Privacy, Terms of Use, Accessibility & Affiliate Disclosure
Privacy Policy
Last Updated: August 21st, 2021
Please read the following carefully.
THIS STATEMENT PROVIDES GENERAL INFORMATION ABOUT THE PRIVACY STATEMENT OF THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS PRIVACY STATEMENT WITH YOUR PARENTS OR GUARDIAN AND ASK THEM QUESTIONS ABOUT WHAT YOU DO NOT UNDERSTAND.
YOUR USE OF THIS SERVICE CONSTITUTES ACCEPTANCE BY YOU OF THIS PRIVACY STATEMENT.
The byteHive LLC & Alper Real Estate Group ( “we”, “our” and “us”.) has created this privacy statement (“Statement”) in order to demonstrate its firm commitment to the privacy of the details that you provide to us when using www.realwillrodgers.com (“collectively “the website”), as the data controller for the purposes of the relevant Virginia Privacy Act and Sale of Personal Data Act (2020).
At The Alper Real Estate Group, we are committed to maintaining the trust and confidence of all visitors to our website. In particular, we want you to know that the website is not in the business of selling, renting or trading email lists with other companies and businesses for marketing purposes.
We believe your business is no one else’s. Your Privacy is important to you and to us. So, we’ll protect the information you share with us. To protect your privacy, The Alper Real Estate Group follows different principles in accordance with worldwide practices for customer privacy and data protection.
- We won’t sell or give away your name, mail address, phone number, email address or any other information to any third party unneccesarily. Your information may be shared with another real estate agent within the brokerage firm we are licensed with, currently Keller Williams Realty McLean. The purpose of this is to give you the best service possible.
-We also will share what is necessary of your information in order to facilitate a real estate transaction, if you choose to hire us or one of our partner agents in our brokerage to purchase, sell or lease property.
- We ‘ll use state of the art security measures to protect your information from unauthorized users.
Therefore, to provide you with our services we need (and sometimes are obliged by the law) to collect your personal data. This Privacy Policy (the “Policy”) informs Users (a "User", or "You") of our policies regarding the processing of Personal Information we receive from Users of the site
In this Privacy Policy, we’ve provided detailed information on when and why we collect personal information, how we use it, the limited conditions under which we may disclose it to others, and how we keep it secure.
We take your privacy seriously and take measures to provide all visitors and users of the website with a safe and secure environment.
The Personal Information on the site, is collected, controlled and processed by Tolga Alper or other associates of The Alper Real Estate Group collected on behalf of;
The byteHive LLC
Partnered with
The Alper Real Estate Group
Brokered by Keller Wiliams Realty McLean
6820 Elm St., McLean
VA 22101
| United States of America.
Telephone; 571-474-3338
EMAIL: tolga at alperrealestategroup.com
1. INFORMATION WE COLLECT AND OBTAIN
We obtain personal information about you from a variety of sources. This includes personal information you provide to us directly, information we obtain from other sources, and information we gather through automated means.
Information you provide to us. When you visit to use the website or participate in certain services, seek access to certain content or features, or directly correspond with us, we may collect certain types of information from you:
Contact information (such as name, postal address, email address and telephone and/or mobile numbers);
Reviews, comments, and/or surveys on our content; and
Other information you may provide to us when you fill a form, such as through our “Contact Us” feature.
Information obtained from other sources. We may obtain personal information about you in connection with the Services from publicly and commercially available sources and from our affiliates and/or business partners (such as advertising networks or social networking services).
Your Internet Protocol (IP) address;
Device information, including unique identifiers and connection information, including mobile device advertising IDs (e.g., Apple’s IDFA or Google’s AAID) and the means of internet connection (e.g., WiFi connection, ISP) that can identify the physical location of such devices, in accordance with applicable law;
Your device type and settings, software used, browser type and operating system;
Websites or other services you visited before and after visiting the Services (referring URL);
Web pages and advertisements, you view and links you click on within, and what search queries you may have run on, the Services (clickstream);
Viewing behavior, including the content you view, how long you view content, the quality of the service you receive, and advertisements you have been shown or interacted with;
Dates and times you access or use the Services;
Location information, including the city, state and zip code associated with your IP Address, information derived through WiFi triangulation, and precise location information from GPS-based functionality on your mobile apps, with your consent;
Your phone number and mobile carrier details in connection with our mobile app.
