|
Realgy, LLC Terms of Use
PLEASE READ THE FOLLOWING TERMS
OF USE AND DISCLAIMERS CAREFULLY
BEFORE USING THIS WEB SITE. BY
USING THIS WEB SITE, YOU AGREE
TO THESE TERMS OF USE. IF YOU
DO NOT ACCEPT ALL OF THESE TERMS
OF USE, DO NOT USE THIS SITE.
IF YOU HAVE ANY QUESTIONS ABOUT
THESE TERMS OF USE, PLEASE CONTACT
TERMSOFUSE@REALGY.COM.
This Agreement is between you,
the user of the Realgy, LLC.com
Web Site, the licensor of Realgy,
LLC, and Realgy, LLC (the "Company"),
for the use of all, or part of
the Company's products and/or
services and/or software and/or
the Company's Internet web site
(collectively, "the Services").
This Agreement sets forth the
terms and conditions governing
your use of this Web Site, currently
located at www.Realgy.com or the
authorized licensor site (this
"Site"), and your use
of the Services, and is in addition
to any executed and delivered
agreements by and between you
and the Company ("Other Agreements").
To the extent any conflict should
exist between any of the specific
terms or provisions of any Other
Agreements and these Terms of
Use, the terms and provisions
of such Other Agreements shall
be controlling unless stated otherwise
therein. This Agreement also incorporates
by reference any other terms relevant
to this Site, including the Company's
Realgy,
LLC Privacy Policy.
The Content on this Site
The Company is providing the links
and information on this Site as
a convenience to you and is not
responsible for the accuracy or
content of any such information
or linked web sites. You acknowledge
that the Company is not responsible
for the availability of, or the
content located on or through,
any external site, and that your
reliance upon information contained
on this Site or on the linking
to or content of any external
site is at your own risk. The
Company explicitly disclaims any
responsibility for the accuracy,
content or availability of information
found on any sites that link to
or from this Site.
The Company, in its sole discretion,
may add, delete or change some
or all of the features of this
Site at any time with or without
notice. The Company also reserves
the right at any time and from
time to time to modify or discontinue,
temporarily or permanently, the
Services (or any part thereof)
with or without notice. You agree
that the Company shall not be
liable to you or to any third
party for any modification, suspension
or discontinuance of the Services.
No Resale of Site
You agree not to reproduce, duplicate,
copy, sell, resell or exploit
for any commercial purposes, any
portion of the Site, use of the
Site, or access to the Site, without
the express, prior written consent
of Realgy, LLC in each instance.
Products and Services Offered
by and Links to Other Businesses
The Site provides links to other
web sites. In addition, businesses
other than the Company provide
services or sell products on the
Site. Because the Company cannot
control such other sites and businesses,
you agree that the Company is
not responsible for and does not
endorse and content or products
offered by such other sites and
businesses. You should review
the privacy policies and terms
of use for the other sites and
businesses you access via the
Company's Site.
Product Descriptions
The Company tries to be as accurate
as possible when describing products
offered by the Company itself.
However, the Company does not
guarantee that such product descriptions
are accurate, complete, reliable
or up-to-date.
Risk of Loss
For all items purchased directly
from the Company, the risk of
loss and title for such items
pass to you once the Company delivers
such items to the carrier.
Advertisers
Your interactions with advertisers
found on the Site are solely between
you and such advertisers. You
agree that the Company does not
assume any responsibility or liability
for any loss or damage incurred
as a result of any such advertisers.
Comments, Suggestions and Other
Content
You may post comments, suggestions
and other content as long as the
content is not illegal, obscene,
threatening or objectionable and
does not consist of or contain
software viruses, chain letters
or mass mailings. You may not
use a false identity or e-mail
address or otherwise mislead as
to the origin of your comments,
suggestions or other content.
The Company may (but is not obligated
to) remove or edit such content,
but does not regularly review
posted content. If you do post
content, you grant the Company
a nonexclusive, royalty-free,
irrevocable and licensable right
to use, publish, distribute and
display such content throughout
the world in any media. The Company
is neither responsible nor liable
for any content posted by you
or any third party.
