Brokerage Website Terms of Use
Posted by PRO Thu, 30 Nov 2006 02:20:00 GMT
THIS DOCUMENT IS PROVIDED BY THE PINELLAS REALTOR® ORGANIZATION AS A SAMPLE TOOL AND IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE LEGAL ADVICE, OR A SUBSTITUTE FOR SPECIFIC LEGAL ADVICE OR OPINIONS. THE USER OF THIS SAMPLE DOCUMENT SHOULD NOT ACT OR REFRAIN FROM ACTING, OR USE THIS DOCUMENT WITHOUT CONSULTING LEGAL COUNSEL. THE CONTENTS OF THIS DOCUMENT SHOULD BE MODIFIED TO ADDRESS THE SPECIFIC LEGAL AND BUSINESS NEEDS OF THE USER AND THEIR WEBSITE.
VISITORS’ TERMS OF USE
ABC Realty, Inc (“ABC”)
Terms of Use (“Agreement”)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS AND USE OF WWW.ABC.COM (“Site”) CAREFULLY.
1. Acceptance of Terms of Use.
By using this Site, you agree to be bound to these Terms of Use. ABC , its subsidiaries, members, business affiliates and suppliers (“we” “us” or “our”) make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these terms, conditions and notices. We reserve the right to modify them at any time. You should check these Terms of Use periodically for changes. By using this Site after we post any changes to these Terms of Use you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms of Use at any time, please do not use this Site.
2. Scope of Terms of Use.
These Terms of Use apply to your use of this Site owned and operated by ABC. These Terms of Use do not apply to your use of unaffiliated web sites to which our Site merely links.
3. Links.
These Terms of Use apply only to our Site and not to the web sites of any other companies, organizations or individuals including those to which our Site may link. We are not responsible for the availability of any other web site to which our Site links. We do not take responsibility for the contents, advertising, products or other materials made available through other any web site nor do we endorse the web sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use or reliance on any content, goods or services available on any other web site. Please direct your concerns to that web site’s webmaster or appropriate contact.
4. Proprietary Rights and Restrictions on Use:
Unless otherwise noted, all right, title and interest in all information including, but not limited to, screens, texts, user names, passwords, Web pages, or other materials (collectively “Content”) appearing in and on this Site are the exclusive property of ABC. All Content on this Site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by ABC or by third party Content providers, (collectively "Providers") that have licensed their Content or the right to market their products and/or services to ABC. Content on this Site or content controlled by the Providers is provided solely for your personal, non-commercial use. Such Content shall not be framed, copied, reproduced, republished, uploaded, posted, transmitted, distributed, scraped, spidered and/or exploited in any way, including by e-mail or other electronic means for commercial use without proper license agreements with ABC. Such use of the Content is considered theft by ABC and will be prosecuted. You agree to comply with any additional use restrictions which may be announced by ABC at any time regarding specific information provided through this Site.
5. Copyright Ownership.
All Content, information, products, services, and software contained on or used in this Site is copyrighted, and all right, title and interest in this Site created by ABC and in the ownership of the copyright therein, shall at all times remain vested in ABC, unless otherwise noted. ABC shall have the right to license such compilations or portions thereof and any Content contained therein to any entity pursuant to the terms agreed upon by the ABC Board of Directors.
6. Personal Use Limitation.
You may access the ABC Site and the information provided here, including the ability to bookmark properties listed for sale, but only for personal, non-commercial use. You may not modify, publish, copy, display, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any and/or all information and Content obtained from this Site. This prohibition includes, but is not limited to, the practice of “screen scraping” which we consider theft of our proprietary information and those who deal with our Content in this manner may be subject to prosecution. By using this Site you warrant to ABC that you will not use this Site for any unlawful purpose or any prohibited use pursuant to these Terms of Use. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.
7. Liability Disclaimer.
You use this Site at your own risk. Your use of the Content provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR MEMBERS, AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION OR CONTENT, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.
8. Warranty Disclaimer.
You expressly understand and agree that this Site and the information and Content available through this Site is provided on an “as is” “as available” basis. ABC does not warrant that this Site will be uninterrupted or error-free, and ABC makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information or Content available through the Site. ABC expressly disclaims any and all warranties of any kind with respect to the Site and the information or Content available through the Site, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose. This Site and the information or Content available through this Site are always subject to change.
9. No Personal Advice.
The information and Content contained in or made available by this Site does not and is not intended to convey any form of personal advice to you regarding the sale or purchase of real property or of any other matter. The information here cannot replace or substitute for the professional advice of a licensed Realtor® or real estate professional to answer any questions and help you understand and use the information available through this Site.
10. Changes to the Site.
ABC may make changes or improvements to the Content, information, services, products or other materials on this Site at any time without notice.
11. Privacy Policy.
We are committed to protecting your privacy and security and have explained in detail what we do. We urge you to read our Privacy Policy.
12. Jurisdictional Issues.
We operate and control our Site from our offices in Houston, Texas in the United States of America. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Miscellaneous.
These Terms of Use will be governed by laws of the State of Florida without regard to principles of conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms of Use will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Pinellas County, Florida.
If any of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.
This is the entire Agreement between you and us relating to the subject matter it contains.
Any failure by ABC or ABC to assert any rights it may have under this agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.
This Agreement may be modified only by our posting of changes to these Terms of Use. Any inquiries regarding these terms and conditions of use should be directed to privacy@ABC.com.