2. COOKIES AND SIMILAR TECHNOLOGIES
Cookies are small files that we or others send to and store on or with your computer so that your computer, browser, mobile app or other application can be recognized as unique the next time you access, visit, use or otherwise take advantage of the Services or other media. Cookies may also reflect demographic data pertaining to you or other data linked to information you submit. One use or consequence of cookies is to enable you to receive customized ads, alerts, content, services or information. You are always free to decline any cookies we use by adjusting the settings of your browser, as your browser may permit; however, some products, services or features might not be available or operate properly if cookies are not enabled. Some of our advertisers and third-party service providers may also utilize their own cookies.
In addition, we, our service providers and others sometimes use data-gathering mechanisms on the Services, including without limitation “web beacons”, “clear GIFs”, “pixels” and/or “tags”. These perform statistical and administrative functions, such as measuring site and page traffic, verifying advertising paths, better understanding user interests and activity, gathering related information (such as information relating to a particular browser, device or IP address) and positioning images, and typically do so without detracting from your online experience. Such mechanisms are not necessarily designed to collect Personal Information. In addition, if you have provided your email address, we might use a non-human unreadable form (or “hash”) of your email address to deliver, or facilitate delivery of, relevant advertisements and information to you on or by way of the Services or on or by way of other websites or media, including, for example, popular social media sites and features.
3. HOW WE USE THE INFORMATION WE OBTAIN
We, or service providers acting on our behalf or on behalf of the brokerage in which we are licensed may use the information collected from and about you to:
Provide our services, including authorizing a purchase, or completing a transaction that you requested;
Send promotional materials as well as running Facebook, Instagram & Twitter Ads, alerts regarding available offers and other communications, including text/SMS messages if you provided your mobile number and opted in to receive such messages (for information on our text messaging program, please see our Text/SMS Messaging Program Terms);
Communicate about, and administer participation in, special events, promotions, programs, offers, surveys, contests and market research;
Respond to inquiries from you and other third-parties, including inquiries from law enforcement agencies;
Anonymize or de-identify personal information to provide third parties with aggregated data reports showing anonymized information and other non-personal information;
Provide technical support;
Generate suggestions about the type of content you may enjoy;
Supplement your personal information collected directly from you and/or from automated means with additional information from publicly and commercially available sources, and/or information from our affiliates and our business partners;
Associate your browser and/or device with other browsers or devices you use for the purpose of providing relevant and easier access to content, advertising across browsers and devices, and other operational/business purposes;
Operate, evaluate and improve our business (including developing, enhancing, analyzing and improving our Services; managing our communications; reviewing and processing employment applications, performing data and statistical analytics; and performing accounting, auditing and other internal functions);
Protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities;
Comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our terms of service and other policies; and
In other ways for which we provide specific notice at the time of collection.
4. DISCLOSURE OF YOUR PERSONAL INFORMATION
We may disclose your personal information to selected third parties, including:
• Third party service providers who perform services on our behalf, such as providers of IT and email distribution services, who may use your personal information for the purposes mentioned above;
• Other real estate agents that we partner with in Keller Williams Realty McLean.
• Advisors such as accountants, lawyers, and consultants;
• In the event that we sell or buy any business or assets, the prospective seller or buyer of such business or assets (and their respective advisers), who may use the personal information in connection with the sale or purchase;
• If The Alper Real Estate Group or substantially all of its assets are acquired by a third party, to the relevant third party (and its advisers) who may use the data in connection with the acquisition;
• Analytics providers that assist us in the improvement and optimization of our Websites;
• Lenders, Title Companies or other third parties as deemed necessary to complete your transaction if you hire us to represent you with purchasing, selling or leasing real estate.
• Law enforcement agencies or other third parties for the purposes described below.
•Other service providers with your permission including, but not limited to, contractors, out of state real estate agents and other professionals, for example if you request real estate services in another state.
We may also disclose your personal information to third parties if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our Website Terms of Use, our Terms and Conditions and other agreements, or to protect the rights, property, or safety of The Alper Real Estate Group, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud detection and protection and credit risk reduction.
5. HOW WE HOLD AND PROTECT YOUR PERSONAL INFORMATION
How we keep your personal information secure
We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on secure servers.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
6. OUR RETENTION OF YOUR PERSONAL INFORMATION
The periods for which we keep your information depend on why your information was collected and what we use it for. We will not keep your personal information for longer than necessary other than for our business purposes or for legal requirements.
