Terms of Use
BY ACCESSING THIS SITE, YOU AGREE TO THE TERMS OF THE FOLLOWING TERMS AND CONDITIONS OF SITE USE AGREEMENT (AGREEMENT).
The following terms and conditions govern use of this
Site:
1. Definitions. "BNAR" shall mean the Buffalo
Niagara Association of REALTORS®, Inc., its employees, officers, directors, and
all other persons or entities affiliated with BNAR responsible for creating,
maintaining, and publishing this Site. "Content" shall mean all information or
images contained on the Site, including but not limited to, trademarks,
copyrights, data, text, graphics, photos, software and video. "Site" shall mean
the Internet site located at the URL address http://www.bnar.org. "User" shall mean any person or
entity that accesses or uses the Site in any manner.
2. No Unlawful Use; Minors;
Authorization. User warrants to BNAR that User will not use this
Site for any purpose that is unlawful or prohibited by these terms and
conditions or applicable law. User will not use this Site in any manner which
could damage, disable, overburden, or impair this Site or interfere with any
other party’s use and enjoyment of this Site. User will not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through this Site. Harassment in any manner or form on
this Site or through this Site is strictly forbidden. Impersonation of others on
the Site is prohibited. User will not upload to, distribute, or otherwise
publish through the Site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive or illegal, or
which may constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
User represents and warrants that User is at least 18
years of age and possesses the legal right to use the Site in accordance with
the stated terms and conditions. User hereby agrees to supervise usage by, and
be responsible for the actions of, any minors who use User’s computer and/or
account to access this Site.
User warrants that it is authorized to use any account
identification and any password entered on this Site to access or otherwise use
this Site or any features or functionality of this Site. User is solely
responsible for monitoring the use and protecting the security and
confidentiality of such password and account identification. User shall
immediately notify BNAR of any unauthorized use of the password or account
identification, or any other breach or threatened breach of the Site's security.
3. Copyrights; Limited License for Personal and
Non-Commercial Use Only; Printing of Site Content. The Content of this Site
is copyrighted by the BNAR or other persons and entities that provide
information to the Site. Users of this Site are granted a limited nonexclusive
license to use the Site and its Content for personal use but not for any other
use including political or commercial use. User's may not use any Content which
identifies REALTORS® or other persons, their mailing addresses, telephone
numbers or e-mail addresses except for the sole purpose of seeking or generating
referrals or initiating relationships for the purpose of obtaining brokerage or
related services from the REALTOR® without advance written approval of the BNAR.
Subject to the restrictions above, Users may print or copy Content from this
Site that is copyrighted or owned by BNAR provided that such copies are not
modified or revised in any manner and include proper notices indicating that the
Content is copyrighted or owned by the BNAR. (such as "Copyright© [Insert Year]
Buffalo Niagara Association of REALTORS®"). In addition, any Content which comes
from pages of this Site that contain disclaimers must be printed or copied with
the disclaimer included in its entirety. In the event a User wishes to print
Content from this Site, or other sites linked to from this Site, that is
copyrighted or owned by a person or entity other than the BNAR, the User must
obtain permission from the appropriate owner to do so. Except as permitted in
this Agreement, Content may not be reproduced, sold, transferred, modified,
redistributed, retransmitted, published, or exploited for any purpose without
the express written permission of the BNAR or appropriate owner of the
information.
If you would like to use or reprint Content from this Site for
purposes other than those permitted in the Agreement, please send a request to
Annette Fachko, General Manager. Please include in your request as much
information as possible including your intended use of the Content. If you would
like to republish the content in an article or publication, please indicate the
title and byline of the article and the publication it will appear in. In order
for requests to be considered, all requests must include your name, address,
phone number and email
4. Linking to and Framing this Site. Users
who create links to any page of the Site may not “frame” any page of the Site
for any purpose without the express written consent of the BNAR.
