NEW ENGLAND REAL ESTATE NETWORK, INC.
WEB SITE TERMS AND CONDITIONS OF USE
(LAST UPDATED 06/08/2012)
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE. YOUR CONTINUED USE OF THE WEB SITE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS OF USE.
The Site and certain parts of its contents, including the look and feel, design and organization of the Site, and the compilation of the content, code, data, as well as trademarks, service marks, logos, taglines, slogans, trade names and other material, made available on or accessed through the Site (collectively, the “Materials”)and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by NEREN or its licensors and are protected under both United States and foreign laws. To the extent that NNEREN does not own the right, title, and interest in and to content used in connection with the Site, NEREN has an express or implied license from the owners of such content to use the same. Your use of the Site does not grant to you ownership of any of the Materials. Except as stated herein, none of the Materials or content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of authorized personnel of NEREN, its licensors or the otherwise applicable rights holders.
USE RESTRICTIONS AND PROHIBITED CONDUCT
Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you are an authorized Real Estate Agent or Affiliate have received the express prior written permission from authorized personnel of NEREN or the otherwise applicable rights holder(s). Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Site. If you make other use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. While using the Site and the services made available on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) use the Site or the services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services; (c) use the Site or the services in violation of NEREN’s or any third party's intellectual property or other proprietary or legal rights; (d) use the Site or the services in violation of any applicable law, (e) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the services made available on or through the Site, or any content thereof, or make any unauthorized use thereof; (f) obtain or attempt to obtain any content or information through any means not intentionally made publicly available or provided for through the Site; (g)attempt to gain unauthorized access to the Site through hacking, password mining or any other means; (h) “mirror” any of the content of this Site; or (i) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data miner” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof) or its contents.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site or on content available through the Site are registered and unregistered Trademarks of NEREN and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by NEREN that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of NNEREN or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the services made available on or through the Sites strictly prohibited.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NNEREN HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NEREN DOES NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED ON OR THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NEREN MAKES NO WARRANTY THAT THE SITE OR THE SERVICES MADE AVAILABLE ON OR THROUGH THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NEREN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, RESULTS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
NNEREN TRIES TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. NEREN RESERVES THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. NNEREN NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED NEREN EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, RESULTS, DATA OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
LIMITATION OF LIABILITY AND DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL NNEREN, ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE OR THE SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO NEREN FOR YOUR USE OF THE SITE OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE.
ADVERTISEMENTS AND LINKS
NEREN does not endorse and is not affiliated with any third party advertiser (“Advertiser”)that advertises through this Site. NEREN does not endorse, recommend, or guarantee any Advertiser’s goods and/or services, and does not endorse and is not responsible for Advertiser’s content that appears on or is linked to through the Site. These links are not an endorsement by NEREN of the contents on such third party web sites. NEREN shall have no liability, obligation or responsibility for any correspondence, purchase, promotion, or interaction between you and Advertiser. In no event shall NEREN be responsible for any content, products, services, or other materials available from or provided by any Advertiser. If you decide to access linked third party web sites, you do so at your own risk, and NEREN makes no representations about and takes no responsibility for any third party web sites’ privacy policies or use of your Personal Information.
NEREN reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the services made available on or through the Site at any time and/or to restrict, suspend or terminate your access to the Site and/or the services or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.