7. WHAT ARE YOUR RIGHTS TO YOUR DATA?
All Your Personal Information we collect will always belong to you. However, we are a collector and a processor of Your Personal Information. That implies on us obligations to respect your rights to Personal Information and facilitate the exercise of your rights thereto. In order to use any of your rights at any time please contact us and we will facilitate the exercise of your rights free of charge. We will inform you on the actions taken by us under your request as soon as practically possible, but in any case, not later than in 30 (thirty) calendar days.
In accordance with effective regulations, you have a significant number of rights related to your Personal Information, such as e.g.:
Right to access. You may obtain from us the confirmation as to whether or not personal data concerning you is being processed and get an access to such personal data. You are entitled to view, amend, or delete the personal information that we hold. Email your request to our data protection office at (will at alperrealestategroup dot com) and we will work with you to remove any of your personal data we may have.
Right to rectify your inaccurate Personal Information and to have incomplete personal data completed, including by means of providing a supplementary statement
Right to erase your Personal Information. Please note that a request to erase your Personal Information will also terminate your account on the Site. We will automatically and without undue delay erase your Personal Information when it is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
Right to restrict processing of your Personal Information;
Right to data portability. You may obtain from us the personal data concerning you and which you have provided to us and transmit it to another Personal Information Controller;
Right to object to processing of Your Personal Information,
Right to withdraw your consent to the usage of your Personal Information at any time
Right to lodge a complaint. We take privacy concerns seriously. If you believe that we have not complied with this Privacy Policy with respect to your Personal Information, you may contact us. We will investigate your complaint promptly and will reply you within 30 (thirty) calendar days.
8. ANALYTICS
When someone visits the website, we use a third-party service, Google Analytics, to collect standard internet log information and details of visitor behavior patterns. We do this to track things such as the number of visitors to the various parts of the site and interactions with the site. This information is processed in a way which does not identify anyone. We do not make and do not allow Google to make, any attempt to find out the identities of visitors to our website.
9. SECURING PRIVACY
To transfer data between our websites, our applications and backends, communication is encrypted using the SSL (Secure Socket Layer) encryption. We protect the systems and processing by a series of technical and organizational measures. These include data encryption, pseudonymization and anonymization, logical and physical access restriction and control, firewalls and recovery systems, and integrity testing. Our employees are regularly trained in the sensitive handling of personal data and are obliged to observe data secrecy in accordance with legal requirements.
10. MINORS
We do not knowingly gather or otherwise process personal data of minors under the age of 18. If we notice that one of our users/visitors is a minor we will immediately take steps to remove their information. If you believe we have processed or still hold information on minors, please send us an email at (will at alperrealestategroup dot com) and we’ll remove it A.S.A.P.
The website is not intended to be used by anyone under the age of 18.
11. CHANGES IN THE PRIVACY STATEMENT
The effective date at the top of this page indicates when this Privacy Statement was last revised. We will notify you before any material change takes effect so that you have time to review the changes. Any change is effective when we post the revised Privacy Statement. Your use of the Services following these changes means that you accept the revised Privacy Statement.
Terms of Use
This agreement is between you the [“User” or “you” or “Buyer” or “Seller”] and The Alper Real Estate Group (Collectively, “we”, “our” and “us”.)
If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between The Alper Real Estate Group and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.
Therefore, the use of www.realwillrodgers.com (collectively, the “site” or “website”) operated by The Alper Real Estate Group and The byteHive LLC, is subject to the following terms and conditions. The Alper Real Estate Group reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.
1. USAGE
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify The Alper Real Estate Group for any losses, costs or damages, including reasonable legal fees, incurred by The Alper Real Estate Group in relation to, or arising out of, such a breach.
2. ABOUT OUR SERVICES
We operate the website and carries on its business activities in Virginia, United States. We are a trusted Real Estate group and our site provides information to buyers and sellers of real estate to make good information when dealing with real estate. To effectively carry out its business activities, The Alper Real Estate Group & The byteHive LLC has created www.realwillrodgers.com, (“The site or Website”).
Our services include the following;
• Online home search.
• Links to resources related to real estate, homes and real estate sales, including affiliate links in which we make a commission.
• Connecting purchasers and sellers to one of our partner real estate agents within our network.
• Real estate services to assist sellers to sell properties.
• Real estate services to help purchasers obtain properties.
• Content for people looking to buy, sell or invest in real estate.
• General real estate content related to properties, areas and amenities.
• Content for real estate agents.
