Terms of Use

Welcome to the Barker Realty Web Site (“Web Site"). The goal of this site is to provide you with access to comprehensive residential real estate products/services and related links to meet your needs (the “Content”). Please read these Terms of Use ("Terms") carefully before continuing on with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to these Terms. The Terms are meant to protect all of our Web Site visitors, and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.

Barker Realty (“We,” “Us,” “Our”) reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations, or updates, you agree to be bound by such revised Terms.

In accordance with our goals, this Web Site will permit you to link to other Web sites that may or may not be affiliated with this Web Site and/or Barker Realty and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such sites through links provided on this Web Site is governed by the terms of use and policies of those sites, not this Web Site.

PRIVACY

Registration data and certain other information about you are subject to our Privacy Policy. For more information, please review that policy.

TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS

This Web Site is controlled and operated by

Barker Realty
530 South Guadalupe Street
Santa Fe, New Mexico 87501 USA
telephone: 800.586.1032

All content on this Web Site, including but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes) and is owned and controlled by Barker Realty or by third-party content providers, merchants, sponsors, and licensors (collectively, "Providers") that have licensed their content or the right to market their products and/or services to Barker Realty. Content on this Web Site or any Web site owned, operated, licensed, or controlled by the Providers is solely for your personal, noncommercial use. You may print a copy of the Content and/or information contained herein only for your personal, noncommercial use, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Barker Realty or the Providers. You may request consent by faxing a request to the attention of Warren R. Sacks at 505.986.0097. Without the prior written consent of Barker Realty or the Providers, your modification of the Content, use of the Content on any other Web site or networked computer environment, or use of the Content for any purpose other than personal, noncommercial use violates the rights of the owners of Barker Realty and/or Provider copyrights, trademarks, or service marks and other proprietary rights and is prohibited. As a condition of your use of this Web Site, you warrant to Barker Realty that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or material in violation of the Acceptable Use Policy of the Web Site hosting service provider, which can be accessed at NEED URL HERE. If you violate any of these Terms, your permission to use our Web Site terminates immediately and without the necessity of any notice. Barker Realty retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your Web site any trademarks, service marks, or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another Web site any of the Content or other materials on this Web Site without prior written consent of Barker Realty.

PROHIBITED ACTIVITIES

You are specifically prohibited from any use of this Web Site, and agree not to use or permit others to use this Web Site, to

(a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques
(b) disclose or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose
(c) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site
(d) upload, post, e-mail, or otherwise transmit any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships
(e) violate any applicable local, state, national, or international law, including but not limited to any regulations having the force of law
(f) use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor, or copy our Web Site pages or the Content without our prior written permission, provided that generally available third-party Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.

LINKS

This Web Site may contain links to other Web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only, and you access them at your own risk. The content of any Linked Sites is not under Barker Realty's control, and Barker Realty is not responsible for, and does not endorse, such content, whether or not Barker Realty is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your Web site by Barker Realty or its affiliates or Providers.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES THAT, UNDER U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, BARKER REALTY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BARKER REALTY NOR ITS RELATED ENTITIES NOR THE PROVIDERS NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANTS THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. BARKER REALTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE OR THE RELIABILITY, ACCURACY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT BARKER REALTY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER BARKER REALTY NOR ITS RELATED ENTITIES (INCLUDING ITS PROVIDERS, ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS) NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS WEB SITE IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE (INCLUDING WITHOUT LIMITATION USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE). BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BARKER REALTY AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE; ERROR; OMISSION; INFORMATION OR DATA THAT MAY BE INCORRECT OR OUTDATED; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION; COMPUTER VIRUS; THEFT; DESTRUCTION; UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS; OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS, OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BARKER REALTY IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, BARKER REALTY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Barker Realty, the Providers, the Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

THIRD-PARTY RIGHTS

These Terms are for the benefit of Barker Realty, its Providers, the Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

JURISDICTIONAL ISSUES

Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by Barker Realty from its offices in Santa Fe, New Mexico. Barker Realty makes no representation that the Content of its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent that local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by and construed and enforced in accordance with the laws of the State of New Mexico as they are applied to agreements entered into and to be performed entirely within such state. Any action you, any third party, or Barker Realty brings to enforce these Terms or in connection with any matters related to this Web Site shall be brought only in either the state or federal courts located in and for Santa Fe County, New Mexico, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

The provisions and conditions of these Terms and each obligation referenced herein represent the entire Agreement between Barker Realty, its related entities, and you and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or understanding shall prevail.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BARKER REALTY.

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