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TERMS OF USE Welcome to this Coldwell Banker Residential Brokerage Web site (this "Web
Site"). Coldwell Banker Residential Brokerage provides this Web Site subject to the following terms
of use (these "Terms"). These Terms explain a contractual agreement
between you ("User," "You," "Your") and
Coldwell Banker Residential Brokerage ("We," "Us," "Our") regarding Your use of this Web Site. You should print a
copy of these Terms for Your records. Please note, however, that We may update
and amend these Terms from time to time. 1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with
access to information about Our facilities, services, products, and related
links to meet Your needs (the "Content"). The Terms are meant
to protect all of Our visitors to this Web Site, and Your access to and use of
this Web Site signifies Your agreement with these Terms. DO NOT USE THIS WEB SITE IF YOU
DO NOT AGREE WITH THESE TERMS. We reserve the right, in Our
sole discretion, to modify, alter or otherwise update these Terms at any time.
Such modifications, alterations, and updates shall be effective immediately
upon posting. You agree to be bound by such modified, altered, and updated
Terms if You access or use this Web Site after We have posted notice of such
modifications, alterations or updates. Consistent 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 with Us. The other linked Web sites have different terms of use
that are not the same as these Terms. Your access to and use of such linked 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.
2. PRIVACY
Registration data and certain other information about
You is subject to our Privacy Policy. For more information, please review Our Privacy
Policy. 3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content on
this Web Site, including, but not limited to, text, photographs, images,
illustrations, audio clips, and video clips, is protected by copyrights,
trademarks, service marks, and/or other intellectual property rights (which are
governed by United States and worldwide copyright laws and treaty provisions,
privacy and publicity laws, and communication regulations and statutes). The
Content is owned and controlled by Us or Our affiliates, or by third party
content providers, merchants, sponsors and licensors (collectively the "Providers")
that have licensed their content or the right to market their products and/or
services to Us. 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 agree to abide by all additional copyright notices, information, or
restrictions contained in any Content. You may download a single copy of any
Content contained on this Web Site, solely for Your personal, non-commercial
use, consistent with these Terms, provided that You maintain all copyright and
other notices contained in such Content. You may not copy, reproduce, republish,
upload, post, transmit, distribute, and/or exploit the Content in any way
(including by e-mail or other electronic means) for commercial use without the
prior written consent of Us or the Providers. You may request consent by faxing
a request to NRT's Legal Department at (973) 240-5059. Your modification
of the Content, use of the Content on any other Web site or networked computer
environment, or use of the Content for any purpose other than personal,
non-commercial use, without the prior written consent of Us or the Providers,
violates the intellectual property rights and proprietary rights of the Content
owners and is prohibited. You may not use on Your Web site any registered or
unregistered 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, deep link, or otherwise incorporate into another Web site any of the
Content or other materials on this Web Site without Our express prior written
consent. Violation of trademark and copyright laws may result
in significant civil liability or criminal penalties under 4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use
this Web 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
this Web Site immediately terminates without the necessity of any notice. We
retain the right to deny access to anyone at Our discretion for any reason,
including for violation of these Terms. You are solely responsible for Your Information, and
We act as a passive conduit for Your online distribution and publication of
Your Information. As used in these Terms, "Information" means any
information or data that You submit to this Web Site and any information or
data that is generated by this Web Site as a result of Your use of this Web
Site. In the event that You are provided with User
identification numbers or codes (collectively, "ID's"), confirmation
numbers, and/or passwords (as applicable) in the use of this Web Site, You
shall maintain such User ID's, confirmation numbers, and/or passwords in
confidence and You agree not to distribute or disclose the same to third
parties. It is Your responsibility to notify Us if We need to change or
discontinue any of Your ID's, confirmation numbers, or passwords. It is also
Your responsibility to immediately request discontinuation of an ID,
confirmation number, or password upon Your knowledge or belief that such ID,
confirmation number, and/or password is, or may be subject to, a breach of
confidentiality. We may suspend or terminate Your service or access to this Web
Site if We believe a breach of these Terms has occurred. You agree to provide true, accurate, current and
complete Information. If You provide any Information that is untrue,
inaccurate, not current or incomplete (or We have reasonable grounds to suspect
that such Information is untrue, inaccurate, not current or incomplete), We
have the right to suspend or terminate Your access and activity, and refuse any
and all current or future use, of this Web Site. 5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this
Web Site, and You agree not to use or permit others to use this Web Site, for
any of the following: (a) take any action that imposes an unreasonable or
disproportionately large load on the Web 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 Web 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
Web pages, or the Content without Our prior written permission, provided that
generally available third party Web browser such as Netscape Navigator® and
Microsoft Internet Explorer® may be used without such permission. 6. INFORMATION POSTED TO WEB SITE
With respect to all Information You elect to post to
publicly accessible areas of the Web Site, You agree that We have the right to
use, reproduce, modify, publish, perform and display such Information (in whole
or part) worldwide; provided that such use is subject to the terms of Our Privacy
Policy. You acknowledge and agree that We may preserve
Information and may also disclose Information if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond
to claims that any Information violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of Our business, employees,
Providers, affiliates, users, and/or the public. 7. LINKS TO OTHER WEB SITES
This Web Site may contain links to third-party and/or
other Coldwell Banker-affiliated Web sites not under Our control or operation
(the "Linked Sites"). The links will let You leave this Web
Site, and You access them at Your own risk. You acknowledge that We provide the
Linked Sites for Your convenience and information only. We do not endorse nor
are We responsible for any content, information, or other related materials
found at any such Linked Sites or any links contained within such Linked Sites,
whether or not We are affiliated with the owners of such Linked Sites.
