Thank you for visiting the Kachina Properties website www.globemiamihomes.com ("Site").
These Terms of Use ("Terms") govern how you may access and use the Site and your responsibilities when doing so. KACHINA PROPERTIES's Privacy Policy explains how KACHINA PROPERTIES may use any personal information shared by you. By accessing www.globemiamihomes.com, you agree to these Terms and KACHINA PROPERTIES's Privacy Policy, so please take a moment to carefully review these documents. If you are accessing this Site on behalf of an organization, then you agree to these Terms and the Privacy Policy on behalf of that organization. If you do not agree to these Terms, you may not use this Site.
Other sections of the Site may have additional rules and regulations that are specific to that particular section and will be accessible to you in such sections.
Modifications
KACHINA PROPERTIES may modify these Terms from time to time. Any modifications to the Terms will be effective once posted to the Site. If you access or use the Site after the Terms have been modified, your continued access and use will constitute acceptance of all modifications.
KACHINA PROPERTIES's Content and Intellectual Property
Any information or content shared on the 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.
KACHINA PROPERTIES or its partners created the text, images, video, graphics, content, and materials ("Materials") available through the Site. All Materials are protected by all applicable copyright and trademark laws. KACHINA PROPERTIES or the party credited owns the Materials, and all rights in the Materials are expressly reserved.
E-mails
You may have the opportunity to provide your email address to KACHINA PROPERTIES. If you share your e-mail address with KACHINA PROPERTIES through the Site, KACHINA PROPERTIES may send e-mails to you about a variety of subjects, such as updates to the Site or KACHINA PROPERTIES's products, services, events and programs. By providing your e-mail address to KACHINA PROPERTIES, you consent to receiving these e-mails from KACHINA PROPERTIES. You will have the option of unsubscribing from KACHINA PROPERTIES's e-mail list(s) through a link included in KACHINA PROPERTIES's e-mails.
Third-Party Links
This Site includes links to websites that are not owned or operated by KACHINA PROPERTIES. These links are provided as a convenience and do not constitute KACHINA PROPERTIES's endorsement of the linked-to website or its owner. Please be aware when you leave the Site because KACHINA PROPERTIES'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 KACHINA PROPERTIES has no control over.
SITE PROVIDED "AS IS"
KACHINA PROPERTIES hopes your visit to the Site is informative and entertaining; however, there are certain things that KACHINA PROPERTIES cannot guarantee. THIS SITE IS PROVIDED BY KACHINA PROPERTIES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. KACHINA PROPERTIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF WWW.GLOBEMIAMIHOMES.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KACHINA PROPERTIES DISCLAIMS 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 KACHINA PROPERTIES, ITS 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. KACHINA PROPERTIES SHALL ALSO NOT 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 KACHINA PROPERTIES HAS 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.
Termination
You may stop using the Site at any time. KACHINA PROPERTIES may suspend or terminate the Site at any time at KACHINA PROPERTIES's discretion and without notice. KACHINA PROPERTIES may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, KACHINA PROPERTIES may terminate your access to this Site if you are not complying with these Terms or if KACHINA PROPERTIES determines that you are a repeat infringer of third-party intellectual property rights.
Digital Millennium Copyright Act ("DMCA")
KACHINA PROPERTIES respects the intellectual property rights of others and expects you to do the same. Per the DMCA, KACHINA PROPERTIES will respond expeditiously to claims of copyright infringement on the Site if submitted to KACHINA PROPERTIES's as described below. Upon receipt of a notice alleging copyright infringement, KACHINA PROPERTIES 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 KACHINA PROPERTIES or by a third party who has uploaded materials to the Site, please provide the following information to KACHINA PROPERTIES's designated 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 KACHINA PROPERTIES can contact you and, if different, an e-mail address where the alleged infringing party, if not KACHINA PROPERTIES, 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.
KACHINA PROPERTIES may request additional information before removing any allegedly infringing material. In the event KACHINA PROPERTIES removes the allegedly infringing materials, KACHINA PROPERTIES will immediately notify the person responsible for posting such materials that KACHINA PROPERTIES removed or disabled access to the materials. KACHINA PROPERTIES may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
KACHINA PROPERTIES reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact KACHINA PROPERTIES. Please include sufficient information to assist KACHINA PROPERTIES in determining that the user repeatedly engaged in infringing activity.
Governing Law
These Terms are governed by the laws of the State of Arizona, without reference to conflicts of laws. Regardless of your location, any disputes that arise under these Terms will be litigated before a court in Gila County, Arizona.
Entire Agreement
These Terms constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. These Terms create no third party beneficiary rights.
Miscellaneous
KACHINA PROPERTIES's or your failure 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. KACHINA PROPERTIES may assign its 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.