Terms
of Use
By visiting or using MLSTechs.com or any page of the MLSTechs.com
website except this page, you are agreeing to be bound by these terms
of use and such agreement constitutes a binding contract between you
and the Long Island Board of Realtors, Inc., (LIBOR) and the Multiple
Listing Service of Long Island, Inc., (MLSLI) the owners of MLSTechs.com. If
you do not wish to be bound by these terms of use, please do not visit
or use any page of the MLSTechs.com website.
Furthermore, by using any of the pages of the MLSTechs.com
website, you acknowledge that neither LIBOR or MLSLI are real
estate brokers, mortgage brokers or mortgage lenders and do not
aid or assist borrowers in obtaining loans, solicit borrowers
or lenders for, negotiate or make loans secured by liens or real
property
1. INTRODUCTION
The MLSTechs.com website is owned jointly by the Long Island Board of
Realtors. Inc. (LIBOR) and the Multiple Listing Service of Long Island,
Inc. (MLSLI) both of whom conduct their businesses at 300 Sunrise Highway,
West Babylon, New York 11704. This site contains information provided
to MLSTechs.com from a variety of sources including other public websites,
quasi public websites, private not-for-profit websites and business-for-profit
websites.
LIBOR and MLSLI offers you access to the MLSTechs.com website in exchange
for your agreement to accept and comply with the terms, conditions, and
notices stated here and as may be modified by LIBOR and MLSLI from time-to-time.
LIBOR, MLSLI and their website, MLSTechs.com, refers to these terms, conditions,
and notices, whether modified or unmodified, as the “Agreement” or
as the “Terms of Use”. LIBOR and MLSLI reserves the
right to modify in their sole discretion this Agreement and/or the MLSTechs.com
website without providing notification. You are responsible for regularly
reviewing this Agreement. BY VISITING OR USING ANY PART OF THE MLSTechs.com
WEBSITE, EXCEPT FOR THE MLSTechs.com HOME PAGE AND THESE TERMS OF USE,
YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS
IS A BINDING CONTRACT BETWEEN LIBOR, MLSLI AND YOU. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY
PART OF THE MLSTechs.com WEBSITE.
ADDITIONAL TERMS MAY GOVERN USE OR CERTAIN WEBSITES OR WEB PAGES WITHIN
THE MLSTechs.com WEBSITE.
NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS. These are calculation
tools, not an offer to lend. Interest rates shown are for demonstration
purposes only. Actual market interest rates may vary.
OUTLINE OF TERMS OF USE. For your convenience, MLSTechs.com here
provides a section-by-section outline of the Terms of Use. To go
directly to a specific section contained in these Terms of Use, click on
the appropriate link below. Please note that this functionality is
provided solely for your convenience and in no way absolves you of your
duty to comply with each and every section of these Terms of Use.
2. GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE MLSTechs.com
WEBSITE
A. Except where we specify
otherwise, LIBOR and MLSLI offer you access to the MLSTechs.com website
solely for your personal and non-commercial uses. You promise that
you will not use the MLSTechs.com website, in whole or in part, for any
other purpose that is unlawful or prohibited by there Terms of Use or for
any purposes other than those that ar personal and non-commercial. You
agree that you will not, except for your personal use, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, frame in another Web page, use on any other website, transfer
or sell any information, software, lists of users, databases or other lists,
products or services provided through or obtained from the MLSTechs.com
website. This means, among other activities, that you agree not to
engage in the practices of “screen scraping,” “database
scraping,” or any other activity with the purpose of obtaining lists
of users or other information. You agree that you will not use the
MLSTechs.com website in any manner which could damage, disable, overburden,
or impair the MLSTechs.com website or interfere with any other party’s
use and enjoyment of the MLSTechs.com website. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the MLSTechs.com website.
B. If and when requested
by LIBOR or MLSLI you agree to provide true, accurate, and complete user
information and to refrain from impersonating or falsely representing your
affiliation with any person or entity. Except with the written permission
of LIBOR and MLSLI, you agree that you will not access or attempt to access
password protected, secure or non-public areas of the MLSTechs.com website.
Unauthorized individuals attempting to access prohibited areas of the MLSTechs.com
website may be subject to prosecution.
