WEB SITE TERMS OF USE
Welcome to Rosa Tarantino's website a Burgdorff ERA
Realtor Web site (this "Web Site"). Rosa Tarantino.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 Rosa Tarantino.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. |
