Terms and Conditions
Agreement between User and www.sskyrealty.com
Welcome to www.sskyrealty.com. The www.sskyrealty.com website (the “Site”) is comprised of
various web pages operated by Southern Sky Realty, LLC. www.sskyrealty.com is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the “Terms”). Your use of www.sskyrealty.com constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.sskyrealty.com is a Business Information Site.
The purpose of this website is to introduce potential clients to the services Southern Sky Realty
offers, to list available rental and sale listings and to capture and disseminate information from and
to visitors interested in real estate services
Privacy
Your use of www.sskyrealty.com is subject to Southern Sky Realty, LLC’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting www.sskyrealty.com or sending emails to Southern Sky Realty, LLC constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Southern Sky Realty, LLC does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use www.sskyrealty.com
only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.sskyrealty.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of Southern Sky Realty, LLC and Southern Sky Realty, LLC is not
responsible for the contents of any Linked Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. Southern Sky Realty, LLC is providing
these links to you only as a convenience, and the inclusion of any link does not imply endorsement
by Southern Sky Realty, LLC of the site or any association with its operators.
Certain services made available via www.sskyrealty.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.sskyrealty.com domain, you hereby acknowledge and consent that Southern Sky Realty,
LLC may share such information and data with any third party with whom Southern Sky Realty,
LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.sskyrealty.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.sskyrealty.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to Southern Sky Realty, LLC that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Southern Sky Realty,
LLC or its suppliers and protected by copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Southern Sky Realty, LLC content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of Southern Sky Realty, LLC and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Southern Sky Realty, LLC or our licensors except as
expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Southern Sky Realty, LLC from our
offices within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the Southern Sky
Realty, LLC Content accessed through www.sskyrealty.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Southern Sky Realty, LLC, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the
Site or services, any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. Southern Sky Realty, LLC reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event you
will fully cooperate with Southern Sky Realty, LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Southern Sky Realty, LLC agree otherwise, the arbitrator
may not consolidate more than one person’s claims, and may not otherwise preside over any form
of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. SOUTHERN SKY REALTY, LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SOUTHERN SKY REALTY, LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. SOUTHERN SKY REALTY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SOUTHERN SKY REALTY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF SOUTHERN SKY REALTY, LLC OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Southern Sky Realty, LLC reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Ohio and you
hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of
or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Southern Sky Realty, LLC as a result of this agreement or use of the Site. Southern Sky
Realty, LLC’s performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Southern Sky Realty, LLC’s right to comply
with governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by Southern Sky Realty, LLC with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Southern Sky Realty, LLC with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Southern Sky Realty, LLC with respect to the Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents be written
in English.
Changes to Terms
Southern Sky Realty, LLC reserves the right, in its sole discretion, to change the Terms under
which www.sskyrealty.com is offered. The most current version of the Terms will supersede all
previous versions. Southern Sky Realty, LLC encourages you to periodically review the Terms to
stay informed of our updates.
Contact Us
Southern Sky Realty, LLC welcomes your questions or comments regarding the Terms:
Southern Sky Realty, LLC
Email Address:
[email protected]
Telephone number:
(330) 777-1033
Effective as of June 02, 2017