By accessing or using monsonluxurygroup.com (the "Site"), you agree to be bound by these terms and conditions. Russ Lyon Realty d/b/a Russ Lyon Sotheby's International Realty, Monson Luxury Group, and/or any other related or affiliated entities and individuals providing information and services on the Site (collectively and individually, "Russ Lyon Sotheby's International Realty"), provide the information and services on this Site to you, the user, upon your acceptance, acknowledgement and agreement, without modification or reservations, to the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices. The information and services offered on this Site are provided with the understanding that Russ Lyon Sotheby's International Realty and Monson Luxury Group is in no way engaged to render legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. Russ Lyon Sotheby's International Realty and Monson Luxury Group assume no responsibility for any consequences relating directly or indirectly to any action or inaction that you take based on the information, services or other materials on this Site. While Russ Lyon Sotheby's International Realty and Monson Luxury Group strives to keep the information on this Site accurate, complete and up-to-date, Russ Lyon Sotheby's International Realty and Monson Luxury Group cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

Personal Use Limitations

You may access, download and print materials on this Site for your personal use only. You may not modify, display, perform, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by Russ Lyon Sotheby's International Realty and Monson Luxury Group, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. All photos are licensed by Monson Luxury Group at Russ Lyon Sotheby's International Realty but are owned by the photographer. It is expressly prohibited to copy, use, manipulate or publish any photos from this site without the written consent Monson Luxury Group and the photographer. Except with the written permission of Russ Lyon Sotheby's International Realty and Monson Luxury Group, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

Proprietary Rights

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted by Russ Lyon Sotheby's International Realty, Monson Luxury Group and/or its related and affiliated companies, and all rights are reserved. No reproduction, distribution or transmission of the copyrighted materials at this Site is permitted without the written permission of Russ Lyon Sotheby's International Realty, Monson Luxury Group and/or its related and affiliated companies.

No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to Russ Lyon Sotheby's International Realty and Monson Luxury Group that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

Liability Disclaimer

You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, Russ Lyon Sotheby's International Realty and Monson Luxury Group are not responsible for those costs. The information, software, products, and services published on this Site may include inaccuracies or typographical errors. Changes are periodically added to the information contained herein. Russ Lyon Sotheby's International Realty and Monson Luxury Group may make improvements and/or changes to this Site at any time without notice.

All information, products, and services are provided "as is" without warranty of any kind. In no event shall Russ Lyon Sotheby's International Realty or Monson Luxury Group be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of this Site or with the delay or inability to use this Site, or for any information, products and services obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, strict liability or otherwise, even if Russ Lyon Sotheby's International Realty and Monson Luxury Group have been advised of the possibility of damages.

You agree to indemnify, defend and hold harmless Russ Lyon Sotheby's International Realty and Monson Luxury Group from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this agreement.
 

Statutory Disclosures

With respect to any public offerings or sale of estate securities made or promoted on this Site, Russ Lyon Sotheby's International Realty makes the following disclaimers required under New York law:

    (i) The Sponsor And Principal(S) Taking Part In The Public Offering Or Sale Are Not Incorporated In, Located In, Or Resident In The State Of New York;
    (ii) The Offering Is Neither Made In The State Of New York Nor Made To The Residents Of The State Of New York;
    (iii) The Offering Is Not Directed To Any Person Or Entity In The State Of New York By, Or On Behalf Of, The Offeror Or Anyone Acting With The Offeror’s Knowledge; And
    (iv) No Offering Or Purchase Or Sale Of The Security Shall Take Place As A Result Of This Offering, Until All Registration And Filing Requirements Under The Martin Act And The Attorney General’s Regulations Are Complied With; A Written Exemption Is Obtained Pursuant To An Application Is Granted Pursuant To And In Accordance With Cooperative Policy Statements #1 Or #7; Or A "No-Action" Request Is Granted.

