TERMS OF USE AND LEGAL DISCLAIMER

Thank you for visiting www.HomeInStGeorge.com (“Site”). These Terms of Use (“Terms”) govern how you may access and use the Site and your responsibilities when doing so.

Content and Intellectual Property

Any information or content found on HomeInStGeorge.com (“Site”) is for informational purposes only and does not constitute legal or professional advice. Please consult with an appropriate professional for any professional advice you need, for example, legal or accounting advice.

Joel Robertson (“Owner”), his affiliates and partners created the “Materials” available through the Site including text, images, video, graphics, and other content. All Materials are protected by all applicable copyright and trademark laws. The Owner or the party credited owns the Materials, and all rights in the Materials are expressly reserved. You cannot use or reproduce any image that is available on this Site without written authorization from the Owner. For many Materials, the Site or Owner is not the copyright holder and does not have permission to allow others to use them. Any reproduction of images or other Materials from this Site is strictly prohibited.

Your Conduct

You may not use the Site in any way that violates local, state or federal laws including, but not limited to, violating the privacy or infringing on the rights of others such as intellectual property rights.

You may not take any action that will disrupt or interfere with operation of the Site, which includes use of any robot, spider, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Site.

Privacy

In various places on the Site, you have the opportunity to provide your contact information to the Site, the Owner or the Owner’s agents. If you share your phone number, e-mail address or other form of contact information on this Site, you consent to the Site, the Owner or the Owner’s agents contacting you about a variety of subjects including, but not limited to products, services, events and programs.

Third-Party Links

The inclusion of any third-party links, advertising or mention of individuals or businesses on this Site does not necessarily imply a recommendation or endorse the views expressed by them. Links to third-part sites are provided as a convenience and do not constitute the endorsement of any linked-to website by the Site or Owner. Please be aware when you leave the Site because the Site’s Terms and Privacy Policy will no longer apply to your activities. Third-party websites will likely have their own terms of use and privacy policy, which the Site and Owner have no control over.

Third-Party Vendors

Third-party vendors may advertise, offer products or services for sale, or host promotions on the Site. The Site and Owner have no control over and do not make any representation or warranty about third-party products, services or promotions available through the Site.  If you choose to purchase any product or service or enter any promotion, the terms of that purchase or promotion are between you and the third-party vendor. The Site and Owner disclaim all liability for any losses or damages stemming from any purchase or promotion offered by a third-party vendor.

SITE PROVIDED “AS IS”

The information contained in HomeInStGeorge.com is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. The opinions expressed at or through this site are the opinions of the individual author and may not always be accurate. You should contact your attorney, accountant or other professional with respect to any particular issue, problem or question you may have.

THEREFORE, YOU EXPRESSLY AGREE THAT YOUR USE OF OR RELIANCE ON THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS OWNER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY.

Some jurisdictions do not permit the disclaimer of certain warranties, so the above disclaimers may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THIS SITE, ITS OWNER, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, NOR SHALL ANY OF THE AFOREMENTIONED BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES; DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT THE SITE OR ITS OWNER OR AGENTS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not permit the limitation or exclusion of certain liabilities, so the above limitations and exclusions may not apply to you.

Digital Millennium Copyright Act (“DMCA”)

The Site, its Owner and Agents respect the intellectual property rights of others and expect you to do the same. Per the DMCA, the Site and its Owner will respond expeditiously to claims of copyright infringement on the Site if submitted to the Site’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, the Site will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.

If you believe that your intellectual property rights have been violated by the Site or by a third party who has uploaded materials to the Site, please provide the following information to the Site’s designated Copyright Agent listed below:

a. A description of the copyrighted work or other intellectual property that you claim has been infringed;

b. A description of where the material that you claim is infringing is located on the Site;

c. An address, telephone number, and e-mail address where the Site’s Agent can contact you and, if different, an e-mail address where the alleged infringing party, if not the Site, can contact you;

d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;

f. Your electronic or physical signature.

The Site, Owner or the Site’s designated Copyright Agent may request additional information before removing any allegedly infringing material. In the event a decision is made to remove the allegedly infringing materials, the Copyright Agent of the Site will immediately notify the person responsible for posting such materials that the materials have been removed or access to the materials has been disabled. The Site’s Copyright Agent may also provide the responsible person with your e-mail address so that the person may respond to your allegations.

This Owner of this Site registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). The Site’s designated Copyright Agent is:

Joel Robertson

PK Real Estate Utah

21 North Main

St. George, Utah 84770

(435) 773-1220

joel@homeinstgeorge.com

Governing Law

These Terms are governed by the laws of the State of Utah, without reference to conflicts of laws. Regardless of your location, any disputes that arise under these Terms will be litigated before a court in Washington County, Utah.

Severability and Miscellaneous

The failure of the Site, Owner or you to exercise any right provided for in these Terms shall not constitute a waiver of any rights under these Terms. If any provision of these Terms is found to be unenforceable, such unenforceability will not affect the validity of the remaining provisions. You may not assign any of your rights under these Terms. The Site or its Agents may assign the rights under these Terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms.