WEB SITE TERMS OF USE
Welcome to www.real-estate-summit-nj.com (this "Web Site").
www.real-estate-summit-nj.com 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 real-estate-summit-nj.com ("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 contacting the web service provider for www.real-estate-summit-nj.com
at (973) 887-7737 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 United States and/or worldwide copyright and trademark
laws. You recognize that any reproduction or use of Content, except as authorized
by these Terms, is considered intentional infringement.
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.
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 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 the State of New Jersey. It
can be accessed from all 50 states, as well as from other countries around the world.
As each of these places has laws that may differ from those of New Jersey, by accessing
this Web Site, You agree that these Terms and Your use of the Web Site shall be governed
in all respect by the internal substantive laws of the State of New Jersey, without
regard to conflict of laws provisions and shall not be governed by the United Nations
Convention on the International Sale of Goods. You further submit to exclusive jurisdiction
and venue in the state and federal courts located in the State of New Jersey for all
disputes, cases and controversies regarding this Web Site, Your use of this Web Site,
and Your relationship with Us. We make no representation that materials on this Web
Site are appropriate or available for use in other locations, and accessing them from
territories where the Content is illegal is prohibited. Those who choose to access
this Web Site from other locations do so at their own risk and are responsible for
compliance with local laws, including laws regarding the transmission of technical
data exported from the United States or the country in which You reside.
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. 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 EXPRESSELY GRANTED OR STATED IN THESE TERMS.
These terms were last updated on September 12, 2003.
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