Conduct as a User
The content provided on this Site
is being provided to you in connection
with the Company's provision of
the Services and in consideration
of your agreement to these Terms
of Use. You agree not to modify,
reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast,
perform or circulate any material
set forth or located on this Site
without the prior written permission
of the Company or the appropriate
licensor. You further agree that
you may not sell, offer for a
price, rent, lease or lend the
Services or any part thereof.
User Eligibility
The Company's services are available
only to individuals or businesses
that can form legally binding
contracts under applicable law.
If you do not qualify, you may
not use the Company's services.
Your Information
"Your Information" includes
any information you provide to
us, including but not limited
to, any information you provide
(i) during your enrollment with
this Site, (ii) through any email
feature and/or (iii) your use
of the Services.
Subject to the Privacy Policy,
by posting Your Information on
or through this Site, you automatically
grant the Company a royalty-free,
perpetual, irrevocable, non-exclusive
license to use, reproduce, modify,
transmit, translate, distribute,
perform and display Your Information
alone or as part of other works
in any form, media, or technology
whether now known or hereafter
developed, and to sublicense such
rights to others.
Privacy Policy
Company will only use and disclose
Your Information in accordance
with its then-current Privacy
Policy, available on this Site.
Intellectual Property
The materials, data and other
information, including all trademarks,
service marks and trade names,
used or displayed on this Site
("Intellectual Property)
are the property of the Company
or the licensors of such Intellectual
Property and are protected by
applicable copyright, trademark
and other laws. This Agreement
does not grant you any rights
in connection with any current
or future Intellectual Property
owned by the Company or such licensors.
Realgy will enforce its intellectual
property rights to the fullest
extent of the law. The name of
Realgy or the Realgy logo may
not be used in any way, including
in advertising or publicity pertaining
to distribution of Materials on
this web site, without prior written
permission. Realgy prohibits use
of the logo as an electronic link
to any Realgy site unless establishment
of such a link is approved in
advanced by Realgy in writing.
Use of Software and Data
Any software or code downloaded
by you from this web site, including,
without limitation, any files,
images incorporated in or generated
by the software, code and data
accompanying the software (collectively,
the "Software") is licensed
to you under terms of Realgy's
standard end-user license agreement
or the specific Terms of Use (whether
supplied by Realgy or a third
party) applicable to any of the
Materials (the "License Agreement").
Your rights to use the Software
are expressly limited to the terms
set forth in the License Agreement
or Terms of Use. Access to or
downloading of the Software does
not in any way transfer title
to the Software, or any intellectual
property rights contained therein,
to you.
System Integrity
You may not use any device, software
or routine to interfere or attempt
to interfere with the proper working
of this Site or with any transaction
conducted on this Site. You may
not take any action that imposes
or places an unreasonable or disproportionately
large load on the Company's infrastructure.
You may not disclose or share
your password with any third party
or use your password for any unauthorized
purpose and are fully responsible
for all activities that occur
under your password or account.
You agree to notify the Company
immediately of any unauthorized
use of your password or account
or any other security breach.
You agree that you will not use
any robot, spider, other automatic
device, or manual process to monitor,
deep link with or copy the Company's
web pages or the content contained
herein without the Company's prior
written consent.
No Warranty
THE SERVICES AND THE INFORMATION,
PRODUCTS AND MATERIALS CONTAINED
IN THIS SITE, INCLUDING BUT NOT
LIMITED TO ALL TEXT, GRAPHICS
AND LINKS, ARE PROVIDED BY THE
COMPANY ON AN "AS IS"
AND "AS AVAILABLE" BASIS
AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY.
TO THE MAXIMUM EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, THE COMPANY
SPECIFICALLY DISCLAIMS ALL WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY,
WITH RESPECT TO THE SERVICES AND
ANY SUCH INFORMATION, PRODUCTS
AND MATERIALS, INCLUDING WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
FREEDOM FROM COMPUTER VIRUS OR
OTHER HARMFUL COMPONENTS, AND
IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF
PERFORMANCE.
