Fiftystatesfsbo.com Terms and Conditions

 

FIFTY STATES REALTY, INC.

CONDITIONS AND TERMS OF USE AND SERVICES AGREEMENT

By visiting and using this web site, the information hereon and/or the services of Fifty States Realty, Inc., hereafter also referred to as "FSR", you agree to be bound by the conditions, notices and term of use of this agreement without qualification or any limitations.

Please review this document carefully. The terms "we", "us", or "our" refer to FSR. The term Content refers to any form of information or material that may be displayed or our web site or otherwise digitally transmitted.

A. WEB SITE OPERATION, REPRESENTATIONS AND WARRANTIES

This web site is operated by Fifty States Realty, Inc. We make no representations, promises or warranties, implied or otherwise, with respect to the Content, information, data or products provided on or through this web site or otherwise supplied by us. FSR, its directors, officers and employees shall not be liable for any damages whatsoever arising from the use of this web site and its materials, nor any web site linked to this site.

B. PRIVACY

When you register to use our services we will ask you to provide certain personal information. The information that you provide will only be used in accordance with the terms and provisions of FSR'Privacy and Security Policy.

C. USE OF YOUR ACCOUNT AND FSR SERVICES

It is your responsibility to insure that your username and password remain confidential. You have the sole responsibility for all activities that are associated with the use of your username and password. FSR will not be liable for any damages or losses arising from your failure to maintain the security of your username and/or password. If you become aware of any breach of security relating to our services, or other unauthorized use of your username and password you agree not notify FSR immediately.

Further, you are solely responsible for all acts or omissions that occur under your account or password, including for all Content, as defined below, that you (or anyone using your account) submit, post or transmit through the use of our services. You agree not to use our services to do any of the following:

  • interfere with or disrupt FSR's services or servers or networks connected to our web site, or disobey any requirements, procedures, policies or regulations of networks connected to FSR's services and system;
  • collect or store personal data about other users;
  • impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • harass, stalk or harm another individual; and
  • submit, post, store or transmit any (a) Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable; (b) Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (c) Content that infringes the intellectual property rights of a third party; or (d) material 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.
  • engage in any unlawful behavior, including violation of any local, state, national or international law;

By using our services you specifically attest and acknowledge that you are 18 years of age or older. You agree that it is your responsibility to obtain and maintain all equipment required to access and use our services, including telephone, computer hardware, software and other equipment, including any and all related charges.

By using our services and providing information as part of the registration procedures, you attest and agree that such information is current, accurate, complete and true. You further attest and agree to maintain and update the information as soon as any change occurs, to keep it current, accurate, complete and true at all times. We can suspend or terminate your access and use to any and all of our services if we have reasonable cause to believe that the information you have provided is false in any respect.

By using our services you agree to abide by any rules and limitations that we may place for a given time period on the duration, display, and/or access of the information and Content that is uploaded to our web site. You may access, download and print materials on this Site for your personal and non-commercial use. You further agree not to copy, duplicate, reproduce, sell, resell, license or exploit for any commercial purposes, any part of the information and/or services provided by FSR. You further agree not to access or attempt to access password protected, secure or non-public areas of our web site. Persons who are not authorized and who attempt to access prohibited areas of our site may be subject to prosecution.

D. ANTI-SPAM POLICY

We prohibit the use unsolicited email or spam. You are hereby served notice that you cannot use unsolicited email in any way or form in relation to the use of our services.

E. DISPLAY AND USE OF CONTENT

FSR displays and distributes Content provided by users of its services and other parties. We are not the publishers and have no editorial control of such Content. We do not endorse and are not responsible for the reliability or accuracy of the Content supplied by our users or other parties. The statements, comments, services, advice, opinions, offers and any other type of information, including that supplied by users of our services, are the responsibility of the respective distributor(s) or author(s) and not of FSR.


FSR reserves the right, but is not obligated, to review the Content on this web site, as supplied by our users and other parties, for compliance with this agreement or government laws and regulations, or for other purposes. You agree and acknowledge that FSR does not pre-screen or monitor Content for accuracy and reliability. We further reserve the right to remove any Content at our sole discretion for any reason.

F. INTERACTIONS WITH FSR ADVERTISERS, SPONSORS AND PARTNERS


You agree that any communications or commercial interactions or otherwise, including the purchase of goods and/or services, with and from our advertisers, sponsors and partners, are solely between you and them. FSR bears no responsibility for any services, terms, conditions, warranties and representations made by or on behalf of advertisers, sponsors or partners. You further, specifically agree that FSR shall not be liable or responsible for any damages or losses of any kind resulting from any communications or interactions that you may have with advertisers, sponsors or partners that may arise.

G. LINKS TO OTHER SITES


Our site will include hyperlinks to web sites operated by parties other than FSR. The presence of such links does not indicate approval or endorsement by FSR of any information or Content present on such sites. The links are provided for reference and the convenience only of visitors and users of our web site. You agree that you will access and use any links to other sites, including information, material, products and services thereon, at your own risk.

