By visiting or using lirealtor.com or any page of the lirealtor.com
website except this page, you are agreeing to be bound by these terms
of use and such agreement constitutes a binding contract between you
and the Long Island Board of Realtors, Inc., (LIBOR) the owner of lirealtor.com. If
you do not wish to be bound by these terms of use, please do not visit
or use any page of the lirealtor.com website.
Furthermore, by using any of the pages of the lirealtor.com website, you
acknowledge that LIBOR is NOT a real estate broker, mortgage broker, or mortgage
lender and does NOT aid or assist borrowers in obtaining loans, solicit borrowers
or lenders for, negotiate or make loans secured by liens or real property
1. DEFINITIONS
“LIBOR” shall mean The Long Island Board of Realtors, Inc., its
employees, officers, directors, and all other persons or entities affiliated
with LIBOR responsible for creating, maintaining, and publishing this Site. “Content” shall
mean all materials, information and images contained on the Site, including
but not limited to, trademarks, copyrightable material, advertisements,
data, text, graphics, files, photos, software and video. “Site” shall
mean the Internet site located at the URL address http://www.lirealtor.com. “User” shall mean
any person or entity that accesses or uses the Site in any manner.
2. INTRODUCTION
The
lirealtor.com website is owned by the Long Island Board of Realtors, Inc.
(LIBOR) which conducts its business at 300 Sunrise Highway, West Babylon,
New York 11704. This Site may contain information which has been
provided by REALTORS who are members of LIBOR. This Site also contains
information provided to lirealtor.com from a variety of sources including,
but not limited to, other public websites, quasi public websites, private
not-for-profit websites and business-for-profit websites. The information
and/or content displayed on lirealtor.com is not guaranteed accurate by LIBOR.
LIBOR offers you access to the lirealtor.com website in exchange
for your agreement to accept and comply with the terms, conditions, and
notices stated here and as may be modified by LIBOR from time-to-time.
LIBOR and its website, lirealtor.com, refer to these terms, conditions,
and notices, whether modified or unmodified, as the “Agreement” or as the “Terms
of Use”. LIBOR reserves the right to modify in its sole discretion
this Agreement and/or the lirealtor.com website without providing notification. You
are responsible for regularly reviewing this Agreement. BY VISITING
OR USING ANY PART OF THE lirealtor.com WEBSITE, EXCEPT FOR THE lirealtor.com
HOME PAGE AND THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE,
AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN LIBOR AND
YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE lirealtor.com
WEBSITE.
ADDITIONAL
TERMS MAY GOVERN USE OR CERTAIN WEBSITES OR WEB PAGES WITHIN THE lirealtor.com
WEBSITE.
NOTICE
FOR ALL FINANCIAL AND MORTGAGE TOOLS. Any financial and/or mortgage
tools available on lirealtor.com are calculation
tools, not an offer to lend. Interest rates shown are for demonstration
purposes only. Actual market interest rates may vary.
OUTLINE OF TERMS OF USE.
For your convenience, lirealtor.com here provides a section-by-section outline
of the Terms of Use. To go directly to a specific section contained
in these Terms of Use, click on the appropriate link below. Please
note that this functionality is provided solely for your convenience
and in no way absolves you of your duty to comply with each and every
section of these Terms of Use.
3. GENERAL
USE AND LIMITATIONS ON GENERAL USE OF THE lirealtor.com WEBSITE
A.
Except where we specify otherwise, LIBOR offers you access to the lirealtor.com
Website solely for your personal and non-commercial uses. You promise
that you will not use the lirealtor.com Website, in whole or in part,
for any purpose that is unlawful or prohibited by these Terms of Use
or for any purposes other than those that are personal and non-commercial. You
agree that you will not, except for your personal use, modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, frame in another Web page, use on any other
website, transfer or sell any information, software, lists of users,
databases or other lists, products or services provided through or obtained
from the lirealtor.com website.
This means, among other activities, that you agree not to engage in the practices
of “screen scraping,” “database scraping,” or any other activity with the
purpose of obtaining lists of users or other information. You agree
that you will not use the lirealtor.com website in any manner which could
damage, disable, overburden, or impair the lirealtor.com website or interfere
with any other party’s use and enjoyment of the lirealtor.com website.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the lirealtor.com
website.
B.