THE COMPANY DOES NOT GUARANTEE
CONTINUOUS, UNINTERRUPTED OR SECURE
USE OF, OR ACCESS TO, THE SITE
OR THE SERVICES. OPERATION OF
THIS SITE MAY BE INTERFERED WITH
BY NUMEROUS FACTORS, INCLUDING
BUT NOT LIMITED TO TELECOMMUNICATIONS
NETWORK DISRUPTIONS. THE COMPANY
DOES NOT GUARANTEE THE ACCURACY,
TIMELINESS OR COMPLETENESS OF
ANY INFORMATION ON, OR ACCESSIBLE
VIA, THIS SITE OR THE RESULTS
OF YOUR USE OF THIS SITE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY
OR ITS LICENSORS BE LIABLE FOR
LOST PROFITS OR ANY SPECIAL, PUNITIVE,
INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR
IN CONNECTION WITH THE USE, THE
INABILITY TO USE, OR THE PERFORMANCE
OF THE SERVICES AND/OR PROVISION
OF ANY INFORMATION, PRODUCTS,
MATERIALS OR LINKS AVAILABLE ON,
OR ACCESSIBLE VIA, THIS SITE,
EVEN IF THE COMPANY OR AN AUTHORIZED
REPRESENTATIVE OF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS
SHALL ONLY APPLY TO THE EXTENT
PERMISSIBLE UNDER APPLICABLE LAW.
U.S Government Restricted Rights
The Materials on this web site
are provided with "RESTRICTED
RIGHTS." Use, duplication,
or disclosure by the U.S. Government
is subject to restrictions as
set forth in applicable laws and
regulations, including, but not
limited to, the restrictions provided
in DFARS 227.7202-1(a) and 227.7202-3(a)
(1995), DFARS 252.227-7013(c)(1)(ii)
(OCT 1988), FAR 12.212(a) (1995),
FAR 52.227-19, or FAR 52.227-14
(ALT III), as applicable.
Indemnity
You agree to indemnify and hold
the Company and its subsidiaries,
affiliates, officers, directors,
agents and employees, harmless
from and against any claim or
demand, including reasonable attorney's
fees, made by any third party
due to or arising out of your
breach of this Agreement or the
documents it incorporates by reference,
or your violation of any law or
the rights of a third party.
Termination
The Company reserves the right
to terminate your access to this
Site for any reason or for no
reason. You agree that any termination
of your access to this Site may
occur without prior notice to
you. You also agree that the Company
will not be liable to you or any
other party for any such termination.
General Compliance with Laws
You shall comply with all applicable
laws, statutes, ordinances and
regulations regarding your use
of this Site.
Notices
Any notices you provide under
this Agreement to the Company
shall be made via e-mail addressed
to: termsofuse@realgy.com. Notices
to you from the Company may be
made via either email or regular
mail. The Company may also provide
notices of changes to the Terms
of Use or other matters by displaying
notices or links to notices to
you generally on the Site.
Applicable Law
This Site is controlled by the
Company from its offices within
the State of Connecticut, USA.
The laws applicable to the interpretation
of these Terms of Use and to any
dispute of any sort that may arise
between you and the Company shall
be the laws of the State of Connecticut,
USA, and applicable federal law,
without regard to any conflict
of law provisions. If any provision
of this Agreement is held to be
invalid or unenforceable by any
court or tribunal of competent
jurisdiction, the remainder of
this Agreement will not be affected
thereby, and such provision will
be carried out as nearly as possible
according to its original terms
and intent to eliminate such invalidity
or unenforceability.
The Company makes no representation
that the content on this Site
is appropriate for access outside
of the United States. Those who
choose to access this Site from
outside the United States do so
on their own initiative and are
responsible for compliance with
local laws.
By using this Site, you agree
to the submission of any dispute
arising out of or relating to
this Agreement or the Company's
services to the state and federal
courts of the State of Connecticut,
USA.
General Information
The Company may amend these Terms
of Use at any time by posting
the amended terms on this Site.
This Agreement may not be otherwise
amended except in writing signed
by you and the Company. The failure
of the Company to exercise or
enforce any right or provision
of these Terms of Use shall not
constitute a waiver of such right
or provision. The section titles
in these Terms of Use are for
convenience only and have no legal
or contractual effect. You agree
that regardless of any statute
or law to the contrary, any claim
or cause of action arising out
of or related to use of the Services
or the Terms of Use must be filed
within one (1) year after such
claim or cause of action arose
or be forever barred.
In addition to these Terms of
Use, you also may be subject to
additional terms and conditions
that may apply when you use affiliate
services, third-party content
or third-party software.
This Agreement was last revised
on March 4, 2003.
Close
|