The Contents of this Website are protected by copyright, trademark and other United States and foreign laws, and are provided for your personal, non-commercial use only. You may make one copy of the material included on this Website for such use, but only if it contains the applicable BethToomey.com copyright notice. Any other use of this Website or its contents, including but not limited to: reproduction, redistribution, retransmission, creating derivative works from, creating links to, and "framing," is expressly prohibited without BethToomey.com’s prior written permission.
Exclusions and Limitations
It is our objective to provide you with accurate information that assists you in using this Website and the real estate and related services available through it. However, this Website is provided to you on an "AS IS, AS AVAILABLE" basis, and while we make all reasonable efforts to ensure that all material on this Website is correct, accuracy cannot be guaranteed and we do not assume any responsibility for the accuracy or completeness of any information contained on this Website nor do we guarantee this Website is virus-free. In addition:
- WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES AND FITNESS FOR A PARTICULAR PURPOSE.
- WE ALSO DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THIS WEBSITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO: INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES RESULTING FROM LOST DATA, UNAVAILABILITY OF SERVICES, INACCURATE OR INCOMPLETE DATA, OR OTHERWISE.
- WE ALSO DISCLAIM ALL LIABALITY ARISING FROM YOUR USE OF THIS WEBSITE OR ITS CONTENTS WHETHER ARISING IN WARRANTY, CONTRACT, TORT, OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third Party Relationships
Claims of Copyright InfringementBethToomey.com respects the intellectual property rights of others and take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512(c)(3)) ("DMCA"), your written notice ("DMCA Notice") must contain substantially the following:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
- Identification of the material that you claim is infringing, including a description of where it is located so that our copyright agent can locate it;
- Your name, address, telephone number, and, if available, e-mail address, so that our copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Our designated copyright agent to receive DMCA Notices is: Beth Toomey
1200 Westlake Ave North #406
Seattle, WA 98109
If you do not comply with all of the requirements of Section 512(c)(3) of the DMCA, we are not obligated to honor your DMCA Notice. If your notice does comply the material that you claim is infringing will be removed from the Website.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may submit a counter notification to our copyright agent. Under the DMCA, a valid counter notification must include substantially the following
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, telephone number, and, if available, e-mail address, so that our copyright agent may contact you about your counter notification;
- A signed statement under penalty of perjury that you have a good faith belief that the material identified in your counter notification was removed or disabled as a result of mistake or misidentification; and
- A signed statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the Site may be found; and that you will accept service of process from the person (or agent of that person) who provided the Site with the DMCA Notice at issue.
Our designated copyright agent to receive counter notifications is:
1200 Westlake Ave North #406
Seattle, WA 98109
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your counter notification.
Please be aware that if you knowingly and materially misrepresent that material or activity on the Site is infringing your copyright, material or activity or that such material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
We are not required to actively monitor our Website for copyright violations but we will comply with all proper notices under the DMCA. It is our policy in appropriate circumstances to disable and/or terminate a repeat infringer’s account or other similar ability to use the Site. Such circumstances could arise when we obtain actual knowledge of repeated instances of copyright infringement.
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a DMCA Notice or counter notification.