HUDSON GATEWAY ASSOCIATION OF REALTORS®, INC.

WEBSITE TERMS AND CONDITIONS OF USE


 

HGAR sites, www.HGAR.com, and other sites owned or operated by HGAR on which this policy appears or is linked (“Site” or “Sites”) are owned, operated, and maintained by Hudson Gateway Association of REALTORS®, Inc. (“HGAR”) and Hudson Gateway Multiple Listing System (“HGMLS”), collectively referred to as “HGAR” in these Terms. Please read these terms and conditions of use (“Terms”) carefully. By accessing this Site, you indicate your agreement to be bound by these Terms in full, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. Users of these Sites must be at least 13 years old; access or use by anyone younger is not authorized.

HGAR may modify these Terms from time to time by displaying the updated Terms on the Site. Please check this page regularly to ensure you are familiar with the current version of Terms. Your continued use of the Site after the updated Terms are displayed indicates your agreement to the modified Terms.

  1. Use License

(a) Unless otherwise stated, HGAR owns all the intellectual property rights in the Site and material on the Site. Subject to the license described herein, all these intellectual property rights are reserved.

(b) You may view, download for caching purposes only, and print pages from the Site, subject to the restrictions set out below and elsewhere in these Terms.

(c) This is the grant of a license, not a transfer of title, and under this license you must not: (i) modify, copy, or republish the materials from this Site; (ii) sell, rent, or sublicense materials from the Site; (iii) attempt to decompile or reverse engineer any software contained on HGAR’s Site; (iv) remove any copyright or other proprietary notations from the materials; or (v) transfer the materials to another person or “mirror” the materials on any other server.

(d) This license shall automatically terminate if you violate any of these restrictions and may be terminated by HGAR at any time for any reason. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

  1. Acceptable Conduct

You expressly agree that you will not use the Site or send any email containing a www.HGAR.com link:

(a) For any unlawful purpose, including posting, storing, sending, or otherwise transmitting information, data or material that is libelous, obscene, threatening, harassing or defamatory, or which infringes the intellectual property rights of any person, or which in any way encourages conduct that would be unlawful or inappropriate;

(b) In connection with any unsolicited bulk or commercial messages (commonly known as “spam”), any advertising, or other form of communication that violates these Terms or any law or regulation, or in any manner that would disrupt in any way any internet site or services;

(c) To initiate or perpetuate any illegal scheme (such as a pyramid scheme);

(d) To harvest, or engage in any type of systematic retrieval of e-mail addresses or other identifiers or information, or to collect e-mail addresses;

(e) To impersonate any person or entity, falsify any sender address, forge anyone’s identity or perform any other fraudulent activity (such as “phishing”);

(f) To conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to this Site;

(g) Use this website to copy, store, host, transmit, send, use, publish or distribute any material which consist of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(h) To interfere with, or attempt to interfere with, any person’s ability to use the information or services offered on the Site;

(i) To transmit or otherwise make available through the Site any computer code, file, program or other element (including any virus, worm, or other harmful malware of any nature) that would interrupt, destroy, interfere with or otherwise cause any other effect that might reasonably be considered undesirable;

(j) To attempt to (or actually) circumvent the Site’s security or any means to control access to the Site’s services.

 

  1. HGAR Content

(a) Unless otherwise noted, all rights, title and interest in all information including, but not limited to, screens, texts, user names, passwords, web pages, or other materials (collectively “Information”) appearing in and on this Site are the exclusive property of HGAR.

(b) You acknowledge that all content on or provided through this Site, including, but not limited to software, images, illustrations, whether tangible or intangible (collectively “HGAR Content”), is protected by copyrights, trademarks or service marks and other intellectual property rights, which are owned and controlled by HGAR or by third parties that have licensed their content or the right to market and sell their products to HGAR. Except as provided through the Site’s services, HGAR Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or exploited in any way, without proper permission from HGAR or the content’s owner.

(c) “HGAR”, “HGMLS” and other names, trademarks, service marks, and indicia of source (“HGAR Trademarks”) are owned by HGAR. You may not use the HGAR Trademarks in connection with any products or services that do not belong to HGAR or in any manner likely to cause confusion about the source of any product or service, that implies that HGAR endorses anyone else’s product or service, or that disparages or discredits HGAR.

(d) The materials appearing on the Site could include technical, typographical, or photographic errors. HGAR does not warrant that any of the materials on its Site are accurate, complete, or current. HGAR may make changes to Site materials at any time without notice, however, HGAR does not commit to updating the materials.

 

  1. Digital Millennium Copyright Act (DMCA) Notice

(a) This Site follows the safe harbor provisions of 17 USC § 512, otherwise known as the Digital Millennium Copyright Act (DCMA). As such, HGAR will respond to written notification of copyright infringements in accordance with the DCMA.

(b) If you believe that your intellectual property rights have been violated by HGAR or by a third party who has provided content on our Site, please provide all of the following information to the HGAR-designated copyright agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;

iii. An address, a telephone number, and an e-mail address where HGAR can contact you;

  1. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
  2. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
  3. Your electronic or physical signature.