C. The origin of any
link to the MLSTechs.com website home page must be accompanied by a clear
and prominent attribution indicating that the link is connected to the
MLSTechs.com website home page. For example, prominently positioning
the MLSTechs.com name and mark such that there is clear association between
the name and mark and the destination of the link is acceptable. However,
you agree that you will not juxtapose the MLSTechs.com name and mark and
the link with your name or any other material(s) in a manner which might
give rise to any erroneous conclusion that there is any affiliation or
association between MLSTechs.com, on the one hand, and you or any other
person or entity, on the other hand. You agree that if LIBOR and
MLSLI, in their sole and unfettered discretion, requests in writing that
you remove any link or links to the MLSTechs.com website, you will promptly
do so. You agree that if you create any link to the MLSTechs.com
website that you will not employ any technology that results in the placement
of content from the MLSTechs.com website in a frame and/or a reduced pop-up
window and/or any other display mechanism which changes the MLSTechs.com
website from how it would appear if a user typed in the MLSTechs.com URL
to a typical browser line.
3. INFORMATION PROVIDED TO YOU THROUGH THE MLSTechs.com
WEBSITE FROM LIBOR AND MLSLI.
The MLSTechs.com website you are about to enter may contain links to
other websites maintained by other organizations both public and private.
LIBOR and MLSLI have not made an independent investigation to ascertain
whether or not the information contained in said sites is accurate.
INFORMATION PROVIDED TO YOU FROM MLSTechs.com LINKS TO OTHER SITES.
A. For your convenience,
the MLSTechs.com website contains content and information from links to
affiliate websites (“Affiliate Content”). Such content
is not under the control of LIBOR or MLSLI and they are not responsible
for such content, including without limitation any link contained in such
content, or any changes or updates to such content. MLSTechs.com
is providing such content to you only as a convenience and the inclusion
of such content does not imply endorsement by LIBOR, MLSLI or MLSTechs.com
of such content or the affiliate. You may be subject to additional
and/or different terms, conditions, and privacy policies when you use affiliate
services, content, software or sites.
B. Neither LIBOR, MLSLI
nor MLSTechs.com have any business relationship with any of the firms selling
services or products through links to their websites other than the fact
that LIBOR or MLSLI may receive a small commission if you purchase such
products or services. It is incumbent upon you to investigate fully
the products, services, and the companies offering the same as neither
this site nor its owners has done so. Such websites may have terms
and conditions of use which vary from the terms of use for MLSTechs.com. In
the event that the terms of such website are in conflict with these terms
then in so far as the relationship between you and MLSLI, LIBOR and MLSTechs.com
is concerned the terms of use set forth herein shall prevail.
5. DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT
NOT LIMITED TO MLSTechs.com CONTENT AND AFFILIATE CONTENT, PROVIDED BY
LIBOR AND MLSLI THROUGH THE MLSTechs.com WEBSITE IS AT YOUR SOLE RISK. SUCH
INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LIBOR, MLSLI OR MLSTechs.com MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY,
SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS
OF SUCH INFORMATION. LIBOR, MLSLI AND MLSTechs.com EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. MLSTechs.com SHALL HAVE
NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD
PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE,
CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MLSTechs.com
WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6. TO MLSTechs.com
In order for you to participate in certain services that LIBOR and/or
MLSLI provide through the MLSTechs.com website, LIBOR and MLSLI will require
that you provide specific information about yourself (the “MLSTechs.com
Solicited Information”). If you choose to participate in such
services, you agree to provide true, accurate and complete information
and to refrain from impersonating or falsely representing your affiliation
with any person or entity. LIBOR and MLSLI is committed to maintaining
the privacy and security of any and all such information that you provide
to them through the MLSTechs.com website. To that end, LIBOR and
MLSLI urges you to review the MLSTechs.com Privacy Policy which may be
accessed by clicking on the following link:
MLSTechs.com Privacy Policy.
SERVICES PROVIDED THROUGH THE MLSTechs.com WEBSITE
7. Non-Commercial Services
MLSTechs.com provides through the MLSTechs.com website a number of venues
in which interactive services (“Interactive Services”), such
as online calculators, planning tools, and checklists, are offered to you. Such
services are offered by MLSTechs.com for the sole purpose of disseminating
information for the public’s benefit. MLSTechs.com cannot guarantee
the accuracy, sufficiency, correctness, veracity, completeness, or timeliness
of such services. You are responsible for confirming the sufficiency
and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH MLSTechs.com INTERACTIVE
SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL
ADVICE. MLSTechs.com MAKES NO EXPRESS OR IMPLIED REPRESENTATION,
WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND
PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY,
CORRECTNESS, VERACITY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS
OR THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH
SUCH SERVICES. MLSTechs.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. MLSTechs.com SHALL
HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD
PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE,
CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT
IF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH
SUCH SERVICES. IN NO EVENT WILL MLSTechs.com BE LIABLE TO ANY USER
OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION
TAKEN BY ANY USER FOR SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON
THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A
USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A
SERVICE IS TO STOP USING THE SERVICE.
