIONS MAY INCLUDE, WITHOUT LIMITATION, TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, TEXT MESSAGES (INCLUDING SMS AND MMS), AND NOTIFICATIONS THROUGH ANY APP THAT WE PRODUCE.
AUTODIALING. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.
NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.
REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE CERTAIN COMMUNICATIONS AT ANY TIME. TO STOP RECEIVING TEXT MESSAGES REPLY "STOP" TO ANY OF OUR TEXTS. TO STOP RECEIVING EMAILS CLICK THE "UNSUBSCRIBE" LINK WHEN PROVIDED, OR REPLY "UNSUBSCRIBE" TO THE EMAIL WHEN AN AUTOMATED UNSUBSCRIBE LINK IS NOT AVAILABLE. TO STOP RECEIVING PHONE CALLS, COMMUNICATE THAT REQUEST TO US VIA PHONE, TEXT MESSAGE OR EMAIL. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT. BY CONTACTING US TO OPT-OUT OF A CERTAIN COMMUNICATION, YOU CONSENT TO RECEIVE A FINAL COMMUNICATION CONFIRMING YOUR OPT-OUT.
COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL SALESPERSON OR REALTOR WHO COMMUNICATES WITH YOU WILL DETERMINE IT.
“Personally Identifiable Information”
Refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: the names, addresses, phone numbers and email addresses of Authorized Customers.
What organizations are collecting the information?
In addition to our direct collection of information, our third party service vendors (such as mortgage lenders, insurance brokers, and title companies) who may provide such services as mortgage lending, mortgage insurance, escrow services and title insurance may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.
With whom may the information may be shared?
Personally Identifiable Information pertaining to Authorized Customers and other non-personally identifiable information will be shared with our employees and with third party service providers who assist us with our Site operations or other services we may offer. Personally Identifiable Information about Authorized may be shared with other Authorized Customers and other providers of real estate-related services, such as mortgage lenders, that we work with, who wish to evaluate potential transactions with other Authorized Customers and/or us. Further, we may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf. Our employees, agents, third party service providers and partners are contractually bound to use Personally Identifiable Information solely in connection with providing the Services, and may not use it for any other purpose.
We may disclose information provided by Visitors as part of any merger, sale, acquisition, or financing of our company. Furthermore, in some instances, we may be legally required to provide information about Visitors to government authorities, including law enforcement, homeland security, and intelligence agencies. We cooperate with law enforcement in identifying persons using our Services for illegal activities and reserve the right to report any activities that we believe to be unlawful or in violation of our Terms and Conditions.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by Brent Wells is securely stored in accordance with current industry standards and is not accessible to third parties or employees of Brent Wells except for use as indicated above.
What choices are available to Visitors regarding collection, use and distribution of the information?
Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at:
102 E. Broadway Street #1166 Prosper, TX 75078
Contact Email: firstname.lastname@example.org
Are Cookies Used on the Site?
How does Brent Wells use login information?
Brent Wells uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s movement and use, and gather broad demographic information.
What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?
How does the Site keep Personally Identifiable Information secure?
All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.
How can Visitors correct any inaccuracies in Personally Identifiable Information?
Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at email@example.com. We encourage Visitors and Authorized Customers to keep Personally Identifiable Information up to date at all times. With that said, changes and updates to Personally Identifiable Information will only be reflected going forward and we cannot alter any information we may have provided to a third party
Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?
California Users’ Rights
We provide the following disclosures pursuant to Cal. Bus. & Prof. Code § 22575.
We provide Visitors and Authorized Customers, including those claiming California residency, with information on how to exercise their respective disclosure options and choices pertaining to Personally Identifiable Information, such as the right to opt-out or unsubscribe, or opt-in for use of Personally Identifiable Information by third parties for marketing purposes. Accordingly, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that have received Personally Identifiable Information for marketing purposes during the preceding year.
California residents wishing to request information about how to exercise their disclosure options and choices pertaining to third party disclosures, please send request by mail to “Request for California Disclosure Choices” at the mailing address provided above. With all request, please include your name, street address, city, state, zip code and e-mail address. We do not accept requests via telephone or fax. We are not responsible for failure to respond to incomplete, incorrectly labeled or submitted notices.
We do not obey Do Not Track signals from a user’s Internet browser. We make no representations concerning third parties that do not collect Personally Identifiable Information directly through our Site.
Our Site is not intended for use by minors and as such, no one under the age of 13 should use, or provide any personal information to, our Site. If we discover that we have mistakenly collected personal information from a child under the age of 13, we will delete that information as soon as possible.
The Site contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.
Do you have a good faith belief that your intellectual property rights have been violated by Brent Wells? Do you have a good faith belief that a third party may have uploaded content to sellingwhitley.com?
If you have answered yes to either or both of these questions, Brent Wells requests you provide to it at its primary office address at, 102 E. Broadway Street #1166 Prosper, TX 75078, the information listed below in accordance with DMCA:
1. Please describe the copyrighted material, work or other intellectual property (collectively "Material") which you believe is being infringed upon, and where on the sellingwhitley.com website the Material is located.
2. Your contact information (name, telephone number, e-mail address, or other detail where Brent Wells* or the alleged infringing party can make direct contact with you).
3. Describe that you have a good faith belief that the Material and/or its use is not authorized by the existing copyright or other intellectual property rights' registered owner, by its agent or by law, and such statement and/or description is signed** under the penalties of perjury that you are the owner of the Material or the person authorized by the owner to act.
Upon receipt of the information above Brent Wells will act expeditiously to remove or disable access to the offending material, but may need additional information to fully address the DMCA notice that you have provided to us and before removing any of the offending material. Your contact information given in the notice requested may be provided to the alleged infringing party if it is not Brent Wells so an appropriate proper response can be sent.
DMCA is the Digital Millennium Copyright Notice, which states that an Internet Service Provider must remove materials from a web site that appear to infringe upon copyrighted materials after the ISP receive proper notice or lose safe harbor and be subject to liability.
* The alleged infringing party may be someone other than Brent Wells.
** The signature may be an electronic signature.
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