General Terms of Use

THESE GENERAL TERMS OF USE (“TERMS OF USE”) ARE A LEGAL AGREEMENT BETWEEN YOU, REGARDLESS OF YOUR CORPORATE FORM OR IF YOU ARE AN INDIVIDUAL, AND US, AND IT GOVERNS YOUR USE OF THE JCREALTYUTAH.COM WEB SITE AND ALL OF OUR SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE WEB SITE (THE JCREALTYUTAH.COM WEB SITE AND ALL OF OUR SERVICES AND CONTENT ARE, INDIVIDUALLY AND COLLECTIVELY, THE “WEBSITE”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY OF ITS OR OUR SERVICES. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF USE. BY ACCESSING OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL NON-PERSON ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE. “WE”, “US”, AND “OUR” REFER TO JC REALTY.

Any new features or tools which are added to the current store on the website shall also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Electronic Contracts

Your use of the website includes the ability to enter into agreements and/or make transactions electronically.

In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THE TERMS OF THESE TERMS OF USE.

Sign-up and Acceptance

By using the website: You agree to the terms contained in this Agreement.

You fully understand and agree that you have established a business relationship with JC Realty. (“JC Realty”).

YOU AGREE THAT JC REALTY MAY CONTACT YOU BY TELEPHONE OR BY EMAIL REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH JC REALTY EVEN IF YOUR TELEPHONE NUMBER IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST.

JC Realty provides means by which you may of further communication.
You are an adult (18 or older) resident of the United States of America (USA).
The Terms of Use also apply to any future change in JC Realty’s products and/or services.

By using the website, you represent to JC Realty that you have read, understood, and agree to all terms, conditions, and notices contained or referenced in these Terms of Use and on the website and agree to follow all applicable laws and regulations.

Changes to Terms of Use. JC Realty may modify these Terms of Use at its sole discretion from time to time by posting modified Terms of Use on the website. Your continued use of the website and/or any software or application offered by us from that point forward will constitute an agreement to such modifications. JC Realty will change the “Last Updated” date on this website page located at jcrealty.com. Please review these Terms of Use periodically to be aware of any changes.

Miscellaneous.

In General. These Terms of Use include any other generally-applicable terms available on the website (including but not limited to our Privacy Policy, which you can review by clicking here Privacy Policy/Cookie Policy (the “Privacy Policy”), all of which are made part of these Terms of Use.

Purpose of the website. This website is owned by JC Realty. and its purpose is to facilitate the sale of its products and services to its consumers. We do not endorse, recommend or favor any individual or firm listed on this website. We may, in the future, offer new products or services through the website (including, the release of new tools and resources). Such new products or services shall also be subject to these Terms of Use.

Online Store Terms. By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of any of our products and services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these will result in an immediate termination of your services and may result in criminal or civil prosecution.

General Conditions. We reserve the right to refuse service to anyone for any reason at any time.

Data Disclaimer. Though we make reasonable efforts to ensure that any data made available on the website or our system application is accurate and reliable, this information is not guaranteed and may be subject to other terms and conditions imposed by the provider of such data. We do not guarantee, and assume no responsibility for, the accuracy, timeliness, correctness, or completeness of such information. You acknowledge that (a) either third-party service providers of JC Realty may provide copies of documents and data filed through our website to third parties and (b) that such copies do not consist of or contain Confidential Information as they are publicly filed by permission of you.

Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the website and/or any software or application offered by us strictly in accordance with these Terms of Use; (b) to use the website and/or any software or application offered by us exclusively for internal and business purposes; and (c) to print out discrete information and search results from the Web Site and/or any software or application offered by us exclusively for internal, and business purposes, provided that you maintain all copyright and other notices contained therein.

You may not make any other use of the website and/or any software or application offered by us without our express consent. Be aware that products, services and content provided by third parties, even if contained in the website, may be subject to additional terms, conditions and permissions, so this license does not necessarily govern your rights with respect to products, services and content provided by third parties, even if the same is found on the website.

Personal Information. Your submission of personal information is governed by our Privacy Policy.