8. Third-Party Services.
A number of commercial services, such as shopping and contractor services,
may be offered by third parties through the MLSTechs.com website. You
acknowledge that by permitting such services to be offered through the
MLSTechs.com websites, MLSTechs.com is acting as a passive conduit for
the transmission to such third parties of any information related to such
services that you submit to MLSTechs.com. In order for MLSTechs.com
to distribute your information and facilitate contacts between you and
such third parties, you hereby grant MLSTechs.com permission to disclose
any and all of the information that you provide to MLSTechs.com to any
such third party that MLSTechs.com, in its sole discretion, deems relevant
and appropriate.
Any information that you provide to MLSTechs.com must be true, complete,
and accurate, must not represent you as someone else or falsely identify
you, and must not violate any law, statute, ordinance or regulation. You
are solely responsible for such information and for all of the terms and
conditions of transactions between you and such third parties, including,
without limitation, terms regarding warranties, insurance, fees, taxes,
titles and licenses. You must not submit a request for a third party
service through the MLSTechs.com websites unless you intend, in good faith,
to contract with such third party for the use of such service.
MLSTechs.com is not and will not be responsible for (i) the terms and
conditions of any transaction between you and any third party, (ii) any
insufficiency of or problems with any such third party’s background,
insurance, credit or licensing, or (iii) the quality of services performed
by any such third party or any other legal liability arising out of or
related to the performance of such services. In the event that you
have a dispute with any such third party, you release LIBOR/MLSLI and MLSTechs.com
(and its affiliates, agents and employees) from any and all claims, demands
and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
GENERAL TERMS.
This Agreement is governed by the laws of the State of New York, U.S.A. You
hereby consent to the exclusive jurisdiction and venue of courts sitting
in New York, County of Suffolk and/or Eastern District of New York in all
disputes arising out of or relating to the use of the MLSTechs.com websites. Use
of the MLSTechs.com websites is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you LIBOR,
MLSLI and MLSTechs.com as a result of this Agreement, or the use of the
MLSTechs.com website. MLSTechs.com’s performance of this Agreement
is subject to existing laws and legal process, and nothing contained in
this Agreement is in derogation of MLSTechs.com’s right to comply
with governmental, court and law enforcement requests or requirements relating
to your use of the MLSTechs.com website or information provided to or gathered
by MLSTechs.com with respect to such use. If any part of this Agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Agreement
shall continue in effect. Unless otherwise specified herein, this
Agreement constitutes the entire agreement between you and LIBOR, MLSLI
and MLSTechs.com with respect to the MLSTechs.com website and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between you LIBOR, MLSLI and MLSTechs.com with respect
to the MLSTechs.com website. A printed version of this Agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. MLSTechs.com, ITS AFFILIATES AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE
AT ANY TIME.
IN NO EVENT SHALL LIBOR, MLSLI, OR MLSTechs.com AND/OR THEIR SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE MLSTechs.com WEBSITES, WITH THE DELAY
OR INABILITY TO USE THE MLSTechs.com WEBSITES OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MLSTechs.com
WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE MLSTechs.com WEBSITES,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF LIBOR, MLSLI AND/OR MLSTechs.com OR ANY OF THEIR SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE MLSTechs.com WEBSITES, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE MLSTechs.com WEBSITES.
You agree to indemnify, defend and hold harmless LIBOR, MLSLI, MLSTechs.com,
its partners, affiliates, subsidiaries and suppliers from any liability,
loss, claim and expense (including attorney’s reasonable fees) related
to your violation of this Agreement.
All materials on the MLSTechs.com websites (as well as the organization
and layout of the MLSTechs.com websites) are owned and copyrighted or licensed
by MLSTechs.com, its affiliates or its suppliers and licensors. (c)
1999, 2000 Copyright Multiple Listing Service of Long Island, Inc. All
rights reserved. No reproduction, distribution, or transmission of
the copyrighted materials at the MLSTechs.com websites is permitted without
the written permission of MLSTechs.com. Any rights not expressly granted
herein are reserved.
Pursuant to Title 17, United State code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider’s
Designated Agent. ALL INQUIRES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE.
Goldson, Nolan, Connolly, Nasis & Dornfeld PC
HOWARD W. GOLDSON
General Counsel
145 Marcus Blvd Suite# 4
Hauppauge, NY 11787
631-236-9877
Fax: 631-236-9871
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