Statement & Disclaimer

Coldwell Banker McMahan
TERMS and CONDITIONS of USE

Updated and Revised April 2020

What you should know

Welcome to the cbmcmahan.com web site (the "Web Site"). The goal of this Web Site is to provide you with access to the most comprehensive residential real estate products/services and related links to meet your needs (the "Content"). Please read our Terms of Use (the "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 the 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. Coldwell Banker McMahan 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 many other web sites, that may or may not be affiliated with this Web Site and/or Coldwell Banker McMahan, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such web 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 STATEMENT

Updated and Revised April 8, 2020

Coldwell Banker McMahan operates the web site at www.cbmcmahan.com and www.mcmahanco.com

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 already become a customer. This Privacy Statement gives you specific information about how we protect your privacy, how we treat information we collect on the Site that identifies an individual user ("Personal Information"), and how we use aggregated information.

BY REGISTERING FOR OR USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY STATEMENT. We reserve the right to modify this Statement at any time by posting a notice on the Site's home page.

Location of Servers and Transfer of Information to the United States

The Site is hosted by servers in the United States. 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.

Scope of this Privacy Statement

This Privacy Statement applies to your use of this Site only. We do not own, operate or control the web sites of our sales associates. Accordingly, this Statement does not apply to a sales associate's web site or to a sales associate's collection, use, storage and disclosure of your Personal Information.

1. Collection and Use of Your 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 to obtain certain services or information, including - 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;  or requests to find a property, to list your property, and to find a sales associate; requests to contact us; requests to email a listing to a friend; and applications for employment.

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.

Refer a Listing to a Friend

If you choose to send a listing to a friend, you will be asked to provide the friend's email address. We do not store this information, and the information is used only to send the one-time referral email.

Employment Inquiry

If you are seeking employment, you will be asked to provide Personal Information about yourself. We refer this information to an office in geographic area in which you live

2. Collection of 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 under "Non-Personal Information".

3. Use of Information

We use the Personal Information and the Non-Personal Information we collect on the Site (A) to provide you with the services that you ask to receive through the Site, including saving searches and, if you request it, sending you updates about those searches, to answer your questions or complaints, and to refer a listing to a friend.

We use Google Analytics to collect information about use of the Site. More information on Google Analytics – including how you can control the information sent to Google - can be found here: www.google.com/policies/privacy/partners.

4. Sharing Your Information

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:

  1. 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.
  2. 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 & Conditions; 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 a mortgage company, our home warranty provider, title company and relocation services. 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.

5. Security

Our hosting services maintains its systems in accordance with reasonable industry standards to reasonably secure the information of its customers. However, no data transmission over the Internet can be guaranteed to be 100% secure. "Perfect security" does not exist on the Internet, and you use the Site at your own risk.

6. Children

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.

7. Comments and Questions

If you have any questions or concerns about this Privacy Statement, please contact us by using the “contact us” link or by mail:

Coldwell Banker McMahan
Attn: Interactive Marketing

PO Box 306
Crestwood, KY 40014

Trademarks, copyrights, and restrictions

This Web site is controlled and operated by Coldwell Banker McMahan, 6402 Railroad Ave, Crestwood, KY 40014 telephone 502.241.8811. 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 are owned and controlled by Coldwell Banker McMahan and/or Coldwell Banker Real Estate Corp, LLC. 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 Coldwell Banker McMahan. Content on this Web Site or any web 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, 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 Coldwell Banker McMahan. You may request consent by faxing a request to Coldwell Banker McMahan Marketing Department at 502.241.5707. Without the prior written consent of Coldwell Banker McMahan or the Providers, your modification of the Content, use of the Content on any other web site or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the cbmcmahan.com and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to Coldwell Banker McMahan that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. Coldwell Banker McMahan 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 Coldwell Banker McMahan.

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, as such, you access them at your own risk. 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 Coldwell Banker McMahan, or its affiliates or Providers. This website also incorporates Google Maps. Click Here for the Google Maps Terms of Use.

Indemnification

You agree to indemnify, defend, and hold harmless Coldwell Banker McMahan and the Providers, its and their 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

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Coldwell Banker McMahan.

Fair Housing Statement

Coldwell Banker McMahan a franchisee of Coldwell Banker® and its parent company, Realogy Corporation, fully support the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, which generally prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). In addition, each and every Coldwell Banker franchised office is contractually required to comply, in all respects, with all laws, rules and regulations applicable to the real estate industry, including without limitation, the requirements imposed by the Fair Housing Act. As an adjunct to the foregoing commitment, both Coldwell Banker and Realogy Corporation actively promote, and are committed to, creating and fostering an environment of diversity throughout their respective organizations and franchise systems, and each views such a concept as a critical component to the on-going success of their business operations.

COLDWELL BANKER REAL ESTATE LLC will never sell or provide information to a third party without your prior consent.

Mortgage Rates Information

The estimated monthly rate is based on a 30-year fixed rate with 20% down. Taxes and insurance is not figured into this rate. The estimated payment is offered for convenience and is not an offer of credit. Due to market fluctuations, interest rates are subject to change at any time and without notice. Interest rates are also subject to credit and property approval based on secondary market guidelines. The rates shown are based on average rates for our best qualified customers. Your individual rate may vary. Rates may differ for FHA, VA or jumbo loans. For an estimate, please contact an experienced Commonwealth Bank & Trust Mortgage advisor.

Coldwell Banker McMahan Home Protection Plan provided by HSA.

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