Restrictions and Prohibitions on Use. Except as expressly authorized by us, you shall not and shall cause all of your users to not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the website e and/or any software or application offered by us to any third party in any way, (ii) access the website and/or any software or application offered by us in order build a competitive product or service, (iii) copy, modify, harvest data from, or make any derivative works based upon the website and/or any software or application offered by us, including without limitation to create a directory of Subscriber or mailing lists with data retrieved from this website; (iv) use any part of the website, or any of our products or services for any unlawful purpose; (v) solicit others to perform or participate in any unlawful acts; (vi) violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (vii) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (viii) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (ix) submit false or misleading information; (x) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (xi) collect or track the personal information of others; (k) spam, phish, pharm, pretext, spider, crawl, or scrape; (xii) use the website for any obscene or immoral purpose; or (xiii) interfere with or circumvent the security features of the website or any websites, or the Internet. We reserve the right to terminate your use of and access to the website or any related website for violating any of the prohibited uses.

Transactions and Interactions with Subscribers or other Third Parties. We will not be liable in any way in connection with, any of the offerings, products or services advertised on or through the website by any user (including Subscribers), or any sites on the Internet that may be directly or indirectly accessed through links in the website that are not owned and operated by us, including but not limited to liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content therein. You acknowledge and agree that we are not a party to any transaction between you and any other user of the website, even if that transaction is facilitated, in whole or in part, through the website. YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING PAYMENT AND DELIVERY OF PRODUCTS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH OTHER USER AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INTERACTIONS ARE AT YOUR OWN RISK. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. YOU ALSO UNDERSTAND AND AGREE THAT IF THERE IS A DISPUTE BETWEEN YOU AND ANY OTHER USER, WE HAVE NO OBLIGATION TO BECOME INVOLVED. YOU HEREBY RELEASE US, OUR OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR INTERACTIONS WITH ANY OTHER USER, INCLUDING ANY DISPUTES ARISING IN CONNECTION THEREWITH.

Intellectual Property Rights. Except for the limited license contained above, nothing in these Terms of Use grants or should be construed to grant to you any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all rights, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this website and/or any software or application offered by us and its content belong to us, our licensors, or Subscribers, as applicable.

The “JC Realty” name, “jcrealtyutah.com” name and logo, and the product and service names and logos associated with the website and/or any software or application offered by us are trademarks or service marks of ours or of third parties, and no right or license is granted to you to use them for any purpose whatsoever.

No Solicitation. Consistent with our Privacy Policy, you shall not, and shall cause your users to not, use the website, directly or indirectly, for the purpose of transmitting any unsolicited communications over the Internet to other users or any other third parties. In forums or other interactive features made available through this website, you may discuss or recommend third-party websites, products or services, so long as you have no financial interest in and receive no direct or indirect benefit from such websites, products or services, or the recommendation of such.

Third-Party Content. Third-party content may be accessible via links from this website. We shall not be responsible for, and have no liability for, any mistakes, misstatements or violations of law, defamation, omissions, falsehood, obscenity, infringements or profanity in the statements, opinions, representations or any other form of content contained in such third-party content accessed through the website. You understand that the information and opinions in such third-party content represent the thoughts of the Third Party exclusively and are not endorsed by us, nor do it reflect our opinions, position or beliefs.

Registration. Certain sections of this website may require you to register. If registration is requested, you agree to provide us with accurate and complete registration information. Your registration must be done using your real name and accurate information. We do not permit any other person to use the registered sections under your username or email. You are responsible for preventing such unauthorized use, as well as for any consequences of such unauthorized use.

DISCLAIMER. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (I) THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM, DATA, OR CONTENT, (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU OR YOUR USERS, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEB SITE WILL MEET YOUR OR YOUR USERS’ REQUIREMENTS OR EXPECTATIONS, OR (IV) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE FEATURES, FUNCTIONALITY OR CONTENT OF THE WEBSITE AT ANY TIME WITHOUT ANY NOTICE OR LIABILITY TO YOU.

