PLEASE READ CAREFULLY
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Luxury Homes & Lifestyle Group, Teresa Cotterman, Susan Jackson, and Coldwell Banker Larry K. Rogers Realty, Inc., a Kentucky licensed real estate brokerage (collectively, the "Brokerage," "we," "us," or "our"), governing your access to and use of the website located at equestrianhomefinder.com and any related subdomains, content, tools, or services (collectively, the "Site"). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
1. Eligibility & Acceptance
You represent that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract under Kentucky law. Your continued use of the Site constitutes ongoing acceptance of these Terms and any modifications.
2. Kentucky Real Estate Licensing & Brokerage Relationships
Teresa Cotterman and Susan Jackson are real estate professionals licensed by the Kentucky Real Estate Commission and affiliated with Coldwell Banker Larry K. Rogers Realty, Inc. In accordance with KRS Chapter 324 and 201 KAR Chapter 11, no brokerage, agency, customer, or fiduciary relationship is created between you and the Brokerage by your use of the Site, by submitting an inquiry, or by any informal communication. A brokerage relationship is established only by a written agreement signed by both parties. Until such an agreement is executed, any communication is non-confidential and does not give rise to fiduciary duties.
3. Listing Information & Accuracy
Property listings, photographs, descriptions, acreage, school districts, tax data, square footage, zoning, agricultural use status, equestrian improvements, mineral or water rights, and pricing displayed on the Site are obtained from third-party sources (including but not limited to the Bluegrass REALTORS® MLS, Lexington-Bluegrass Association of REALTORS®, Greater Louisville Association of REALTORS®, seller-provided data, and public records) and are believed to be reliable but are NOT guaranteed accurate or current. All information is subject to errors, omissions, prior sale, change, or withdrawal without notice. Buyers must independently verify all information material to their purchase decision, including but not limited to boundary surveys, deed restrictions, conservation easements, flood zones, well and septic, and the existence and condition of any equestrian or agricultural improvements.
4. Fair Housing
The Brokerage is committed to and complies with the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), the Kentucky Civil Rights Act (KRS Chapter 344), and all applicable local fair housing ordinances. We do not discriminate on the basis of race, color, religion, sex (including gender identity and sexual orientation), national origin, disability, familial status, ancestry, age, or any other class protected under federal, Kentucky, or local law.
5. No Legal, Tax, Financial, or Investment Advice
Content on the Site — including but not limited to discussions of investment potential, 1031 exchanges, agricultural tax assessments, conservation easements, equine-related tax treatment, valuation, financing, or estate planning — is provided for general informational purposes only and does not constitute legal, tax, accounting, financial, or investment advice. You should consult a licensed Kentucky attorney, CPA, financial advisor, or other qualified professional before acting on any information found on the Site.
6. Intellectual Property
All content on the Site — including text, photographs, video, graphics, logos, trademarks, layouts, and source code — is owned by or licensed to the Brokerage and is protected by United States copyright, trademark, and other intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.). You may not reproduce, distribute, modify, scrape, frame, mirror, create derivative works from, publicly display, or commercially exploit any portion of the Site without our prior written consent. The marks "Coldwell Banker" and the Coldwell Banker logo are registered trademarks of Coldwell Banker Real Estate LLC, used under license.
7. User Submissions & Communications
By submitting any inquiry, message, or content through the Site, you (a) represent that the information is accurate and that you have the right to submit it; (b) grant the Brokerage a non-exclusive, royalty-free, worldwide license to use such content for the purpose of responding to and serving you; and (c) consent to receive return communications by email, telephone, or text message at the contact information you provide, including communications sent using automated systems, until you opt out.
8. Privacy
Personal information you submit (including name, email, phone number, and property preferences) is used solely to respond to your inquiry and to provide real estate services. We do not sell your personal information. Records of real estate transactions are retained as required by the Kentucky Real Estate Commission and applicable federal law. For questions about your information, contact us.
9. Third-Party Links & Services
The Site may link to third-party websites, MLS platforms, mortgage calculators, mapping services, or partner services. We do not control and are not responsible for the content, accuracy, privacy practices, or availability of any third-party site or service. Your use of third-party sites is at your own risk and subject to their terms.
10. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY KENTUCKY LAW, THE BROKERAGE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BROKERAGE, ITS AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED HEREIN, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).
12. Indemnification
You agree to defend, indemnify, and hold harmless the Brokerage and its officers, agents, affiliates, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (i) your access to or use of the Site, (ii) your violation of these Terms, or (iii) your violation of any third-party right or any applicable law or regulation.
13. Governing Law & Venue
These Terms and any dispute arising out of or relating to them or to your use of the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict-of-laws principles. You and the Brokerage agree that the exclusive jurisdiction and venue for any action shall be the state or federal courts located in Shelby County, Kentucky, and you consent to the personal jurisdiction of such courts.
14. Dispute Resolution & Waiver of Class Action
Prior to filing any lawsuit, the parties agree to attempt in good faith to resolve any dispute through informal negotiation for at least thirty (30) days. To the fullest extent permitted by law, you agree that any dispute shall be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action.
15. Modifications
We reserve the right to modify these Terms at any time by posting the revised version on the Site with an updated "Last updated" date. Your continued use of the Site after the effective date constitutes acceptance of the revised Terms.
16. Severability & Entire Agreement
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. These Terms, together with any written agency or listing agreement, constitute the entire agreement between you and the Brokerage with respect to the Site and supersede all prior or contemporaneous communications.
17. Contact
Coldwell Banker Larry K. Rogers Realty, Inc. — Licensed in the Commonwealth of Kentucky. For questions regarding these Terms, please contact us.