If and when requested by
LIBOR you agree to provide true, accurate, and complete user information
and to refrain from impersonating or falsely representing your affiliation
with any person or entity. Except with the written permission of LIBOR,
you agree that you will not access or attempt to access password protected,
secure or non-public areas of the lirealtor.com website. Unauthorized individuals
attempting to access prohibited areas of the lirealtor.com website may be
subject to prosecution.
C.
The origin of any link to the lirealtor.com website home page must be accompanied
by a clear and prominent attribution indicating that the link is connected
to the lirealtor.com website home page. For example, prominently
positioning the lirealtor.com name and mark such that there is clear
association between the name and mark and the destination of the link
is acceptable. However, you agree that you will not juxtapose the
lirealtor.com name and mark and the link with your name or any other
material(s) in a manner which might give rise to any erroneous conclusion
that there is any affiliation or association between lirealtor.com, on
the one hand, and you or any other person or entity, on the other hand. You
agree that if LIBOR, in its sole and unfettered discretion, requests
in writing that you remove any link or links to the lirealtor.com website,
you will promptly do so. You agree that if you create any link
to the lirealtor.com website that you will not employ any technology
that results in the placement of content from the lirealtor.com website
in a frame and/or a reduced pop-up window and/or any other display mechanism
which changes the lirealtor.com website from how it would appear if a
user typed in the lirealtor.com URL to a typical browser line.
4. INFORMATION
PROVIDED TO YOU THROUGH THE lirealtor.com WEBSITE FROM
LIBOR.
A.
The lirealtor.com website contains information, including, but not limited
to lirealtor.com Content. lirealtor.com presents
and makes available such content and information through the lirealtor.com
website as a public service, for the sole purpose of aiding you, the
individual consumer. lirealtor.com, therefore, cannot guarantee
the accuracy, sufficiency, correctness, veracity, completeness, or timeliness
of such information. You are responsible for confirming the sufficiency
and reliability of any such information.
B.
The lirealtor.com website you are about to enter also contains links to other
websites maintained by other organizations both public and private. LIBOR
has not made an independent investigation to ascertain whether or not
the information contained in said sites is accurate.
C. LIBOR
takes reasonable steps to maintain the accuracy and update the Content
on the Site. However, LIBOR does not make any representations or warranties
regarding the accuracy of the Content, nor does LIBOR make any commitment
to update the Content. LIBOR reserves the right in its sole discretion
to add, remove or otherwise modify the Content and the Site at any time
without notice.
D. The
Content and information provided on the Site is for informational purposes
only. The information should not be construed as a recommendation by LIBOR
for any course of action regarding financial, legal, or accounting matters. It
is not meant as a substitute for professional advice from a qualified legal,
accounting or financial professional.
5. INFORMATION PROVIDED TO YOU FROM lirealtor.com LINKS TO OTHER
SITES.
A.
For your convenience, the lirealtor.com website contains content and information
from links to affiliate websites (“Affiliate Content”). Such content
is not under the control of LIBOR and it is not responsible for such
content, including without limitation any link contained in such content,
or any changes or updates to such content. lirealtor.com is
providing such content to you only as a convenience and the inclusion
of such content does not imply endorsement by LIBOR or lirealtor.com
of such content or the affiliate. You may be subject to additional
and/or different terms, conditions, and privacy policies when you use
affiliate services, content, software or sites.
B.
Neither LIBOR nor lirealtor.com has any business relationship with any of
the firms selling services or products through links to their websites
other than the fact that LIBOR may receive a small commission if you
purchase such products or services. It is incumbent upon you to
investigate fully the products, services, and the companies offering
the same as neither this site nor its owners has done so. Such
websites may have terms and conditions of use which vary from the terms
of use for lirealtor.com. In the event that the terms of such website
are in conflict with these terms then in so far as the relationship between
you and LIBOR and lirealtor.com is concerned the terms of use set forth
herein shall prevail.
6. DISCLAIMER.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR
USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED
TO lirealtor.com CONTENT AND AFFILIATE CONTENT, PROVIDED BY LIBOR THROUGH
THE lirealtor.com WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION
IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. LIBOR AND lirealtor.com MAKE NO EXPRESS OR IMPLIED
REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS,
ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS
OF SUCH INFORMATION. LIBOR AND lirealtor.com EXPRESSLY DISCLAIM 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. LIBOR AND lirealtor.com SHALL HAVE NO LIABILITY
TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY
LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY
OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE lirealtor.com WEBSITE
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.
