ACCEPTANCE OF TERMS
MODIFICATIONS OF THIS AGREEMENT
The information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the "Content") are proprietary to NYStateMLS and its licensors, and are protected by copyright and other U.S. and international intellectual property rights, laws and treaties. The Content includes proprietary databases (the "Database") of real estate information, which, by way of example, include information, text, photographic and other images and data contained therein (collectively, the "Information") and the proprietary organization and structures for categorizing, sorting and displaying such Information, and the related software ("Software"). The Site, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the "Product".
Those portions of the Product that may be accessed by the general public and that do not require any use of Passcodes (as defined below) are referred to as the "Non-Passcode Protected Product" (“Public Search”). Those portions of the Product that require use of Passcodes for access and are available only to individuals or entities ("NYStateMLS Clients"), or those acting through them, who enter into a License Agreement (as defined below) with NYStateMLS that authorizes access to such NYStateMLS service are referred to as the "Passcode Protected Product".
If you do have a Passcode Protected Product, it is your responsibility to protect your account username and password, and any loss or damage incurred is your responsibility.
Only Authorized Users for a Passcode Protected Product may access such product and they may access it solely using the user name, password (Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. NYStateMLS is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information).
An Authorized User is defined as an individual (a) employed by a NYStateMLS Client or an Independent Contractor (as defined below) of a NYStateMLS Client at a site identified in the License Agreement, and (b) who is specified in the License Agreement as a user of a specific Passcode-Protected Product. An "Independent Contractor" is defined as an individual person working solely for a NYStateMLS Client and not another company with real estate information needs and performing substantially the same services for such NYStateMLS Client as an employee of such NYStateMLS Client.
No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the NYStateMLS web site without express written permission from NYStateMLS.
By providing your email address, you grant NYStateMLS permission to use it for the purpose of communication.We will try to honor your requests to opt out of marketing messages, but we have no liability if you do receive these types.
NYStateMLS utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant NYStateMLS the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes NYStateMLS determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. NYStateMLS will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will NYStateMLS have any liability for sending any email to its registered users/customers.
Content submitted to this site is the sole responsibility of the person from which the content originated. We are NOT responsible for the content on this site, and cannot ensure that it is entirely accurate, but we reserve the right to approve content, and delete or refuse any content available through the site. We will do our best to ensure accurate information, but you understand that content may insult you in some manner, or may be inaccurate..
If you provide content, we acknowledge that you retain rights to this content, but once again it is solely your responsibility. With the content your provide, you give us and our affiliates a right and license to use worldwide, and/or to incorporate in other works in the future that may not be known to us now.
You agree to post accurate contact information in order to submit and maintain active property listings on this site. We have the sole authority to choose the manner in which property is searched and displayed, and we have the right to modify these listings.
You (a) represent and warrant that all properties and associated information provided will be accurate; (b) agreeto not permit the posting of a property on this site under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agree to administer the properties provided and maintain their accuracy at all times.
Furthermore, we have no responsibility to maintain copies of data posted on the site, it is your responsibility to maintain back-up copies of this data.
You agree that all information obtained from this site is proprietary to NYStateMLS. All information is confidential and protected as a trade secret of NYStateMLS. Before acting on any information provided on this site, make sure to consult an appropriate professionally because no content here constitutes advice.
You also agree to not attempt to reverse engineer our software, or use our services in an unlawful manner. If you violate these terms we will charge you $500 and immediately terminate your membership (and potentially seek criminal charges).