Moreover, We do not control any use of content, information or other related
material that You provide to, or is collected and/or tracked by, such Linked
Sites. Such use by Linked Sites is governed by the terms of use statements
and/or privacy policies of such Linked Sites, not this Web Site, and as a
result may differ from Ours. 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 Us or the Providers. 8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through this Web Site,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties, or representations associated with such dealings
are solely between You and such advertiser. You agree that We (and the
Providers) shall neither be responsible nor liable for any loss or damage
incurred by You as the result of any such dealings or as the result of the
presence of such advertisers on this Web Site. 9. NO WARRANTIES
ALL CONTENT ON THIS WEB 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 WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB
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 WEB 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 WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR
CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR
USE OF THIS WEB SITE. WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO
MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC
LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR
OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN
THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH
CONTENT. YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND
REPAIR OR CORRECTION OF YOUR SYSTEM. 10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED
ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION,
PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER
ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR
ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO
YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A)
THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING
RISE TO LIABILITY, OR (B) $500. Some states do not allow for the limitation of liability,
so the foregoing limitation may not apply to You. BY WAY OF EXAMPLE ONLY, 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 CONTENT,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER,
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR
ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. The limitation of liability reflects the allocation
of risk between the parties. The limitations specified in this Section 10 will
survive and apply even if any limited remedy specified in these Terms is found
to have failed of its essential purpose. The limitations of liability provided
in these Terms inure to the benefit of Us and the Providers, and to all respective
officers, directors, employees, representatives, attorneys, and agents. 11. GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites)
from Our offices within the State of 12. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and
when We become aware of it, to any applicable government agencies. You agree to
indemnify, defend and hold Us and the Providers, Our and their officers,
directors, employees, affiliates, agents, licensors, and suppliers harmless
from and against any and all claims, demands, actions, costs, liabilities,
losses and damages of any kind (including attorneys' fees) resulting from Your
use of this Web Site, Your breach of any provision of these Terms and/or any
negligent acts, omissions or intentional wrongdoing by You. Any such
indemnification shall be conditioned on Our: (a) notifying You in writing of
any such claim, demand, action, cost, liability, loss or threat of any thereof;
(b) cooperating with You in the defense or settlement thereof; and (c) allowing
You to control such defense or settlement. We shall be entitled to participate
in such defense at Our own cost and expense. 13. MESSAGE BOARDS
In the event that We provide message boards or
discussion forums on this Web Site (the "Forums"), You agree
to use the Forums only in a noncommercial manner. You shall not, without our
express approval, distribute or otherwise publish any material containing any
solicitation of funds, advertising, or written solicitation for goods and
services. You agree that any uploaded materials may be republished without
compensation to You or any other person or entity. In addition, You warrant
that all moral rights in any uploaded materials have been waived. While We do
not and cannot review every message posted by You or any other User in the
Forums, and although We are not responsible for these messages, We reserve the
right (but not the obligation) to delete, move, or edit messages that We, in
our sole discretion, deem abusive, defamatory, obscene, in violation of
copyright or trademark laws, or otherwise unacceptable. We do not endorse any
Information posted on this Web Site. You agree that You must evaluate, and bear all risks
associated with, the use of any messages, Information, or Content, including
any reliance on the accuracy, completeness, or usefulness of such messages, Information,
or Content. In this regard, You acknowledge that You may not rely on any
Content We create or information submitted to Us by third parties, including
without limitation, information in the Forums, and in all other parts of this
Web Site. 14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the
Providers, Our and their 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. Our failure to act with respect to a breach by You or others does
not waive Our right to act with respect to subsequent or similar breaches. If any provision of these Terms is held to be invalid
or unenforceable, such provision will be struck and the remaining provisions
enforced. Headings are for reference purposes only. You and We are dealing at arms' length, creating a
commercial relationship. We are not Your Agent or Your fiduciary, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms. The provisions and conditions of these Terms, and
each obligation referenced herein, represent the entire Agreement between Us
(including the Providers), Our 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 shall
prevail. WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED
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