(c) HGAR may request additional information before removing any infringing material. HGAR may provide the alleged infringing party with your e-mail address, so that that person can respond to your allegations.

(d) Pursuant to Title 17, United State code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to HGAR’s Designated Agent listed below. ALL INQUIRES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Richard K Haggerty

One Maple Avenue

White Plains, NY 10605

914-681-0833

 

  1. Links, Frames and Metatags

You may not frame the content of the Site unless you first obtain HGAR’s express prior written consent in each case. You may not use metatags or any other “hidden text” that incorporates HGAR Trademarks or marks confusingly similar to HGAR Trademarks without our prior written consent.

 

  1. Links to Third-Party Web Sites, Content, Advertisement

The Site may contain links to web sites and applications controlled by third parties, content generated by a third party, or advertisement for a third party (“Third-Party Sites”). HGAR is not responsible for Third-Party Sites or their content, activities, or privacy practices. Any information you share or actions you take on Third-Party Sites are governed by those sites’ terms of use and privacy statements, which you should review carefully to learn about their practices. Including links on our Site does not imply our endorsement of Third-Party Sites, their content, or any associated organization or activity. HGAR makes no representation or warranty whatsoever about the nature of Third-Party Sites. Further, HGAR is not responsible for any loss or damages incurred by you on any Third-Party Sites. Inclusion of Third-Party Sites does not indicate HGAR endorsement or approval of the third party information, content, products, or services.

 

  1. No Warranties

OUR SITE AND THE SERVICES AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, HGAR DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED) AND ANY WARRANTY THAT OUR SITE OR SERVICES (1) WILL BE UNINTERRUPTED, FREE FROM ERRORS, OR FREE FROM VIRUSES, WORMS, “TROJAN HORSES” OR OTHER MALICIOUS CODE OR HARMFUL FEATURES OR (2) WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, TIMELY, RELIABLE, OR NON-INFRINGING. FURTHER, HGAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE. HGAR RESERVES THE RIGHT TO CORRECT ANY ERRORS IN OUR SITE OR SERVICES. IF YOU RELY ON OUR SITE OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

 

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL HGAR (OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR USE OF THE SITE OR SERVICES, INCLUDING ANY (1) ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITE OR ANY SERVICES; (2) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF YOUR USE OR MISUSE OF OUR SITE OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF HGAR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU RELEASE HGAR (AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES AND AGENTS) FROM ANY CLAIM RELATING TO YOUR USE OF OUR SITE OR SERVICES. YOU AGREE THAT THE LIABILITY OF HGAR (AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES, AND AGENTS), IF ANY, ARISING OUT OF ANY LEGAL CLAIM ARISING FROM YOUR USE OF OUR SITE OR SERVICES WILL NOT EXCEED $1,000.00 IN THE AGGREGATE.

 

  1. No Advice

Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any real estate, legal, or financial matter, you should consult an appropriate professional.

 

  1. Indemnification

You agree to defend, indemnify and hold harmless HGAR (and its members, directors, officers, employees, service providers, representatives, and agents) against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that they may incur based on claims arising out of (1) your use of our Site or products obtained through it, or (2) a violation of these Terms. HGAR reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification. You agree to provide HGAR with whatever cooperation HGAR reasonably requests.

 

  1. Changes to Site; Termination

(a) HGAR reserves the right to make changes or improvements to this Site at any time for any reason without notice.

(b) HGAR reserves the right to terminate this Site and any services offered through our Site at any time for any reason with or without notice to you. Paragraphs 2, 3 7, 8, 9, 10, 11, and of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.

 

  1. General

(a) These Terms are the complete agreement between you and HGAR regarding your use of the Site and are governed by the laws of the State of New York applicable to agreements made and completely performed in the State. You irrevocably agree to bring any claim or dispute relating to your use of our Site or these Terms exclusively in the state and federal courts located in either Westchester County, Rockland County, Orange County, or Putnam County in the State of New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts.

(b) If a court of competent jurisdiction determines that any provision of these Terms are unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law. In the event a court having jurisdiction over the parties holds any provision of this Agreement invalid or unenforceable, the parties shall negotiate in good faith to replace the invalid or unenforceable provision, if possible, with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

(c) You agree that HGAR may provide you with notices by posting on our site, by e-mail, or by regular mail. If HGAR does not exercise or enforce a right or remedy in these Terms or otherwise available, you agree that HGAR has not waived such right or remedy.

(d) The term “including” in these Terms means “including, but not limited to.”

(e) These Terms contain the full and complete understanding between HGAR and you regarding your use of the Sites and supersedes all prior representations and understandings, whether oral or written, relating to the same subject matter.

 

Questions

 

For any questions or comments you may have about these Terms, please contact us at: support@HGAR.com.

 

These terms and conditions are subject to amendment or modification at any time with or without notice to you.