NYStateMLS offers two distinct paid subscription membership products to its active property listing service: (i) a paid subscription product for those Customers who want to enter listing with only up to four photos, enter brief personal information, search only active listings, and search member database (“Standard Membership”) and (ii) a paid subscription product for those Customers who want to utilize the Service to enter listings with up to twelve photos, enhance their listings with their own logo, photo, and website link, search all listings regardless of status, search member database, add links for virtual tours, buy banner advertisements and feature their listings on the NYStateMLS home page, view tax records and assessment inventory, and search by type of sale ("Premium Membership”). A Customer who purchases either a Standard Membership or a Premium Membership is a "Member." Member Subscription privileges are granted by NYStateMLS to individuals exclusively and are granted specifically to the subscribing Member only. Member Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Member without the express written permission of NYStateMLS. Member Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations. Customer acknowledges that NYStateMLS (in addition to its other remedies) can cancel and prohibit Membership Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. NYStateMLS also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Membership Subscriptions continue to renew at the prevailing level regardless of Customer's listing or searching activity on NYStateMLS.com. Membership Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the NYStateMLS Web site at three (3) days prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
A Standard Member may search the NYStateMLS property active listings Service, and will receive a subset of results of the available properties matching the Customer's designated search parameters. The Customer may also enter listings with up to four photos*, enter personal information, search other members within the database, and view full active listings. Upon registration, which is free for the first twelve months, the Customer becomes a Standard Member.In order to view all the available results for a given search, the Customer must upgrade to a Premium Membership. A Premium Member may enter listings with up to twelve photos*, add his/her own public logos, photos, and website links, enter his/her personal information, search ALL listings regardless of status, search member database, add links for virtual tours, buy banner advertisements and feature his/her listings on the home page (for additional fees), and search advanced tax records and assessment inventory search. These membership privileges are subject to change at the sole discretion of NYStateMLS.
*Photos are to contain pictures of properties only. Photos of people are prohibited.
For all plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer's subscription rate will be adjusted commencing with the next bill date. No partial month refunds will be provided. Standard Members may change current membership level to a higher Membership Subscription or to a Premium Membership by clicking on "Upgrade" under "My Account – Company Information". Service will upgrade. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided.
You understand that all listings, postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that NYStateMLS does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
This Product may include opportunities for users to submit information, data, text, photographs, images, graphics, and other content to the Product, for it to be publicly displayed on the Product, used by NYStateMLS in connection with researching real estate activity, or for some other purpose ("Submitted Content"). NYStateMLS acknowledges that if you provide NYStateMLS with any information or images, then you retain any applicable ownership rights that you may have with respect to such information and images. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated.
With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Product, you grant NYStateMLS and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that NYStateMLS may preserve any such content and may also disclose such content in its discretion.
Submission and Administration of Listings
Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to NYStateMLS unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on NYStateMLS’s website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the NYStateMLS website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the NYStateMLS website. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the NYStateMLS website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the NYStateMLS system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to NYStateMLS. NYStateMLS may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
Use of Information
Customer agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information ("Prior Sales"), and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to NYStateMLS. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of NYStateMLS. NYStateMLS does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active property listings in the Service and/or the Prior Sales information solely to obtain initial information from which further evaluation and investigation may commence.
NYStateMLS’s reports and services and any and all Content offered by NYStateMLS.com to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY NYSTATEMLS, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Customer shall limit access to and use of active property listings, member directory, reports, and Prior Sales information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the NYStateMLS Service as part of any effort to compete with NYStateMLS, including without limitation using the NYStateMLS Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential NYStateMLS customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the NYStateMLS Service. Customer shall not use any robot, spider or other automated process to monitor, data mine or copy NYStateMLS products, services or information; decompile, decode or reverse engineer NYStateMLS software; or use NYStateMLS products or services in an unlawful manner, such as for offensive, abusive,tortuous, libelous, defamatory or other illegal purposes. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
1. Your internal research purposes;
2. Providing information regarding particular properties and market trends to your clients and prospective clients;
3. Marketing properties;
4. Supporting your valuation, appraisal or counseling regarding a specific property; and
5. Creating periodic general market research reports for in-house use or for clients' or prospective clients' use, provided that such reports do not contain building-specific or tenant-specific Information and are not commercially or generally distributed.
Notwithstanding the foregoing, the Information you access through the "Free Public Search" feature on this Site may only be viewed by you for your individual, non-commercial use while visiting this Site.
You shall not, except (i) as may be expressly set forth above under "Permitted Uses" and (ii) to the extent necessary to integrate property listings with NYStateMLS’s real estate marketing website available through NYStateMLS, (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Product, or (b) modify or create derivative works of any portion of the Product.
