Terms of Use
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 that LIBOR does not aid or assist
borrowers in obtaining loans, does not solicit borrowers or lenders, and does
not negotiate or make loans secured by liens on real property.
1. INTRODUCTION
The lirealtor.com
website is owned by the Long Island Board of Realtors. Inc. (LIBOR) who conducts
its business at 300 Sunrise Highway, West Babylon, New York 11704. This
site contains 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 other
public websites, quasi public websites, private not-for-profit websites and
business-for-profit websites. The
information 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,
refers 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 at 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 FOR CERTAIN WEBSITES OR WEB PAGES WITHIN THE lirealtor.com WEBSITE.
NOTICE FOR ALL
FINANCIAL AND MORTGAGE TOOLS. These 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 read and comply with each
and every section of these Terms of Use.
2. 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 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 without the written permission of lirealtor.com.
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.
3. INFORMATION PROVIDED TO YOU THROUGH
THE lirealtor.com WEBSITE
FROM LIBOR.
A.
The lirealtor.com website contains content and information originated by LIBOR
(the “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.
4. 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 LIBOR 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, LIBOR
and lirealtor.com is concerned the terms of use set forth herein shall prevail.
5. 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.
6. 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.
SERVICES PROVIDED THROUGH THE lirealtor.com
WEBSITE
7. 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 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 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 OR SUCH
SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION 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.
8. 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 lirealtor.com to distribute your information
and facilitate contacts between you and such third parties, you hereby grant
lirealtor.com permission to disclose any and all of the information that you
provide to lirealtor.com to any such third party that lirealtor.com, in its sole
discretion, deems relevant and appropriate.
Any information that
you provide to 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.
lirealtor.com is 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.
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 LIBOR and lirealtor.com as
a result of this Agreement, or the use of the lirealtor.com website.
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
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,
LIBOR and 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, LIBOR, and 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. lirealtor.com, IT’S 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.
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 lirealtor.com,
its affiliates or its suppliers and licensors. (c) 2008 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 lirealtor.com. Any
rights not expressly granted herein are reserved.
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 below.
ALL INQUIRES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
GOLDSON / NOLAN ASSOCIATES, LLP
HOWARD W. GOLDSON
General Counsel
145 Marcus Blvd Suite# 4
Hauppauge, NY 11787
631-236-9877
Fax: 631-236-9871