7. TO
lirealtor.com
In
order for you to participate in certain services that LIBOR provides through
the lirealtor.com website, LIBOR will require that you provide specific
information about yourself (the “lirealtor.com Solicited Information”). If
you choose to participate in such services, you agree to provide true,
accurate and complete information and to refrain from impersonating or
falsely representing your affiliation with any person or entity. LIBOR
is committed to maintaining the privacy and security of any and all such
information that you provide to them through the lirealtor.com website. To
that end, LIBOR urges you to review the lirealtor.com Privacy Policy which
may be accessed by clicking on the following link:
lirealtor.com Privacy
Policy.
8. SERVICES
PROVIDED THROUGH THE lirealtor.com WEBSITE
Non-Commercial Services
lirealtor.com provides
through the lirealtor.com website a number of venues in which interactive
services (“Interactive Services”), such as online calculators, planning
tools, and checklists, are offered to you. Such services are offered
by lirealtor.com for the sole purpose of disseminating information for
the public’s benefit. lirealtor.com cannot
guarantee the accuracy, sufficiency, correctness, veracity, completeness,
or timeliness of such services. You are responsible for confirming
the sufficiency and reliability of any such service.
THE
INFORMATION CONTAINED IN AND PROVIDED THROUGH lirealtor.com INTERACTIVE
SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL
ADVICE. LIBOR AND lirealtor.com MAKE NO EXPRESS OR IMPLIED REPRESENTATION,
WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION, INCLUDING THE
CONTENT, CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE
APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACITY, VALUE, SUFFICIENCY, TIMELINESS,
OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN
AND PROVIDED THROUGH SUCH SERVICES. LIBOR AND lirealtor.com EXPRESSLY
DISCLAIM 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 WITH REGARD TO SUCH SERVICES. LIBOR
AND lirealtor.com SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH
SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST
PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR
OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION AND
CONTENT CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT
WILL LIBOR OR lirealtor.com BE LIABLE TO ANY USER OF SUCH SERVICES OR TO
ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH
SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION AND CONTENT
CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER’S SOLE AND
EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING
THE SERVICE.
9. FORUMS;
RESPONSIBILITY FOR SUBMISSIONS; LIBOR’S RIGHT TO REMOVE SUBMISSIONS
From
time to time a discussion forum, bulletin board, blog, chat area, news
group, community, or other feature designed so that Users may upload data
and images or communicate with others (“Forum”) may be made available to
Users on this Site. LIBOR, in its sole discretion, reserves the right
to review, control or edit any text, data, images, files, or other materials
that may be uploaded, posted or submitted in any forum (“Submissions”)
as well as the right to refuse to post any such Submission. LIBOR does
not guarantee that it will review every submission, nor does LIBOR and
lirealtor.com guarantee the accuracy, legality or reliability of any submissions,
and under no circumstances will LIBOR or lirealtor.com be responsible or
liable for Submissions, and Users are advised to investigate and evaluate
Submissions prior to relying on any of them. Users understand that Submissions
may be accessible to and viewed by the general public, therefore Users
should exercise caution before including any personally identifiable information
in a Submission.
USERS
REPRESENT AND WARRANT THAT THEY HAVE THE LEGAL RIGHT AND/OR HAVE OBTAINED
ALL LICENSES AND PERMISSIONS NECESSARY TO POST THE SUBMISSION, AND THAT
THE SUBMISSION WILL NOT VIOLATE ANY LAW OR INFRINGE ON THE RIGHTS OF ANY
THIRD PARTY, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, PATENT,
PRIVACY OR PUBLICITY RIGHTS. USERS SHALL NOT POST ANY SUBMISSION THAT
IS DEFAMATORY, LIBELOUS, SEXUALLY EXPLICIT, OBSCENE, INAPPROPRIATE, INDECENT,
OR PROFANE, OR THAT IS DONE WITH THE INTENT TO HARASS, STALK, OR THREATEN
OTHERS. USERS SHALL NOT USE SUBMISSIONS OR THE FORUM IN CONNECTION WITH
SURVEYS, CONTESTS, PYRAMID SCHEMES, CHAIN LETTERS, JUNK E-MAIL OR SPAMMING. USERS
SHALL NOT IMPERSONATE ANY OTHER PERSON WHEN POSTING A SUBMISSION OR CREATE
A FALSE IDENTITY TO MISLEAD OTHERS. LIBOR HAS THE RIGHT, AT LIBOR’S SOLE
DISCRETION, TO COPY REPRODUCE, DISTRIBUTE, TRANSMIT, AND DISPLAY SUBMISSIONS
AT ANY TIME WITHOUT CONSIDERATION, AND LIBOR HAS THE RIGHT TO DELETE ANY
SUBMISSION AT ANY TIME WITHOUT NOTICE. USERS AGREE TO INDEMNIFY, DEFEND
AND HOLD LIBOR AND lirealtor.com HARMLESS FROM ANY CLAIMS, ACTIONS, LIABILITIES,
LOSS, COSTS, DAMAGES, OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES,
THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM THE USER’S SUBMISSIONS. SUBMISSIONS
MAY NOT CONTAIN ANY ADVERTISEMENTS OR SOLICITATIONS WITHOUT LIBOR’S PRIOR
WRITTEN CONSENT.