Notwithstanding anything to the contrary herein, you shall not:
2. Access or use any portion of the Product if you are a direct or indirect competitor of NYStateMLS, nor shall you provide, disclose or transmit any portion of the Product to any direct or indirect competitor of NYStateMLS (by way of example, a "direct or indirect competitor" of NYStateMLS includes, but is not limited to, Internet listing services or other real estate information services and employees, independent contractors and agents of such services);
3. Use or distribute any Information from the Product, including Information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product;
4. Modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Product;
5. Use, reproduce, publish or compile any portion of the Product for the purpose of selling or licensing any portion of the Product or making any portion of the Product publicly available;
6. Store, copy or export any portion of the Product into any database or other software, except as expressly set forth in the Permitted Uses above;
7. Upload, post or otherwise publish any portion of the Product on, or provide access to any portion of the Product through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement, except that you may e-mail a report containing Information that complies with the Permitted Use provisions set forth above to a limited number of your clients and prospective clients;
9. Impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Product; and
11. Export content on this site to any country embargoed by the United States of America.
In addition, you may put our link on another site, but agree to take it down immediately at our request. We are not affiliated with any site that our link is provided on.
You agree to pay for all products ordered through this site, using the payment method indicated, and agree to allow us to charge you at the time of renewal. Any fees incurred as a result of collection of delinquent undisputed amount is your responsibility. We can cease service if fees are not paid, at any time. Monthly subscription fees are non-refundable no matter what. Prepaid fees may be refunded on a case-by-case basis. If you cancel a prepaid subscription, we will charge to a $15 processing fee.THIRD PARTY CONTENT, SITES, AND SERVICES
The NYStateMLS site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of NYStateMLS, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that NYStateMLS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that NYStateMLS is under no obligation to become involved. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
We will automatically renew your account at the end of renewal period using the credit card account number provided unless you cancel your subscription three (3) days prior to renewal date. These cancellation requests will be processed in five (5) days (a confirmation email will be send to you). We can also change our fees and billing methods at any time.
You must provide accurate and complete registration and billing information and promptly update this information if it changes. If you have any billing discrepancies, it is your duty to notify us within 90 days of the charges appearing on your Account statement. If not, you agree to waive your rights to dispute these claims.
Customer agrees to pay for all products ordered through the NYStateMLS web site or via the NYStateMLS sales team using the payment method indicated, and provides NYStateMLS express authorization to charge said fees to the Customer's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of NYStateMLS products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, NYStateMLS may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Prepaid monthly or yearly fees are not refundable. Yearly payments auto renew.
This site and the information contained within are not to be used to spam or send unsolicited emails to users. We may revoke your privileges if you breach these terms. If you violate these terms you are subject to civil and criminal penalties.
Advertisement subscription rights cannot be transferred in any way you anyone other than the subscribing individual without our written permission. We can change these privileges at any time. We can also refuse to provide service to anybody with delinquent charges that remain unpaid. These subscriptions will automatically renew at the prevailing week cost and the credit card number provided for initial payment. The same credit card change policy is used for any cancellation of subscriptions as that of membership.
Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the NYStateMLS Web site three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with NYStateMLS. If Customer has a question about a cancellation, Customer should contact NYStateMLS Client Services email@example.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
If you are accessing the Passcode Protected Product, you agree: (1) to provide NYStateMLS with accurate and complete registration and billing information and to promptly update such information in the event it changes; and (2) to pay any applicable license fees or other fees incurred by your use of the Passcode-Protected Product.
It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "Update Member Information" tab within the "My Account – Company Information" section, once Customer has logged into www.NYStateMLS.com. NYStateMLS does not validate all credit card information required by the Customer's payment provider to secure payment.
The Customer must notify NYStateMLS about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to NYStateMLS’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
State Listings, Inc. and NYStateMLS.com is not responsible in any way for the performance of any advertiser, nor are we endorsing or recommending any advertiser on this site.
You may provide a hyperlink to the home page of this Site, which is www.NYStateMLS.com, provided that you must remove any such link upon request from NYStateMLS. Except as set forth in the preceding sentence, or as otherwise authorized by NYStateMLS in writing, links to and the framing of this Product or any of its Content is prohibited. Under no circumstances shall NYStateMLS be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, or is linked to from this Site, or any services that may be offered through such web sites.
Information Regarding Accuracy, Completeness and Timeliness of Information in the Product
The Product is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the Product shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Product, is responsible if the Product is not accurate, complete or current. Neither we, nor any third party involved in creating, producing or delivering the Product, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Product.
If you cause any technical disruption of this site/product, you agree to be responsible for all liabilities, costs and expenses arising from or related to this disruption. NO SPAM POLICY
In the event that occurs, you shall cease using any portion of the Product, permanently delete or destroy all portions of the Product within your possession, custody or control, and, upon written request from NYStateMLS, certify, in writing, your compliance with this provision.