Links to Third-Party Sites

This Site may contain hyperlinks to websites operated by parties other than Russ Lyon Sotheby's International Realty and Monson Luxury Group. Such hyperlinks are provided for your reference only. Russ Lyon Sotheby's International Realty and Monson Luxury Group do not control such websites, and is not responsible for their contents. Russ Lyon Sotheby's International Realty and Monson Luxury Group's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because Russ Lyon Sotheby's International Realty and Monson Luxury Group's privacy policy is applicable only when you are on the Site, once linked to another website, you must read that website’s privacy policy before disclosing any personal information.

Terminating the site

Russ Lyon Sotheby's International Realty and Monson Luxury Group retain the right at any time to discontinue, modify or temporarily or permanently terminate the Site with or without notifying you. If Russ Lyon Sotheby's International Realty or Monson Luxury Group discontinues, modifies or terminates the Site in whole or in part, Russ Lyon Sotheby's International Realty and Monson Luxury Group will not be liable to you or any third party for such discontinuance, modification or termination.

Changes to Site

Russ Lyon Sotheby's International Realty and Monson Luxury Group may make improvements or changes to the information, services, products and other materials on this Site, or terminate this Site, at any time without notice. Russ Lyon Sotheby's International Realty and Monson Luxury Group may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified agreement.

Viruses; Destruction of the Site

You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs intended to or which does interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including Russ Lyon Sotheby's International Realty or Monson Luxury Group systems. You also agree not to interfere with the servers or networks connected to the Site or to disobey any requirements, procedures, policies or regulations of networks connected to the Site. Any attempt by a user to deliberately damage the Site or to undermine the operation of any aspect or component of the Site constitutes a violation of criminal and civil laws.

Communications on the Site

Although Russ Lyon Sotheby's International Realty and Monson Luxury Group may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like which may appear from time to time on the Site, Russ Lyon Sotheby's International Realty and Monson Luxury Group is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such communications on the Site. You are prohibited from posting or transmitting any inaccurate, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Russ Lyon Sotheby's International Realty and Monson Luxury Group will fully cooperate with any law enforcement authorities or court order requesting or directing them to disclose the identity of anyone posting any such information or materials.

Trademarks

All of the trademarks, logos and service marks (collectively referred to as the "Trademarks") displayed on the Site are registered or unregistered trademarks of Russ Lyon Sotheby's International Realty, Monson Luxury Group or of third parties who have authorized their use by Russ Lyon Sotheby's International Realty or Monson Luxury Group. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks displayed on the Site without the written permission of Russ Lyon Sotheby's International Realty, Monson Luxury Grup or the owner of the Trademarks. Your misuse of the Trademarks or any other content displayed on the Site, except as provided for in these Terms of Use, is strictly prohibited and may be subject to prosecution.

Intellectual Property Disclaimers

Russ Lyon Sotheby's International Realty and Monson Luxury Group in no way intends to violate or infringe upon any intellectual property rights of any third parties. If you believe that your intellectual property rights have been violated by Russ Lyon Sotheby's International Realty, Monson Luxury Group or by a third party who has uploaded content on the Site, please provide the following information to Russ Lyon Sotheby's International Realty or Monson Luxury Group copyright agent 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, a telephone number, and an e-mail address where Russ Lyon Sotheby's International Realty or Monson Luxury Group can contact you and, if different, an e-mail address where the alleged infringing party, if not Russ Lyon Sotheby's, can contact you;
    d. A statement that you have a good-faith belief that the use is not authorized by the copyright 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; and
    f. Your electronic or physical signature.

Russ Lyon Sotheby's International Realty and Monson Luxury Group may request additional information before removing any infringing material and may also provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.

Miscellaneous

This agreement and the resolution of any dispute related to this agreement or the Site shall be governed by and construed in accordance with the laws of State of Arizona and the United States, without giving effect to any principles of conflicts of law. Russ Lyon Sotheby's International Realty and Monson Luxury Group's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. The exclusive venue for any legal action or proceeding between Russ Lyon Sotheby's International Realty, Monson Luxury Group and you related to this agreement shall be brought exclusively in the state or federal courts of competent jurisdiction in Maricopa County, Arizona.