Terms of Use

Your use of the website located at www.mcwhinney.com (the “Site”) is governed by these Terms of Use. Please read the Terms of Use carefully. By accessing the Site or downloading any materials from the Site, you agree to these Terms of Use. If you do not agree to them, do not use the Site or download any materials, and exit the Site immediately. These Terms of Use are in addition to any other agreement between you and McWhinney Real Estate Services, Inc. (“McWhinney”) including those relating to any of the information or materials available via the Site.

Authorized Use. Use of the Site is for informational purposes only. McWhinney is not responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics or any other materials (collectively, the “Content”) transmitted or made available via the Site. McWhinney is not responsible or liable for any decisions made in reliance on such information.

Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by McWhinney to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by McWhinney, or (vii) for any use other than the purpose for which it was intended, is prohibited.

Site Content. All content accessible within the Site (including without limitation, the “look and feel” of the Site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties.

You may not (i) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Site content; (ii) frame or deep-link to the Site; or (iii) use meta tags or any other hidden text utilizing our or our content providers’ trademarks or service marks on or in connection with another domain name or Site. The only exception to this is that you may print out a copy of pages solely for your personal use. In so doing, you agree that you will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of the Site content.

All names, logos and trademarks are the property of McWhinney, its affiliates, related companies or its licensors or joint venture partners. McWhinney’s trademarks and brand names may be used only as stated in these Terms of Use or with prior written permission from McWhinney.

Submissions. No questions, comments, suggestions, information, ideas, concepts, photographs, graphics or other materials, whether oral, written or electronic (collectively, “submissions”), will be considered or treated as confidential information. Accordingly, do not submit or send any submission to us that you consider contains confidential or proprietary information. Any submission, or any other content of any sort transmitted by you, other than personal data which is covered by our Privacy Policy, will be considered non-confidential and non-proprietary and McWhinney will not be subject to any restrictions or obligations with regard to it.

Privacy. Unless otherwise addressed in these Terms of Use, your use of the Site is subject to McWhinney’s Privacy Policy. It is important that you read and understand the terms of the Privacy Policy. McWhinney may cooperate with and disclose information to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from illegal action or infringement, whether related or unrelated to your use or misuse of the Site.

Violations. McWhinney reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or account. McWhinney may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by McWhinney’s Privacy Policy, McWhinney reserves the right at all times to disclose any information as McWhinney deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in McWhinney’s sole discretion.

Third Party Web Sites. In some instances, the Site may reference or link to third party web sites. Should you choose to visit those web sites, please remember that McWhinney is not responsible for their content, their terms of use, or their privacy policies. We encourage you to read and review the terms of use and other legal terms and policies of all web sites you visit. You understand that McWhinney will not be liable to you in respect of any loss or damage which you may suffer by using those web sites. You agree that you will not involve McWhinney in any dispute between you and a third party.

Indemnity. You agree to indemnify and hold McWhinney, and its owners, partners and affiliates, and their respective officers, directors, employees, representatives, contractors and agents (collectively, the “Indemnified Parties”) harmless from any actions, liability, loss, claim, damage or expense, including attorneys’ fees and expenses, related to your (i) use of the Site, (ii) violation of these Terms of Use, or (iii) reliance on any of the materials or information or other content available via the Site.

Disclaimer. McWhinney makes no representation or warranties, express or implied, with respect to the accuracy or completeness of the content, information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site. To the extent permitted by applicable law, everything on the Site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, habitability, or non-infringement. You acknowledge that any reliance upon the Site or the information, material, systems, services or products contained or discussed therein shall be at your sole risk. To the extent permitted by applicable law, in no event will any Indemnified Party be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the Site or the use or reliance upon, any of the content or any information accessed from the Site. In no event will the collective liability of the company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed one thousand dollars ($1,000). Additional disclaimers may appear from time to time within the body of the Site and are incorporated herein by reference.

No Investment Advice. None of the information provided through the Site constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information contained or provided through the Site are your sole responsibility and at your own risk.

Nothing on or in the Site shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through the Site are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial or legal advice for their particular situation.

No Offer. This content posted on the Site is provided solely for informational purposes. This Site is not intended to be, and does not constitute, an offer for the sale, purchase or lease of real property. Except for your agreement to abide by these Terms of Use, nothing in this Site or your use of the content contained herein shall be interpreted as giving rise to or forming the basis of a contract, commitment or obligation.

Real Property Disclaimers / Disclosures. All information posted on this Site is subject to change without notice. The information and materials contained in this Site regarding individual developments, including photographs, renderings, plans, prices, facilities, land uses, improvements, amenities, dimensions, specifications, views, scenes, materials and availability, are proposed, are conceptual only and are subject to change, modification or cancellation without notice or obligation. Scenes, pictures, drawings, illustrations and/or views shown may be artist renderings and may be locations or activities not on, or related to, the property or development. Actual views may vary, and views described or depicted cannot be relied upon as the actual view from any proposed unit, home, lot, amenity or other improvement or area. Maps are not to scale and are for relative location purposes only. There is no guarantee that the facilities, services, features, amenities, improvements, views, scenes or specifications described, shown or depicted within the Site will be constructed or otherwise provided, and if constructed or provided, that they will be of the same type, style, size or nature as described or depicted. Ownership of a residence in a development community does not guarantee access to, or the right to use, amenities, such as clubs or marinas, which may require the purchase of separate memberships and may be subject to other conditions on use. Certain amenities may not be complete and completion is neither warranted nor guaranteed.

Governing Law. If you use the Site and a dispute results relating to your use, the dispute will be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. If you take legal action relating to these Terms, you agree to file such action only in state court in Denver County, Colorado, or federal court within the U.S. District Court for the District of Colorado, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

Definitions. When we say “we” or “us” or “McWhinney” in these Terms, we mean McWhinney Real Estate Services, Inc., our affiliates and those agents we use to provide services on our behalf. When we say “Site”, we mean www.mcwhinney.com and all other websites developed, owned or maintained by McWhinney and its affiliates.

Other. McWhinney reserves, in its sole discretion, the right to revise these Terms of Use at any time by updating this posting and to monitor and remove postings and/or discontinue Site availability, at any time without notice.

If any term, condition, or provision of these Terms of Use is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

If you have any questions, complaints or comments regarding this Site, you may contact us at info@mcwhinney.com.