5. Links to Third Party Sites; Accuracy of Content on
Linked Sites. Links to other sites operated by independent, third
parties exist on this Site. While the BNAR provides these links as a service to
Users, the BNAR does not control these linked sites and the BNAR is not
responsible for the content contained on these sites. Unless otherwise
indicated, the BNAR does not endorse, approve, or otherwise warrant the accuracy
of any information or content contained on a linked site. User agrees that the
sites, including information, material, products and services therein, shall be
used solely at the User’s own risk. Linked sites have separate terms of use and
policies and BNAR has no responsiblity or liability for policies or terms on
linkes sites. Furthermore, because the BNAR privacy policy is applicable only
when you are on our Web site, once linked to another Web site, you should read
that site’s privacy policy before disclosing any personal information. You
access linked sites at your own risk. If you are unsure if have moved to another
site, check the Uniform Resource Locator (URL) address provided in your WWW
browser.
6. Modification of Terms And Conditions Of Site Use
Agreement. The BNAR reserves the right, in its sole discretion, to
modify or revise this Agreement at any time without giving notice. The
modifications shall be effective immediately upon posting of the modified
Agreement. Accordingly, User agrees to review the Agreement periodically, and
User’s continued access or use of Site shall be deemed User’s acceptance of the
modified Agreement.
7. Disclaimer Regarding Warranties. This site and the
information, software and other material available on or accessible from this
site is provided on an "AS IS" and "AS AVAILABLE" basis and, to the maximum
extent permitted by applicable law, without warranties of any kind, either
express or implies, including but not limited to warranties of title,
noninfringement or implied warranties of merchantability or fitness for a
particular purpose.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW,
BNAR HEREBY DISCLAIMs ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS
SITE AND CONTENT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND
NON-INFRINGEMENT
The BNAR does not warrant that the site service will be
uninterrupted or error free, that any information, software or other material
available on or accessible through the site is free of viruses or other harmful
components, or that any defects will be corrected. Nor does BNAR make any
representations regarding the suitablility, reliability, or accuracy of the Site
or Content.
IN NO EVENT SHALL BNAR OR ANY OTHER PARTY INVOLVED IN CREATING
OR DISTRIBUTING THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR 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 THIS SITE, WITH
ANY DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, or damages arising from viruses which infect visitors’ computers,
even if BNAR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES.
EXCEPTION: If for any reason the law does not allow the BNAR
to limit or exclude liability for these incidental or consequential damages, it
is agreed by the user and the BNAR that the BNAR's liability to the user for all
losses, damages, injuries, and claims of every kind (whether the damages are
claimed under the terms of a contract, or they're claimed to be caused by
negligence or other wrongful conduct, or they're claimed under any legal theory)
will not be greater than the amount the user paid to access the site. Either
express or implied, including but not limited to, implied warranties of
merchantability, title, noninfringement of intellectual property, security and
fitness for a particular purpose. BNAR does not guarantee access to or
uninterrupted and error free operation of the site.
8.Suspension
or Termination of Access. BNAR reserves the right, in its sole
discretion, to suspend or terminate without notice a User's access to the Site
for any reason, including but not limited to, a User's breach of this
Agreement.
9. Indemnification. User agrees to defend,
indemnify and hold harmless BNAR from any and all liabilities, losses, claims,
costs, and expenses including, but not limited to, reasonable attorney's fees,
related to the User's violation of any term of this Agreement or use of this
Site, or any other person's use of this site using User's computer and/or
account.
10. Reservation of Rights. All rights not
expressly granted or addressed herein are reserved by the BNAR.
11. Choice of Law; Jurisdiction and Venue.
This Agreement and the resolution of any dispute related to this Agreement or
the Site shall be governed by and interpreted according to the laws of the State
of New York without regard to conflicts of law principles, and not in any way by
the 1980 U.N. Convention on contracts for the international sale of goods. The
BNAR’s failure to insist upon strict enforcement of any provision of this
Agreement shall not be construed as a waiver of any provision or right. User
agrees that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this Site (including but not limited to
any dispute between User and BNAR arising from this Agreement) shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in the
Western District of New York (federal court) or Erie County, New York (state
court).
12. 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. 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.
13. Severability. If any provision of this
Agreement is determined to be unlawful, void or unenforceable, it will not
affect the validity and enforceability of any remaining provisions.
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