Terms & Policies

Welcome to azba.com (the "Site"). The goal of this Site is to provide you, the luxury home buyer, with access to the most comprehensive network of luxury real estate in Arizona (the "Content") solely for your personal non-commercial use. Please read our Terms of Use (the "Terms") carefully before continuing on with your use of this Site. These Terms shall govern the use of the Site and apply to all Internet traffic visiting the Site. Your access and use of this Site signifies you agree with these Terms. The Terms are meant to protect all of our Site visitors and your use of this Site signifies your agreement with these Terms. If you do not agree with these terms, do not use this Site. Exclusive Arizona Buyers Agents LLC reserves the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this 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 Site will permit you to link to many other sites, that may or may not be affiliated with us or this Site, 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 Site is governed by the terms of use and policies of those sites, not this Site.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

We control and operate this Site. All content on this 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 are owned and/or licensed by us or our affiliates, 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 us. Content on this Site or any site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only. You may not otherwise 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 our prior written consent or the Providers. Without our prior written consent or the Providers your modification of the Content, use of the Content on any other site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates our and/or the Providers copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Site, you warrant to us that you will not use our 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. If you violate any of these Terms, your permission to use our Site immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use any trademarks, service marks or copyrighted materials appearing on this 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 site any of the Content or other materials on this Site without our prior written consent.

LISTING INFORMATION

The information presented on this site is based upon information that we consider reliable. However, because it has been supplied by third parties (who in turn supplied it to us), we cannot represent that it is accurate or complete, and it should not be relied upon as such. The offerings may be subject to omissions, changes, errors, including price, or withdrawal without notice. In addition, dimensions are approximate and have not been verified by Exclusive Arizona Buyers Agents LLC. We recommend that you hire a professional in the business of determining dimensions, such as a civil engineer, appraiser, or architect, to determine such information.

PROHIBITED ACTIVITIES

You are specifically prohibited from any use of this Site, and you agree not to use or permit others to use this Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using 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 Site; (d) upload, post, emailing or otherwise transmitting 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) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our pages, or the Content without our prior written permission, provided that generally available third party browser such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.

LINKS

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

Disclaimer of warranties and liability

All content on this site is provided "as is" and without warranties of any kind either express or implied. Other than those warranties which, under the u.s. laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, we disclaim any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither we, our affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this site warrant that the functions contained in this 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 site is provided solely for your convenience and information only. We do not warrant or make any representations regarding the results that may be obtained from the use of this site, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this site. You expressly agree that use of this site is at your sole risk. You (and not us) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither we, nor our affiliated or related entities (including its providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this 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 site or any other linked site. By way of example, and without limiting the generality of the foregoing, we and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, 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 site. You expressly acknowledge and agree that we are 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, our liability is limited to the greatest extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, the Providers and our respective officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all 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 our benefit and that of the Providers, and our respective 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 Site is presented solely for your convenience and/or information. We control and operate this Site from our offices in Scottsdale, Arizona. We make no representation that the Content in this Site is appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Site in violation of any applicable laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Arizona, without regard to any conflict of laws, principles, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or we bring to enforce these Terms, or in connection with any matters related to this Site, shall be brought only in either the state or Federal courts located in and for Maricopa County, Arizona 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 Exclusive Arizona Buyers Agents LLC, its affiliated or 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 terms of use or understanding shall prevail. Any rights not expressly granted herein are reserved by Exclusive Arizona Buyers Agents LLC.

PRIVACY STATEMENT

Exclusive Arizona Buyers Agents LLC operates the website at www.azba.com (“Site”). We respect the privacy of each user of the Site (referred to as "you" or "a user"), whether you are just beginning your real estate search or have previously visited our Site. This Privacy Statement gives you specific information about how we protect your privacy, how we treat your Personal Information, and how we use aggregated information. By registering for or using the site, your signify your acceptance of this privacy statement. If you do not agree to this privacy statement, you cannot use the site. We reserve the right to modify this Statement at any time by posting a notice on the Site's home page. (If we consider it appropriate, we may also provide additional notice of significant changes.) Your use of the Site after the date of the last modification listed at the beginning of this Privacy Statement indicates to us that you agree to the changes.

The Site contains links to third party websites. When you click on those links, you will go to a third-party site where you will be subject to that site’s Privacy Statement and we encourage you to read that policy statement. Please be aware that we are not responsible for the privacy practices of those other websites and we expressly disclaim liability for their actions, including actions related to the use and disclosure of Personal Information by those third parties.

Location of Servers and Transfer of Information to the United States

The Site is hosted by servers in the United States and as such, the Site is governed by United States Law. If you are located outside of the United States, your Personal Information will be transferred to the United States. By submitting your Personal Information, you consent to its transfer to the United States and to its storage, processing, and use there in accordance with this Privacy Statement and the United States law.

Scope of this Privacy Statement

This Privacy Statement applies to your use of this Site only.

Personal Information is information collected online by us that identifies the person to whom such information pertains, including without limitation, name address, telephone number, and e-mail address.

