Introduction

The use of this site, scottsdalerealestate.com, referenced in these Terms and Conditions and the Privacy Policy as the “site” is governed by the policies, terms and conditions set forth below ("Terms and Conditions of Use"). Please read them carefully. Your use of this site indicates your acceptance of these Terms and Conditions of Use. Your submittal of any personal information to Donald Austin Matheson, indicates acceptance of these Terms and Conditions of Use and the acknowledgement that you have read, understood, and agreed to the Privacy Policy contained in this site. Donald Austin Matheson, PLC. reserves the right to make changes to this site, these Terms and Conditions of Use and Privacy Policy at any time at any time.

Copyright and Trademark Notices

All contents and graphics on this site are copyrights of Donald Austin Matheson, except where noted, and Donald Austin Matheson, PLC retains all the copyrights applicable to that content. All the logos in the site are trademarks of Donald Austin Matheson, PLC. Other products and company names mentioned in the site may be the trademarks or tradenames of their respective owners.

Disclaimer of Warranties

THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DONALD AUSTIN MATHESON, MAKES NO WARRANTY OF ITS ACCURACY AND RESERVES THE RIGHT TO MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DONALD AUSTIN MATHESON, DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DONALD AUSTIN MATHESON, DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DONALD AUSTIN MATHESON, DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.

Donald Austin Matheson, will not be liable for

The contents of any communication, message, or information provided to Donald Austin Matheson, by you or other third parties; the contents of any website not controlled, owned, or operated by Donald Austin Matheson, that is accessed from or linked to this website by direct or indirect means; any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and any direct, indirect, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use this website, even if Donald Austin Matheson, has been advised of the possibility of such damages. If certain states do not allow, or restrict the scope of, the limitation of liability for consequential or incidental damages, the above may not apply to you.

Indemnification

You agree to indemnify and hold Donald Austin Matheson, PLC., its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of this website; (b) any alleged breach of these Terms and Conditions of Use.

Limited License
This website is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the system, the site scottsdalerealestate.com, website as a whole software, products or services obtained from or available as part of or in conjunction with this system. You are granted a non-exclusive, and non-transferable license to use this system only under these Terms and Conditions of Use.

This license is not a sale of any of the owner's rights. The Donald Austin Matheson, PLC. website may be used only by you, and you may not rent, lend, or transfer the website or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial or material part of the site. You may not transfer to or store any data residing or exchanged over the site in any electronic network for use by more than one user unless you obtain prior written permission from Donald Austin Matheson, PLC.

Law

The Terms and Conditions of Use are governed by the laws of the State of Arizona, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and Donald Austin Matheson, or its affiliates.

This site is operated by Donald Austin Matheson, from the State of Arizona, United States of America. Donald Austin Matheson, makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms and Conditions of Use are governed by internal Arizona and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Maricopa County, Arizona. Use of this site is unauthorized in any jurisdiction that will not give effect to all provisions of these Terms and Conditions of Use, including without limitation, those provisions this paragraph.

Remedies

Given the nature of these terms, you understand and agree that, in addition to money damages, Donald Austin Matheson, will be entitled to equitable relief upon a breach of them by you.

Waiver

No waiver by Donald Austin Matheson, is a waiver of any proceeding or subsequent breach of any provision.

Survival of Provisions

Each provision of the Terms and Conditions of Use shall be construed as separately applying and surviving even if for any reason one or another of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms and Conditions of Use are severable and construed to the extent of their enforceability in light of the parties' mutual intent if any portion is held to be unenforceable by the competent court.

Entire Agreement

We intend that these Terms and Conditions of Use and the Privacy Policy included in this site constitute the entire agreement between Donald Austin Matheson, PLC. and you. Any changes to these Terms and Conditions of Use between Donald Austin Matheson, and you.

Contact Information

Contact Us if you have any questions concerning this site or its policies.

© 2007 Copyright Donald Austin Matheson, PLC. All Rights Reserved.
Last Updated January 2007.