3. APPLICABILITY
"These general terms and conditions (the "Conditions") apply to:
(a) The use of any information, pictures, documents and/or other services offered by us via (our “Website”);
4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website provides links to external internet sites. We hereby declare explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. We shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
5. INFORMATION ON THE WEBSITE
The information on the Website is for general information purposes only and does not constitute advice. Even though we have composed this Website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. We do not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.
To the maximum extent permitted under applicable law, we shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any willful misconduct or from gross negligence on our part.
We shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
6. INTELLECTUAL PROPERTY
All brand names, logo, product names and titles used on the Website are trademarks or trade names of The Alper Real Estate Group and/or The byteHive LLC or third-party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to The Alper Real Estate Group and/or The byteHive LLC and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.
7. DATA PRIVACY
We collect and processes your personal data according to the privacy and cookie notice. Please familiarize yourself with our Privacy policy displayed at the bottom of our webpage.
8. UNSOLICITED IDEAS
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.
To the maximum extent permitted under applicable law, you hereby indemnify and hold The Alper Real Estate Group and The byteHive LLC harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
9. SIGNING UP.
To use and enjoy the full range of services we provide, we may require you to register an account with us. Your Account is for your individual personal use only, and you may not authorize others to use your account for any purpose. In creating your account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
10. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11. INDEMNIFICATION.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless The Alper Real Estate Group and The byteHive LLC, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “The Alper Real Estate Group and The byteHive LLC”), from and against all actual or alleged Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify The Alper Real Estate Group and/or The byteHive LLC of any third-party Claims and cooperate with the The Alper Real Estate Group and/or The byteHive LLC Parties in defending such Claims. You further agree that the The Alper Real Estate Group and/or The byteHive LLC Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
12. NO WARRANTIES
This website is provided “as is” without any representations or warranties, express or implied. Will Rodgers Homes makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
this website will be constantly available, or available at all; or that
the information on this website is complete, true, accurate or non-misleading. It is deemed to be accurate but not guaranteed.
The content will be relevant for your state or country.
13. LIMITATIONS OF LIABILITY
We, will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if we have been expressly advised of the potential loss
14. DISCLAIMERS.
Your access to and use of the Services and content provided on www.realwillrodgers.com are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (The Alper Real Estate Group and/or The byteHive LLC are founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from The Alper Real Estate Group and/or The byteHive LLC or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the The Alper Real Estate Group and The byteHive LLCis not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Alper Real Estate Group and/or The byteHive LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US EXCEED THE AMOUNT PAID FOR SUBSCRIPTION. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.
15. CHANGES
If we decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
16. GOVERNING LAW AND JURISDICTION
This general terms and conditions in relation to the use of www.realwillrodgers.com is hereby governed by, and constructed and enforced in accordance with the laws of Virginia. The competent courts in Virginia, shall have the exclusive jurisdiction to resolve any dispute between you and The Alper Real Estate Group or The byteHive LLC
17. The Alper Real Estate Group and The byteHive LLC are brokered by Keller Williams Realty in McLean, VA.
18. The Alper Real Estate Group, Tolga Alper and The byteHive LLC comply with all applicable fair housing laws at both the national and state level (Virginia).
19. Tolga Alper is a member of the National Association of Realtors®, and the Northern Virginia Association of Realtors®.
COPYRIGHT NOTICE
The Site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The Site’s DMCA Notice Procedures are set forth in the preceding paragraph. If the Notice does not comply with §512 of the DMCA but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When the Designated Agent receives a valid Notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
COPYRIGHT NOTICE
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing The Alper Real Estate Group and/or The byteHive LLC content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C, 512 (c) and as specifically applicable to users from the United States.
If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part (ii) is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
The Rights Holder’s signature or electronic signature.
DMCA COUNTER-NOTIFICATION PROCEDURE
If the Recipient of a Notice of Claimed Infringement believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) & (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the Site relating to the actions taken in response to the counter-notification.
To submit a counter-notification, please provide Our Designated Copyright agent the following information:
(a) a specific description of the material that was removed or disabled pursuant to the Notice;
(b) a description of where the material was located within the Site or the content (as defined within the Site’s Terms & Conditions or User Agreement) before such material was removed and/or disabled (preferably including specific url’s associated with the material);
(c) a statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
(d) the Recipient's physical address, telephone number, and email address; and,
(e) a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.
All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded by WILL RODGERS HOMES.
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