• 2(a). Personal Information.
  We collect your Personal Information on the Site in order to enhance the services we offer you. We collect Personal Information from you only when you voluntarily submit it in order to obtain certain services or information, including (A) registrations for special communications, such as saving a search for you and, but only if you request it, sending you new listings that fit the profile of your saved search; (B) requests to find a property, to list your property, and to find a sales associate; (C) requests to contact us; (D) and requests to receive periodic industry updates. We may also use the Personal Information to inform you about other services and products that may be available through us, our family of companies, and/or companies with which we have a marketing relationship, and to provide you a customer survey to assess your satisfaction with our services and products.
  • Requests to Find a Property and to Find a Sales Associate
    If you submit a request through this Site to find a property or to find a sales associate, you will be asked to provide Personal Information and we refer this information to sales associates to respond to your request.
  • Contacting Us
    If you contact us, we collect Personal Information, which is retained or referred to a sales associate depending on the nature of your inquiry. If you are looking for a property or a sales associate, it is referred to a sales associate; if your inquiry or complaint requires a response from us, it is referred to the appropriate department for research and a response. The information we collect is not used in any other way.
• 2(b). Non-Personal Information
  Even if you do not send us any Personal Information, we collect information about how you use our site (“Non-Personal Information”). This information cannot be used to identify you personally and is explained in more detail below.
  • What is Non-Personal Information?
    Like many sites, we obtain Non-Personal Information such as IP (internet protocol) addresses, browser types, the name of your ISP (internet service provider), information about where a user comes from before arriving at our Site, what pages a user visits, the order of those pages, and the amount of time spent on each. A vendor performs his service for us by sending a cookie to gather this information, compile it, and report to us.
  • Use of Non-Personal Information
    We use Non-Personal Information to customize the advertising and content you see, improve our services, conduct research, and provide anonymous aggregated reporting for internal audits and third-parties.
  • Cookies
    A cookie is a small data file, often including an anonymous unique identifier that is sent from a web site's computer and stored on your computer's hard drive. Use of cookies is common on the Internet. A website can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser permits a web site to access only the cookies it has already sent to you, not the cookies sent to you by other sites. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.) You can reset your browser to refuse all cookies or indicate when a cookie is being sent. But if you refuse cookies, some parts of the Site will not function properly and may not provide services or information you have requested. For example, without cookies, we will not be able to provide you with searches that you have asked us to save.
• 2(c). Use of Information With Respect to Third Parties
  We reserve the right to share your Personal Information with our affiliated companies and marketing partners as permitted by law, in order to fulfill our commitment of providing you with full service real estate brokerage services. We do share your Personal Information under the following circumstances:
  • A. Third party vendors we engage to provide services on our behalf, such as hosting, web-site development, and support, have access to Personal Information, but they have agreed not to disclose the Personal Information or to use it for any purpose other than providing the requested services.
  • B. There may arise special circumstances where it is necessary for us to disclose and use Personal Information and Non-Personal Information, such as: to enforce this Privacy Statement or any other part of our Terms of Use; to protect our property or rights; to protect the safety of anyone; to investigate, prevent, or take action regarding illegal or improper activities; to carry out a merger or consolidation with another entity, a sale or transfer of some or all of our assets, or any similar transaction; or for other reasons we determine in good faith are necessary, appropriate, or required by law, such as when we respond to subpoenas, court orders, or other legal or administrative process.

  The Site contains links to third-party web sites, including Sotheby's Auction House, our Franchisees, real estate industry organizations and community outreach organizations. If you hold your mouse over a link, it will indicate whether clicking the link will send you off our Site. When you click on those links, you will go to a third-party site where you will be subject to that site's privacy statement and we encourage you to read that policy statement. Please be aware that we are not responsible for the privacy practices of those other web sites and we expressly disclaim any liability for their actions, including actions relating to the use and disclosure of Personal Information by those third parties. We remind you to be aware of when you leave our Site and enter a third-party web site, including one of our independent Franchisees, and again encourage you to read the privacy statement on any web site that collects your Personal Information.

Our hosting service maintains its systems in accordance with reasonable industry standards to reasonably secure the information of its customers against unauthorized access, accidental or intentional manipulation and loss. However, no data transmission over the Internet can be guaranteed to be 100% secure and you use the Site at your own risk.

If your Personal Information changes or if you no longer wish to use the Site, you may correct or update your Personal Information or unsubscribe from any industry updates you have requested by modifying or deleting your profile on the Site, writing to customer service at Exclusive Arizona Buyers Agents LLC, 7819 E. Greenway Road, Suite 9, Scottsdale, AZ 85260 or sending an email to notify@AZbuyersAgents.com.

This Site is not directed to children under the age of 13 (“Children”), and we do not knowingly collect any information, including Personal Information, from Children.

Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties [including affiliates that are separate legal entities] during the immediately preceding calendar year for the third parties' direct marketing purposes and (2) the names and addresses of all such third parties.

To request the above information please contact us by writing to customer service at Exclusive Arizona Buyers Agents LLC, 7819 E. Greenway Road, Suite 9, Scottsdale, AZ 85260 or sending an email to notify@AZbuyersAgents.com. We will respond to such requests within 60 days of receipt. Please note that we are only required to respond to each customer once per calendar year.

If you have any comments, questions or concerns about this Privacy Statement, please contact us by mail at Exclusive Arizona Buyers Agents LLC, 7819 E. Greenway Road, Suite 9, Scottsdale, AZ 85260 or sending an email to notify@AZbuyersAgents.com.