This website, and the data, services, information, tools, functionality, updates and similar materials delivered or provided thereby (collectively, the “Service”), are supplied by Island Advantage Realty, LLC. (“IAR”, “us” or “we”) subject to your agreement to and compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). By accessing the Service, you are creating a binding contract with IAR.
IAR may revise or update this Agreement by posting an amended version through the Service and making you aware of the revisions. Your use of the Service following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement.
If you do not accept these Terms of Service, or do not accept any changes we may make to them, you must stop using the Service.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, IAR hereby grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use and access the Service only on your computing device for personal use. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
IMPORTANT NOTICES; AVAILABILITY; DISCLAIMER
While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Service, or its features, at all times.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies, including those relating to property listings or features, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Any articles, listings, recommendations, posts, advice, summaries or other information of materials posted to the Service are FOR INFORMATIONAL PURPOSES only, and are not to be construed or treated as real estate, legal, accounting or other professional advice of any kind. Always refer to final offer documentation for each property, and consult with a professional before making significant decisions.
RULES OF CONDUCT
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Service. Without limiting the foregoing, you agree that you will not make available through the Service any
material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
You agree not to distribute, upload, make available or otherwise publish through the Service any property information, ideas, comments, documents, questions, plans, drawings, proposals, or any graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or any similar materials (“Content”) that:
1. is unlawful or encourages another to engage in anything unlawful;
2. contains a virus or any other similar programs or software which may damage the operation of IAR’s or another’s computer;
3. violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party; or,
4. is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable.
You further agree that you will not do any of the following:
1. modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
2. interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
3. transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
4. attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
5. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
6. harvest or collect the email address or other contact information of other users of the Service;
7. scrape or collect content from the Service via automated means, including without limitation, scraping or otherwise collecting content about property listings;
8. submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to IAR; or
9. impersonate any other person or business.
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
Notwithstanding the foregoing rules of conduct, IAR’s unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
CONTENT SUBMITTED OR MADE AVAILABLE TO IAR
You are under no obligation to submit anything to us or to make any Content available through the Service. If you choose to submit any Content to the Service, or otherwise make available any Content through the Service, you hereby grant IAR a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content in connection with the Services, including without limitation distributing part or all of the Content in any media format through any media channels, as well as to commercially use the rights of publicity, persona, image and name of the individuals depicted in such Content.
By submitting any Content to IAR, you hereby agree, warrant and represent that: (a) you are authorized to submit the Content to us for republication through the Service, and you have secured any necessary licenses or permissions from rights owners relating to the Content, including but not limited to copyright licenses or licenses to rights of publicity; (b) the Content does not contain proprietary or confidential information; (c) the provision of the Content, and their use by IAR in connection with the Service, is not and will not be a violation of any third-party’s rights; (d) all such Content is accurate and true; (e) IAR is not under any confidentiality obligation relating to the Content; (f) IAR shall be entitled to use or disclose the Content in any way it deems advisable; (g) you are not entitled to payment or other compensation in exchange for the Content, and (h) are not entitled to attribution or credits relating to the Content.
You acknowledge that IAR is under no obligation to maintain the Service, or any Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material.
PAC’S INTELLECTUAL PROPERTY
IAR’s graphics, logos, names, designs and service names are trademarks, trade names and/or trade dress of IAR. The “look” and “feel” of the Service are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are the property of IAR or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of IAR and/or its licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
ENFORCEMENT AND TERMINATION OF SERVICES
IAR reserves the right to deny all or some portion of the Service to any user, in IAR’s sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, IAR has a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to IAR related to Content, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
LINKS AND THIRD-PARTY CONTENT
The Service may contain links. Such links are provided for your information and convenience only. IAR is not responsible for links to third party web sites or for the content posted on such sites. Unless specifically stated, we are not affiliated with the owners and operators of linked sites. Linked sites have their own privacy policies, terms and conditions, and your use of such sites is governed by those policies, terms and conditions, and not by terms appearing on this web site.
The Service may also contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties. IAR does not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by IAR.
DISCLAIMERS AND LIMITATION ON LIABILITY
YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. IAR, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND.
USE OF THE SERVICE IS AT YOUR SOLE RISK. IAR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL IAR OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS,EMPLOYEES OR SUPPLIERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF IAR AND/OR RELATED
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither IAR nor any of the Related Parties shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that IAR causes you intentionally and knowingly in violation of this Agreement, or if by applicable law the damages cannot be disclaimed in this Agreement.
You agree to defend, indemnify and hold IAR and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Service, (b) your use of the Service, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Service.
DISPUTES, GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and interpreted in accordance with the laws of the State of New York, without reference to principles of conflicts of laws. You agree that any dispute arising out of or relating to the Services, or to IAR, may only be brought by you in a state or federal court located in New York, or if in Federal Court, in the Eastern District of New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.
POLICIES FOR CHILDREN
The Services are not directed to individuals under the age of 18. You must be over the age of 18 to use the Service.
In the event that IAR discovers that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IAR as a result of this Agreement or your use of the Service.
Assignment. IAR may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without IAR’s prior written consent, and any unauthorized assignment by you shall be null and void.
Attorneys’ Fees. In the event any litigation is brought by IAR in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: email@example.com.
Equitable Remedies. You hereby agree that IAR would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and IAR with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.