WEB SITE TERMS OF USE
Welcome to Octavio Mendes's website a Burgdorff
ERA Realtor Web site (this "Web Site").
Octavio Mendes.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 Octavio Mendes.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.rosatarantino.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 EXPRESSLY GRANTED OR STATED
IN THESE TERMS.
These terms were last updated on September 12,
2003. |
