Terms of Use
KWGreaterNassau.com SITE
The Web site located at
http://www.kwgreaternassau.com (the “Site") is owned and operated by Keller
Williams Realty of Greater Nassau (“The Owner”), a NYS Licensed Real Estate
Brokerage (“Keller Williams") By using and accessing the Site and logging on to
the Site you expressly acknowledge that you have read and understand these terms
of use (“Terms of Use") and agree to be bound by the Terms of Use.
1. USE OF THE SITE
The Site is provided solely for information
purposes. The Owner may modify or change the Terms of Use at any time by posting
notice of such change on Site. Your continued use of Site after the effective
date of such notice will constitute acknowledgment and acceptance of the revised
Terms of Use.
The Owner may make certain information or
services available via the Site only pursuant to additional guidelines, rules or
agreements applicable to such services which may be posted from time to time.
You are entitled to view, copy and print any
documents that are made generally available on Site but only for your own
internal business purposes. Any sale, transmission or redistribution of Site or
its content, and any copying, modification or other use of Site or its content
for any purposes other than your own internal business purposes, are strictly
prohibited.
You are prohibited from using Site to gain
unauthorized access, directly or indirectly, to The Owner' computer systems or a
third party's computer systems. You shall not interfere with another user's use
or enjoyment of Site.
The Owner reserves the right, in its sole
discretion, to take action that it deems appropriate for violations of this
Terms of Use, including but not limited to terminating your access to Site,
filing of criminal charges against you, or the initiating a civil action against
you.
To the extent required to do so by law, The
Owner will fully cooperate with any law enforcement authorities or court order
requesting or directing The Owner to disclose information regarding users of
Site.
Recognizing the global nature of the
Internet, you agree to comply with all local rules regarding online conduct and
acceptable content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the
2. PRIVACY POLICY
Registration data and certain other
information about you is subject to our Privacy Policy. For more information,
please see our full Privacy Policy on the Si
3. PROPRIETARY RIGHTS
The Site contains proprietary
information that is protected by applicable intellectual property and other
laws, and you acknowledge and agree that the proprietary information is
protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by The Owner, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on
the Site, in whole or in part.
4. TERMINATION
The Owner may terminate your access to or use
of th and remove and discard any content within the Site, for any reason. The
Owner may also discontinue providing the Site, or any part thereof, with or
without notice. You agree that any termination of your access to Site under any
provision of this Terms of Use may be effected without prior notice, and
acknowledge and agree that The Owner may immediately deactivate or delete all
related information and files. Further, you agree that The Owner shall not be
liable to you or any third-party for any termination of your access to Site.
5. LINKS TO THIRD PARTY SITES
The Site may provide links to third party web
sites or resources. Such web sites are publicly available and The Owner is
providing access to such web sites through the Site solely as a convenience to
you. Because The Owner has no control over such sites and resources, you
acknowledge and agree that The Owner is not responsible for the availability of
such external sites or resources. The fact that access to such web sites is
provided does not constitute any endorsement, authorization or sponsorship of
such web sites or their sponsors by The Owner. The Owner does not endorse and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that The Owner shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource. You understand and agree that
you will use or rely on such web sites solely at your own risk and that The
Owner does not grant to you any rights in respect of such web sites.
6. INDEMNITY
You agree to indemnify and release The Owner
and its affiliates from and against any and all liabilities, expenses (including
attorney's fees) and damages arising out of claims resulting from your use of
the Information or the Site, including, without limitation, any claims that if
the allegations were true would constitute a breach of this Terms of Use.
7. DISCLAIMER OF WARRANTIES
a. THE OWNER STRIVES TO PROVIDE ACCURATE AND
UP-TO-DATE MATERIAL ON THIS SITE. HOWEVER, THE OWNER MAKES NO WARRANTIES OR
REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON
THIS SITE. THE OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR
OMISSIONS ON THIS SITE. YOUR USE OF SITE IS AT YOUR SOLE RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OWNER EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT;
b. THE OWNER MAKES NO WARRANTY THAT (i) THE
SITE WILL MEET YOUR REQUIREMENTS, (ii) SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
8. LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.
b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. NOTICE
Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on Site.
10. GENERAL INFORMATION
a. The failure of The Owner to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this Terms of Use, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this Terms of Use will continue in full force and effect.
b. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
c. THIS TERMS OF USE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