If you are a NYStateMLS Client, your License Agreement sets forth an initial term that expires on a specified date and that may automatically renew for a specified length. Following the effective date of termination or non-renewal of your License Agreement, you shall cease using any portion of the Product. In addition, you shall permanently delete or destroy all portions of the Product within your possession, custody or control and, upon written request from NYStateMLS, certify, in writing, your compliance with this provision. NYStateMLS has the right to revoke the privileges of any customer or company that breaches these terms.
Any unauthorized use of NYStateMLS computer systems is a violation of these Terms and certain federal and state laws.
Ownership and License Grant
NYStateMLS retains all rights (including Intellectual Property Rights as defined below), title and interest in the NYStateMLS Web site, database, NYStateMLS technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of NYStateMLS’s technology or delete or alter author attributes or copyright notices. Customer shall use the NYStateMLS system solely for their own use and shall not allow others to use the NYStateMLS system under or through that Customer's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
ALTHOUGH NYSTATEMLS MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE PRODUCT AND ALL PARTS THEREOF ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". NYSTATEMLS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE " NYSTATEMLS PARTIES") DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY NYSTATEMLS PARTY, AND (5) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK AND THE NYSTATEMLS PARTIES MAKE NO WARRANTIES.
NYSTATEMLS RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PRODUCT OR ANY FEATURE OR PART THEROF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THIS PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
THE LISTINGS, SERVICE, RECENTSALES INFORMATION, AND NYSTATEMLS MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NYSTATEMLS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR NYSTATEMLS MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND NYSTATEMLS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. NYSTATEMLS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO NYSTATEMLS'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM NYSTATEMLS'S WEB SITE, INCLUDING LISTINGS, SERVICE, RECENTSALES INFORMATION AND NYSTATEMLS MARKET REPORTS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK.. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NYSTATEMLS OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
YOU AGREE THAT USE OF THE NYSTATEMLS SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE NYSTATEMLS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NYSTATEMLS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NYSTATEMLS SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, NYSTATEMLS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NYSTATEMLS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NYSTATEMLS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NYSTATEMLS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NYSTATEMLS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability and Indemnification
NONE OF THE NYSTATEMLS PARTIES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND NYSTATEMLS'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
IN NO EVENT SHALL NYSTATEMLS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF NYSTATEMLS'S SERVICES, OR CUSTOMER'S FAILURE TO KEEP CUSTOMER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy and NYSTATEMLS's entire liability under this Agreement shall be a refund to Customer of the fees paid to NYSTATEMLS hereunder, and in no event will NYSTATEMLS's liability for any reason exceed such fee. NYSTATEMLS (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify NYSTATEMLS (and NYSTATEMLS's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in any sexual conduct;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
that impersonates any person or entity, including, but not limited to, a a NyStateMLSNYStateMLS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person's explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of the NyStateMLSNYStateMLS sites which are not designated for such purposes; or emailed to NyStateMLSNYStateMLS users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
that includes links to commercial services or web sites, except as allowed in "services";
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by NyStateMLSNYStateMLS;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
attempt to gain unauthorized access to NyStateMLS'sNYStateMLS’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the NyStateMLSNYStateMLS website; or
use any form of automated device or computer program that enables the submission of postings on NyStateMLSNYStateMLS without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
Maps and Directions Disclaimer
THESE MAPS/DIRECTIONS ARE INFORMATIONAL ONLY. NO REPRESENTATION IS MADE OR WARRANTY GIVEN AS TO THEIR CONTENT, ROAD CONDITIONS OR ROUTE USABILITY OR EXPEDITIOUSNESS. USER ASSUMES ALL RISK OF USE. NYSTATEMLS AND THEIR SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY LOSS OR DELAY RESULTING FROM SUCH USE.
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on NYStateMLS’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from NYStateMLS. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from NYStateMLS.
Some areas of this Product use and require that your computer accept "cookies." Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of this Product. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit certain areas of the Product.
The Product employs various trademarks and service marks of NYStateMLS and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
If you believe that your work has been copied onto NYStateMLS in a way that constitutes copyright infringement, please provide NYStateMLS’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying NYStateMLS that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on NYStateMLS, with identifying information for the listing, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
Governing Law and Jurisdiction
NOTICE -- U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States
Waiver and Severability
The failure of NYStateMLS to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. The images cannot be downloaded or used without prior consent. If you wish to use an image please contact us.
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Updated: October 5, 2011