H. TERMINATION

You agree that FSR, at its sole discretion, may terminate your account including username and password, or access to and use of our services, and remove and discard any information posted by you on or through our web site, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the terms of this agreement. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our services. You agree that we may terminate your account if it remains inactive for an extended period of time. You further agree that we shall not be liable to you or any other party for any termination of your access to our web site and services. You may discontinue your participation in and access to the Services at any time.

I. DISCLAIMER

The Content, information and material supplied on this web site and by FSR are presented to you on an "as is" and "as available" basis. Further, the Content, information, software, products and services provided on this web site may include inaccuracies or typographical mistakes. FSR, its affiliates or suppliers make no representations, warranties or guarantees, express or implied, regarding the merchantability, fitness for a specific use or purpose, non-infringement, accuracy, correctness, or completeness of information, products, material or services, unless otherwise expressly stated. All real estate advertising on this web site with respect to United States properties is subject to the United States Federal Fair Housing Law.

You expressly agree to use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither FSR nor its affiliates are responsible for any associated costs.

FSR disclaims all responsibility for any damages or losses arising from any use of this web site, or connected in any way to the use of this web site, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages. Further, FSR expressly disclaims, unless otherwise specifically stated, that (1) its services may fulfill your requirements or that the results obtained from the use or our services will in any way meet your expectations, (2) its services will be timely, secure, accurate or uninterrupted, (3) web site Content and information will be accurate, truthful, reliable or complete, (4) the web site or its server(s) will be free from computer viruses or other harmful elements, or (5) any defects in services will be corrected.

J. LIMITATION OF LIABILITY

You specifically and expressly acknowledge and agree that to the fullest extent permitted under applicable law, FSR, its owners or officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, licensors or licensees will under no circumstances and in no events be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data or other intangible losses even if such parties were advised, knew of or should have known of the possibility of such damages arising out of or in any way related to:

  • the use or the inability to use FSR services;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from FSR services;
  • unauthorized access to or alteration of your transmissions or data;
  • statements or conduct of any third party on or through FSR services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights;
  • your failure to adequately safeguard your password or access to FSR services;
  • any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through FSR services;
  • termination of your access to or use of FSR services as provided herein;
  • the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through FSR services;
  • any modification, suspension or discontinuance of FSR services (or any part thereof) or these terms;
  • use of or reliance on any Content, goods or services available on any other Web sites that you access through FSR services; and
  • any other matter relating to FSR services or this agreement.


Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

K. INDEMNIFICATION

You agree to indemnify, defend and hold harmless FSR, its parents, subsidiaries, affiliates, officers, directors, affiliates, co-branders or other partners, employees, licensors, licensees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account’s) use of FSR services, (3) your (or anyone using your account’s) violation of this agreement, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the FSR Web site or other services.

L. TRADEMARKS

Certain of the names, logos, and other materials displayed on the FSR Web site and in and through FSR services and its system constitute trademarks, trade names, service marks or logos ("Marks") of FSR or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

  1. COPYRIGHTS

The Content, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material presented by FSR or its licensors or licensees (the "Content"), is copyrighted by FSR and/or its licensors or licensees under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by FSR or its licensors or licensees. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of FSR and our applicable licensors or licensees. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

N. LICENSE

You hereby grant to FSR and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect the Content you provide to us to be published on the FSR Web site, or on or through FSR services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us.

O. MODIFICATIONS TO THIS AGREEMENT AND/OR SERVICES

FSR reserves the right to improve or change any or all of the conditions and terms of this agreement at its discretion. You will be notified of these changes through email and/or through posting on our web site. If you do not agree to any or all of the changes, you only recourse is to stop use of our services. FSR further reserves the right to improve, modify, or discontinue its services at its discretion without notice. FSR is not liable to you or any other party for any changes or discontinuance it implements. By continuing to use our services following notice of any changes made, you acknowledge and indicate your agreement to be bound by the conditions and terms of such changes without reservation.

P. MISCELLANEOUS

This agreement constitute the entire and exclusive and final statement of agreement between you and FSR with respect to the subject matter hereof, and governs your use of FSR services, superseding any prior agreements or negotiations between you and FSR with respect to the subject matter hereof. This Agreement and the resolution of any dispute related to this Agreement or FSR services shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. Failure by FSR or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. 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 FSR services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between FSR and/or its affiliates and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, County of Niagara.

If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this agreement remain in full force and effect.

SURVIVAL

The provisions of Sections C, E, F, G, H through N, as well as any other limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of this agreement for any reason. FSR’s (and its licensors’ or licensees') proprietary rights (including any and all intellectual property rights) in and to the Content and FSR services shall survive the expiration or earlier termination of this agreement for any reason.

ABUSES AND VIOLATIONS


Please report abuses and any violations of the terms of this agreement to abuse@fiftystatesfsbo.com.

Copyright Fifty States Realty, Inc 2002, 2003.  All rights reserved.

Niagara Falls, New York 14301

Equal Housing Opportunity