LIMITATION OF LIABILITY AND DAMAGES. WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (I) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (II) ANY OF YOUR CONTENT OR ANY THIRD PARTY CONTENT ON OR ACCESSIBLE VIA THE WEBSITE (INCLUDING YOUR PARTICIPATION IN MESSAGE BOARDS, BLOGS, WIKIS OR E-MAIL FORUMS AND ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE), (III) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (IV) YOUR USE OF THE WEB SITE, (V) YOUR MISUSE OF THE WEB SITE, OR (VI) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU OR YOUR USERS, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FOR ANY REASON, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT ANY OF THE FOREGOING LIMITATIONS ON LIABILITY DO NOT APPLY TO YOU OR ARE PROHIBITED BY LAW, OUR SOLE OBLIGATION AND LIABILITY TO YOU FOR DAMAGES SHALL BE LIMITED TO $1.00.

Unlawful Activity. Please note that we reserve the right to investigate complaints or violations of our Terms of Use or other policies or of applicable law, rule or regulation, and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile(s), email addresses, usage history, posted materials, IP addresses and traffic information.

No Expectation of Privacy. We retain the right, with or without cause or notice to you, to access or monitor all Computer Information. You agree that you have no reasonable expectation of privacy in the Computer Information and expressly waive any right of privacy or similar right in the Computer Information. You agree that any Computer Information is or shall become our sole and exclusive property. “Computer Information” means all data, files, information and communications created, received, or stored on or passed through our computer and communications systems by you.

Indemnification. You agree to indemnify and hold us, our officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your Content; (b) any breach by you of these Terms of Use or any act or omission of any of your users which would constitute a violation of these Terms of Use if done by you; or (c) any transaction or interaction between you or your users and any other person (including any other user), regardless of whether such transaction or interaction was facilitated in whole or in part by or through the website. This obligation survives any termination of these Terms of Use.

Remedies for Violations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the website and its features.

In addition, we reserve the right to terminate these Terms of Use or suspend your and/or your user’s access to the website on notice to you if you or your users breach any provision of these Terms of Use. Upon termination, you and your users’ right to access or use the website pursuant to these Terms of Use is immediately terminated.

Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Utah without giving effect to its conflict of law principles or any other principles that would result in the application of a different body of law. YOU HEREBY AGREE THAT, EXCEPT FOR ACTIONS REGARDING INJUNCTIVE OR OTHER EQUITABLE RELIEF AS SET FORTH BELOW, THE COURTS LOCATED IN UTAH COUNTY, UTAH, USA, WILL HAVE SOLE AND EXCLUSIVE VENUE AND JURISDICTION FOR THE RESOLUTION OF ANY AND ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITE AND YOU HEREBY IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND IRREVOCABLY WAIVE ANY OBJECTIONS THERETO. YOU HEREBY IRREVOCABLY CONSENT TO SERVICE OF PROCESS FOR ALL ACTIONS IN SUCH COURTS. ANY JUDGMENTS RENDERED BY SUCH COURTS MAY BE ENTERED AND ENFORCED AGAINST YOU IN ANY JURISDICTION WHERE YOU OR YOUR ASSETS ARE LOCATED. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS OF USE, WE MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO ENFORCE OR PROTECT ITS RIGHTS HEREUNDER IN ANY COURT OF COMPETENT JURISDICTION THAT WE DEEM APPROPRIATE. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms of Use.

Severability of Provisions. These Terms of Use and any policies or operating rules posted by us on this site or in respect to the website constitute the entire agreement and understanding between you and us and govern your use of and access to the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is found unlawful, void or unenforceable, such provision shall be deemed to be revised to a valid and enforceable provision that most closely approximates the original intent of the parties (or, if such revision is not permissible, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability), and the remaining provisions of these Terms of Use shall not be affected, and shall remain in full force and effect.

Modifications to Terms of Use; Additional Features. We reserve the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this website and/or any software or application and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the website and/or any software or application offered by us after any such changes constitute your consent to such changes. In addition, from time to time, we may offer you new or additional features; additional terms may apply to these features and such additional terms will be deemed part of these Terms of Use (and if they conflict with other terms of these Terms of Use, they shall control with respect to such new or additional features). Subscribing to or using such new or additional features constitutes your consent to such additional terms.

No Waiver; Ambiguities. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.