LIBOR
AND lirealtor.com DISCLAIMS RESPONSIBILITY AND LIABILITY FOR THE CONTENT
AND OPINIONS EXPRESSED BY USERS AND/OR OTHERS ON THE SITE INCLUDING, BUT
NOT LIMITED TO, CONTENT OR OPINIONS REGARDING ANY PRODUCTS OR SERVICE MENTIONED
ON THE SITE.
Each
Forum may have rules particular to that Forum, and Users agree to abide
by those rules when participating in that Forum. LIBOR reserves the right
to limit or terminate access to Forums at any time for any reason without
notice.
10. THIRD-PARTY
SERVICES.
A
number of commercial services, such as shopping and contractor services,
are offered by third parties through the lirealtor.com websites. You
acknowledge that by permitting such services to be offered through the
lirealtor.com websites, lirealtor.com is acting as a passive conduit for
the transmission to such third parties of any information related to such
services that you submit to lirealtor.com. In order for LIBOR and
lirealtor.com to distribute your information and facilitate contacts between
you and such third parties, you hereby grant LIBOR and lirealtor.com permission
to disclose any and all of the information that you provide to lirealtor.com
and/or LIBOR to any such third party that LIBOR and lirealtor.com, in its
sole discretion, deems relevant and appropriate.
Any
information that you provide to LIBOR and/or lirealtor.com must be true,
complete, and accurate, must not represent you as someone else or falsely
identify you, and must not violate any law, statute, ordinance or regulation. You
are solely responsible for such information and for all of the terms and
conditions of transactions between you and such third parties, including,
without limitation, terms regarding warranties, insurance, fees, taxes,
titles and licenses.
You must not submit a request for a third party service through the lirealtor.com
websites unless you intend, in good faith, to contract with such third party
for the use of such service.
LIBOR
and lirealtor.com are not and will not be responsible for (i) the terms
and conditions of any transaction between you and any third party, (ii)
any insufficiency of or problems with any such third party’s background,
insurance, credit or licensing, or (iii) the quality of services performed
by any such third party or any other legal liability arising out of or
related to the performance of such services. In the event that you
have a dispute with any such third party, you release LIBOR and lirealtor.com
(and its affiliates, agents and employees) from any and all claims, demands
and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
11. ADVERTISERS.
Advertisement
banners and other forms of advertising exist on the Site. However, LIBOR
and lirealtor.com are not responsible for the claims or representations
made by any advertiser on the Site nor are LIBOR and/or lirealtor.com responsible
for the products and services of advertisers on the Site. Furthermore,
mere presence of an advertiser on the Site does not constitute an endorsement,
approval, or sponsorship of any advertiser by LIBOr or lirealtor.com in
any respect unless expressly indicated otherwise.
12. MODIFICATION
OF AGREEMENT.
LIBOR
reserves the right, in its sole discretion, to modify, add or remove portions
of these Terms of Use at any time without notice or liability, and such
modification shall become effective upon posting on the Site. Your use
of the Site following any such modification shall be conclusively deemed
to be your acceptance of such modification.
13. SUSPENSION
OR TERMINATION OF ACCESS.
LIBOR
reserves the right, in its sole discretion, to suspend or terminate a User’s
access to the Site for any reason, including but not limited to, a User’s
breach of this Agreement. LIBOR may change, suspend or discontinue any
aspect of the services provided at the Site at any time without notice
or liability, including the availability of any feature, blog, database
or content.
14. INDEMNIFICATION.
User
agrees to defend, indemnify and hold harmless LIBOR and lirealtor.com from
all actions, liabilities, losses, claims, damages, costs, and expenses
including but not limited to reasonable attorney’s fees, resulting from
the User’s violation of any term of this Agreement or alleged illegal use
of this Site.
