General Privacy Statement and Legal Policy
Coldwell Banker West is committed to honoring the privacy and security of its website visitors. We collect information to process your transactions and to help us provide a better level of service. We do not sell your information to anyone. We strive to protect the security and confidentiality of the information we collect. We urge you to read the following sections.
There are a number of different ways that we may collect or use personal information from you. At the time of collection we will set out clearly the information that we are collecting and the purposes for which we will use it.
COMMUNICATIONS FROM YOU
You may email or write to us providing your name and contact details and any other personal information contained in your message.
You may telephone or email us in respect of technical assistance you require in respect of our products or information that you would like to receive relating to our products.
EMAIL/DIRECT MAIL CAMPAIGNS
From time to time we may contact you directly by mail, email or telephone informing you about new products, promotions or special offers that you may be interested in.
We may send out newsletters to our customers providing them with articles and information, which we believe, may be of interest to you.
Whenever you enter our website, our web server automatically collects and aggregates information in respect or your visit. This information includes URLs or domains of referring websites, browser type, operating system, the pages that you access and the date and time of your visit. In general this aggregate information will not identify you personally. If we do correlate such information to you, we will treat it in accordance with this policy.
Because we rely on third party commercial software and programs to operate our servers, we may inadvertently collect personal information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades.
CLICK STREAM DATA
As you browse the Internet, a trail of electronic information is left at each Web site you visit. This information, which is sometimes called “click stream” data, can be collected and stored by a Web site’s server. Click stream data can tell us the type of computer and browsing software you use, the address of the Web site from which you linked to the Web Site, and in some instances, your e-mail address. We may use click stream data to determine how much time visitors spend on each page of the Web Site and how they navigate through the Web Site. We will only use this information to improve the Web Site. Any collection or use of click stream data will be anonymous and aggregate, and will not contain any personally identifiable information.
CONSENT TO PROCESSING
By providing any information to the Web Site, all users fully understand and unambiguously consent to the collection and processing of such information in the United States.
We use commercially reasonable efforts to ensure that your information is stored and maintained in a secure environment. We have implemented procedures to ensure that your information is only made available to such designated staff as necessary to carry out the stated purposes that we have communicated to you.
Coldwell Banker West shall, pursuant to valid legal process, such as a search warrant, subpoena or court order, allow access to information, including personally identifiable information, provided to the Web Site in order to comply with such process and to protect our rights and property.
The Web Site may contain links to other sites. Other sites may also reference or link to the Web Site. Coldwell Banker West is not responsible for the privacy practices or the content of such other sites.
This site is a general audience site, which is neither designed nor intended to collect personal information from children who are under the age of 13. In order to ensure compliance with the provisions of the Children’s Online Privacy Protection Act children under the age of 13 should not provide any personal information to this site. We ask that parents supervise their children while online.
DISCLAIMER OF WARRANTIES
Coldwell Banker West PROVIDES THE INFORMATION ON THIS WEB SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, Coldwell Banker West SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE CONTENT OF THE WEB SITE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORD, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. Coldwell Banker West DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Coldwell Banker West BE LIABLE TO ANY PARTY FOR: (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS PROFITS, LOSS OF PROGRAMS OR LOSS OF INFORMATION), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE MATERIALS IN THIS WEB SITE OR ANY OTHER Coldwell Banker West WEB SITE, EVEN IF Coldwell Banker West OR A Coldwell Banker West AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. IN NO EVENT SHALL Coldwell Banker West’ TOTAL LIABILITY TO YOU HEREIN, FOR ANY CLAIM OR ACTION ARISING FROM USE OF THE WEB SITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Coldwell Banker West’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
USER’S ACCEPTANCE OF THIS POLICY
By visiting this Web Site, you signify your consent to the terms of Coldwell Banker West’s legal and privacy policies. If you do not agree with the terms of these privacy policies, please do not use the Web Site. We reserve the right, at our sole discretion, to change, modify, add or remove portions from this privacy and legal policy at any time. Your continued use of the Web Site following the posting of changes to these terms means you accept these changes.