TERMS OF SERVICE, REGISTRATION, SITE USAGE, AND ADVERTISING.
By accepting these terms, I agree to the following terms, conditions, rules, AND noticeS:
- It is neither expressed nor implied that Hudson Valley Real Estate Network is, is operated by, or is affiliated with a licensed Real Estate Broker in New York or any other of the United States of America. Therefore, a "listing" on this Web site does not imply inclusion in any Multiple Listing Service (MLS), nor does it constitute a legal brokerage of or representation in any real estate transaction that may result from the use of this advertising service. The term "listing" as used here and elsewhere on said Web site refers only to the placement of either free or purchased classified advertising service that is only available to consumers and the general public as an electronic media availalble on the Internet through the World Wide Web.
- By placing a Real Estate advertisement on Hudson Valley Real Estate Network you, the purchaser, hereby declare that you are the owner of the property or are otherwise legally permitted to place the advertisement, as in licensed brokerage or agency, management, trustee, right-to-sublet, or other capacity that provides you the right to do so under the law. We are not under the law obliged to check every advertiser for such legal status, nor can we be held responsible for any damages incurred to actual property owners by deliberate misprepresentation on this Web site by a third party (see limited liability below).
- The succesful sale, rental, leasing, exchange, or any other kind of Real Estate tranaction that is sought by the purchaser of this advertising service is not nor cannot be implied or guaranteed.
- Classified ads placed on the Hudson Valley Real Estate Network Web site are available on the Internet 24 hours a day, 7 days a week, with allowance of a reasonable industry standard of expectation of server downtime and occassional maintenance, for the number of days as specified in the placement or purchase of the listing. A grace period of 7 days beyond the expiration date is allowed for renewal of the ad before it is deleted.
- All credit card and electronic funds transactions for the purchase of this advertising service will take place on fully secure htpps servers through the Paypal network and not on servers hosting www.hvren.com or otherwise affiliated with the Hudson Valley Real Estate Network which therefore cannot and will not and detect or collect any data used for purchase such as credit card numbers, usernames and passwords, address information, and other personal information.
- Refunds will be considered only in cases of our failure to deliver the advertising service for an extended period of more than 5% of the period of the listing during the calendar period that the listing was purchased due to programming or hradware erors or malfunctions that render the site unavailable to the general public or that prohibit the purchaser's usage of the site and the advertising service they've paid for. We cannot be held responsible for user errors or technical malfunctions of client-side hardware or software that prohibit purchaser's usage of or access to the Web site. Users and purchasers of this advertising service are solely responsible for all hardware and/or software necessary to access the Site and assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
- This site provides information regarding and links to products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services or the information provivded. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
- The information contained in any advertisements or directories that provided on the Site is not to be used for marketing or telemarketing purposes. This information may not be copied or redistributed and is provided "AS IS" without warranty of any kind. In no event will we be liable in any way with regard to misuse by a third party of such information. As a registered member or user of HVREN.com, you agree not to use the information contained herein for such purposes.
- To register for use of certain features of the site you are required to provide some personal information which you agree to be true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof. In return, we will not distribute this information to any third parties nor will we use it for purposes other than maintaining your membership and/or the services you use or purchase. All mailing lists and newsletters we provide are offered striclty on an opt-in/opt-out basis if you wish not to receive them.
- To register for use of certain features of this Site you will need to choose a username and password You are responsible for maintaining the confidentiality of the password and username for your account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
- When you submit an ad for publication on the Site, you agree that the advertisement becomes our property and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We reserve the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in our sole discretion. Rates and specifications are subject to change.
- 12. All Real Estate advertising on this site is available on an equal opportunity basis. The Federal Fair Housing Act makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State law governig Real Estate Brokerage may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. We reserve the right to refuse or cancel any advertisements or postings that we discover are in violation of these laws, but due to the nature of this service, which allows for auotmatic approval of ads, we cannot be held responsilbe for the such violations we were not aware of. Complaints regarding discrimination should be directed to the Webmaster and can also be directed to the U.S. Department of Housing and Urban Development at 800-669-9777.
- We reserve the right at all times to disclose any information we find necessary to satisfy any law, regulation or governmental request due to to a user's violation of any laws or statutes.
- To the extent allowable by law, you understand that we are under no obligation to monitor any reviews, directory listings, real estate listings, or other areas of the Site through which users can independently supply information or material. However, we do take measures to ensure the integrity of the site to the best our ability, and thus reserve the right to refuse to publish or post, or to remove or edit any information or materials, in whole or in part, that in our sole discretion is objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
Reasons for removal of information or refusal of service include but are not limited to:
- Interfering with or disrupting any servers or networks used to provide the Site or its features, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Using the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gaining unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Using the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Using the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Using the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Using the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising not provided explicitly by the site's standard features.
- Stealing listing information to be posted on another Web site or otherwise advertised in any manner, unauthorized linking to listings or any information or images on the site, using the site in a "wrapper" on another Web site, or harvesting listing information for telemarketing or other marketing purposes: we retain full copyright of all information published on this site and thus reserve all rights of copyright protection under the law.
General Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR TERMINATE YOUR ADVERTISEMENTS. |
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