15. GENERAL
TERMS.
This Agreement is governed by the laws of the State of New York,
U.S.A. You hereby consent to the exclusive jurisdiction and venue
of courts sitting in New York, County of Suffolk and/or Eastern District
of New York in all disputes arising out of or relating to the use of the
lirealtor.com websites. Use of the lirealtor.com websites is unauthorized
in any jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and LIBOR/lirealtor.com as a result of this Agreement,
or the use of the lirealtor.com website.
LIBOR’s and lirealtor.com’s performance of this Agreement is subject to existing
laws and legal process, and nothing contained in this Agreement is in derogation
of LIBOR’s and/or lirealtor.com’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the
lirealtor.com website or information provided to or gathered by lirealtor.com
with respect to such use. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of
the original provision and the remainder of the Agreement shall continue
in effect. Unless otherwise specified herein, this Agreement constitutes
the entire agreement between you and LIBOR/lirealtor.com with respect to
the lirealtor.com website and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
you and LIBOR/lirealtor.com with respect to the lirealtor.com website. A
printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon
or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON
THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIBOR AND lirealtor.com, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN
NO EVENT SHALL LIBOR OR lirealtor.com AND/OR THEIR SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE lirealtor.com WEBSITES, WITH THE DELAY
OR INABILITY TO USE THE lirealtor.com WEBSITES OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE lirealtor.com
WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE lirealtor.com WEBSITES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF LIBOR AND/OR lirealtor.com OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE lirealtor.com WEBSITES, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE lirealtor.com WEBSITES.
You
agree to indemnify, defend and hold harmless LIBOR, lirealtor.com, its
partners, affiliates, subsidiaries and suppliers from any liability, loss,
claim and expense (including attorney’s reasonable fees) related to your
violation of this Agreement.
As
part of the registration process to use the Members Only portions of the
Site, you will select a user name and password. You may change your password
at any time in accordance with the procedure on the Site. You agree you
are exclusively responsible for maintaining the security of your password. You
agree to provide LIBOR with accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of this Agreement,
which may result in immediate termination of your access to the Site.
LIBOR
reserves the right, but not the obligation, to send electronic mail to
any and all users of the Site for the purpose of informing them of changes
or additions to the Site or any related services or products. Your registration
on the Site constitutes your consent to receive such electronic mail unless
it is subject to any right you may have to opt-out of receiving said messages
and you have opted out as provided for by LIBOR.
All materials on the lirealtor.com websites (as well as the organization
and layout of the lirealtor.com websites) are owned and copyrighted or
licensed by LIBOR and/or lirealtor.com, its affiliates or its suppliers
and licensors. (c) 1999, 2000 Copyright Long Island Board of Realtors,
Inc. All rights reserved. No reproduction, distribution, or
transmission of the copyrighted materials at the lirealtor.com websites
is permitted without the written permission of LIBOR. Any rights not expressly
granted herein are reserved.
If
you believe that your intellectual property rights have been violated by
LIBOR or by a third party who has uploaded Content on our Site, please
provide the following information to the LIBOR-designated copyright agent
listed below.
a. A description of the copyrighted work or other intellectual property
that you claim has been infringed;
b. A description of where the material that you claim is infringing
is located on the Site;
c. An address, a telephone number, and an e-mail address where LIBOR
can contact you and, if different, an e-mail address where the alleged
infringing party, if not LIBOR, can contact you;
d. A statement that you have a good-faith belief that the use is
not authorized by the copyright or other intellectual property rights owner,
by its agent, or by law;
e. A statement by you under penalty of perjury that the information
in your notice is accurate and that you are the copyright or intellectual
property owner or are authorized to act on the owner’s behalf;
f. Your electronic or physical signature.
LIBOR
may request additional information before removing any infringing material. LIBOR
may provide the alleged infringing party with your e-mail address so that
that person can respond to your allegations.
Pursuant
to Title 17, United State code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to Service
Provider’s Designated Agent listed below. ALL INQUIRES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
GOLDSON, NOLAN, & CONNOLLY, P.C.
CATHY NOLAN
General Counsel
145 Marcus Blvd. Suite #4
Hauppauge, NY 11788
631-236-4105
Fax: 631-236-4110
16. USER’S CONSENT TO BE LEGALLY BOUND TO AGREEMENT.
IN
CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. USE OF
THE SITE IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT
AND YOUR ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF
YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING
THIS SITE IN ANY MANNER.
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