TERMS AND CONDITIONS

This website (the “Site”) is published and maintained by Callenders Realty, LTD (trading as Albany Realty). Callenders Realty, LTD (trading as Albany Realty) will not collect personal data (name, address, phone number, email address) through this website unless you provide it voluntarily. If you provide personal data, we may use it to better understand your needs and to improve our products and services. We may use that data to provide you with information you have requested from us and to contact you. We may provide third parties with aggregate (not individual) information about visitors to our Site. We will not sell, rent or market personal data to third parties.

In some cases, we may automatically collect technical information when you connect to our website. Such information (typically the internet browser and computer operating system you are using) is not personally identifiable. We may store some information in your computer in the form of a “cookie.” Cookies let us tailor our website to your interests and preferences. Refer to your internet browser for information about how to erase or block cookies.

Callenders Realty, LTD (trading as Albany Realty) has no intention of collecting any personal data from children under 13 years of age and does not knowingly solicit data from, or market to, children under 18 years of age. Parents should be aware that our privacy policy will govern our own collection and use of personal data. However, information voluntarily given by children in chat sessions, email exchanges, bulletin boards, etc., may be used by other parties to generate unsolicited email. We encourage all parents to instruct their children in the safe and responsible use of their personal data while on the internet.

All materials on this Site, including but not limited to its design, text, audio, images, software, video clips, and the look and feel of the Site (the “Content”), are protected by copyright under applicable copyright laws. Except as specified herein, you may not use or copy the Content in any manner. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, Callenders Realty, LTD (trading as Albany Realty) is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate applicable copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

You may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including, but not limited to, any text, images, audio and video. In complying with these terms, Callenders Realty, LTD (trading as Albany Realty) grants you a non exclusive, non transferable, limited right to enter, display and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Any communications or materials sent to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like are, and will be treated as non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Callenders Realty, LTD (trading as Albany Realty) uses such material. Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by Callenders Realty, LTD (trading as Albany Realty) anywhere in the world, in any medium, forever. Without any compensation to you, Callenders Realty, LTD (trading as Albany Realty) is free to use any concepts, ideas, know how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you understand that we are not obligated to use any such ideas or materials and you have no right to compel such use. You are aware that Internet transmissions cannot be guaranteed as completely private or secure. Any message or information you send to this Site might be read or intercepted by others unless a particular message is encrypted.

This Site may contain links to other internet sites. Callenders Realty, LTD (trading as Albany Realty) provides such links for your convenience only, and is not responsible for the content of any linked site or their privacy practices. Links from this Site to any other site do not mean that we approve of, endorse or recommend that site.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, CALLENDERS REALTY, LTD (TRADING AS ALBANY REALTY) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE. While we continually inspect the Site for accuracy and timeliness, we cannot guarantee accuracy, completeness or timeliness of all information contained herein. We reserve the right to change, correct or improve this Site at any time without notice.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CALLENDERS REALTY, LTD (TRADING AS ALBANY REALTY)’S NEGLIGENCE, SHALL CALLENDERS REALTY, LTD (TRADING AS ALBANY REALTY) BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN, THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF CALLENDERS REALTY, LTD (TRADING AS ALBANY REALTY) OR ANY AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISTICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CALLENDERS REALTY, LTD (TRADING AS ALBANY REALTY)’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00 OR ANY AMOUNT PAID BY YOU ANNUALLY TO USE THE SITE, WHICHEVER IS LESSER. You agree to indemnify, defend and hold Callenders Realty, LTD (trading as Albany Realty) and all of its agents, directors, employees, information providers, licensors and licensees, officers and affiliated companies, (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms or the foregoing representations, warranties and covenants. You agree to cooperate as fully as reasonably required in their defense of any claim. Callenders Realty, LTD (trading as Albany Realty) reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without their written consent.

These terms and any additional terms posted on this Site together constitute the entire agreement between Callenders Realty, LTD (trading as Albany Realty) and you with respect to your use of this Site. With respect to your use of this Site, any cause of action you may have must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these terms shall continue in full force and effect.

BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOU CONSENT TO THE COLLECTION AND USE OF PERSONAL INFORMATION AS DESCRIBED ABOVE. Should you click on links that take you to third-party websites, you will be subject to their privacy policies.