Virtual Office Website Policy Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, CONSUMER AGREES TO THESE TERMS OF USE. IF CONSUMER DOES NOT AGREE TO THESE TERMS OF USE, CONSUMER AGREES NOT USE THIS SITE.
A. General. This VOW (the “Site”) is owned and operated by iDeal Location, Inc. (referred to as “Realtor “). iDeal Location, Inc. has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.
B. Restrictions on Use.
1. Consumer shall use the Site for lawful purposes only. Consumer shall not post or transmit through the Site any material that violates or infringes in any way upon the rights of others; is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Realtor’s express prior approval, Consumer shall not post or transmit through the Site any material that contains advertising or any solicitation with respect to products or services. Consumer shall not use the Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Site. Any conduct by Consumer that in Realtor’s discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. Consumer presently, and at all times in the future, shall maintain a bona fide interest in the purchase, sale, or lease of real property of the type being offered through this Site.
2. The Site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the Site are copyrighted under the United States copyright laws. Consumer may not modify, publish, transmit, display, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of the Realtor, the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made, and no ownership rights shall be transferred. Consumer acknowledges Realtor’s ownership of and the validity of the copyright in the Realtor Database.
3.. Consumer shall not e-mail, upload, post, frame, or otherwise make available on the Site any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with Consumer. Consumer shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm that may result.
4. The foregoing provisions of Section 3 are for the benefit of the Realtor, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
C. Equipment. Consumer shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
D. Disclaimer of Warranty; Limitation of Liability.
1. CONSUMER EXPRESSLY AGREES THAT USE OF THE SITE IS AT CONSUMER’S SOLE RISK. NEITHER THE REALTOR AND ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
2. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED. CONSUMER SPECIFICALLY ACKNOWLEDGES THAT REALTOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH IT HAS NO CONTROL.
4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE REALTOR’S TOTAL LIABILITY TO CONSUMER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE), OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY CONSUMER, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
E. Consumer-Realtor Relationship. Consumer acknowledges that if Consumer chooses to engage the Realtor, also recognized as the owner of the VOW site, the Consumer shall be considered represented in a nonexclusive agency relationship with the Realtor, unless otherwise determined between the Consumer and the Realtor.
F. Monitoring. Realtor shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, Realtor shall have the right to remove any material that Realtor, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
G. Registration to Use Site. Consumer acknowledges that if Consumer chooses to access the Site, Consumer must complete Site registration form. Upon registration, the Consumer shall receive a user password in the valid email account elected by Consumer on the registration form.
H Indemnification. Consumer agrees to defend, indemnify and hold harmless the Realtor and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of Consumer’s use of the Site.
I. Trademarks. The Realtor and each of its logos are trademarks of iDeal Location, Inc. All rights reserved. All other trademarks appearing on the Site are the property of their respective owners.
J. Third-Party Content. The Realtor is not
a publisher of content supplied by third parties and users of the Site. Accordingly, the Realtor does not have any more editorial control over such content than a public library, bookstore, or newsstand does. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of the Realtor. In many instances, the content available through the Site represents the opinions and judgments of the respective information provider or user. The Realtor neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the site by anyone other than authorized Realtor employee spokespersons while acting in their official capacities.
K. Viruses. The Realtor assumes no responsibility and shall not be liable for any damages to or viruses that may infect Consumer’s computer equipment or other property on account of Consumer’s access to, use of, or browsing in the Site or Consumer’s downloading of any materials, data, text, images, video, or audio from the Site.
L. Export Control. Software and other materials from this Site may also be subject to United States Export Control. Neither Realtor nor MLSNI authorizes the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
M. Business Associates. The business associates of the Realtor, as identified on this Site, are independent contractors of the Realtor. The business associates are not joint venturers or partners of the Realtor. No employee or representative of the business associates is under the control of the Realtor.
N. Changed Terms. The Realtor has the right at any time to change or modify the terms and conditions applicable to use of the Site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by Consumer after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.
O. Miscellaneous. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. Consumer hereby consents to the personal jurisdiction of the State of Illinois, acknowledges that venue is proper in any state or Federal court in the State of Illinois, agrees that any action related to these terms of use must be brought in a state or Federal court in the State of Illinois and waives any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.