PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING OUR SITE.
Your use of this site is expressly conditioned on your acceptance of the
terms and conditions of this User Agreement. By using this site, you
signify your agreement to these terms and conditions. If you do not
agree with any part of these terms and conditions, you may not use this
site. The Real Estate Commission LLC may at any time modify this User Agreement
and your continued use of this site or The Real Estate Commission LLC's services
will be conditioned upon the terms and conditions in force at the time
of your use.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this site and
to create binding legal obligations for any liability you may incur as
a result of the use of this site. If you use this site, you are
responsible for maintaining the confidentiality of your account
information and your password. You agree to accept responsibility for
all activities that occur under your account or password. You understand
that you are responsible for all uses of this site by you and those
using your login information.
OWNERSHIP
This site, and each of its modules, together with the arrangement and
compilation of the content found on this site, is the copyrighted
property of The Real Estate Commission LLC (together with its corporate affiliates,
"The Real Estate Commission LLC") and/or its third party suppliers and
content providers ("Third Party Suppliers"). Certain data
relating to schedules is the copyrighted work of third party information
providers. In addition, the trademarks, logos and service marks
displayed on this site (collectively, the "Trademarks") are
registered and common law Trademarks of The Real Estate Commission LLC and/or its
Third Party Suppliers. Nothing contained on this site should be
construed as granting, by implication, estoppel, or otherwise, any
license or right to use any of the Trademarks without the written
permission of The Real Estate Commission LLC or such other party that may own the
Trademarks. This site and the content provided in this site, including
the text, graphics, button icons, audio and video clips, digital
downloads, data compilations and software, may not be copied,
reproduced, republished, uploaded, posted, transmitted or distributed
without the written permission of The Real Estate Commission LLC and/or its Third
Party Suppliers, except that you may download, display and print the
materials presented on this site for your personal, non-commercial use
only. You must retain all copyright and trademark notices, including any
other proprietary notices, contained in the materials, and you must not
alter, obscure or obliterate any of such notices. The use of such
materials on any other Web site or in any environment of networked
computers is prohibited. Unauthorized use of this site and/or the
materials contained on this site may violate applicable copyright,
trademark or other intellectual property laws or other laws. You shall
be solely liable for any damages resulting from any infringement of
copyright, trademark, or other proprietary right, or any other harm
resulting from your use of this site.
USE OF SITE
The Real Estate Commission LLC grants you a limited, non-transferable license to
access and make personal use of this site in accordance with the terms
and conditions of this User Agreement. You may only use this site to
make legitimate transactions and shall not use this site for any other
purpose, including without limitation, to make any speculative, false
or fraudulent act or any act in anticipation of demand. For avoidance
of doubt, this license does not include any resale of this site or its
contents or any derivative use of this site or its contents. Without
limiting the foregoing, you may not:
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use or authorize or permit any third party to use on your behalf any
"robot," "spider" or other automatic device, or a
program, algorithm or methodology having similar processes or
functionality, or any manual process, to monitor or copy any of the
Web pages, data or content found on this site, in any case without the
prior written consent of The Real Estate Commission LLC;
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utilize any software, application, or algorithm, whether integrated in
a browser or otherwise, that frames, modifies or adds content to the
layout, design, or content of any The Real Estate Commission LLC Web page or
underlying application;
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transmit or otherwise transfer any Web pages, data or content found
on this site to any other computer, server, Web site, or other medium
for mass distribution;
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use any device, software or routine to interfere or attempt to
interfere with the proper working of this site;
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take any action that imposes a burden or load on our infrastructure
that The Real Estate Commission LLC deems in its sole discretion to be
unreasonable or disproportionate to the benefits obtained from your
use of the site; or
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post or transmit (a) any unlawful, threatening, libelous, defamatory,
obscene, indecent, inflammatory, pornographic or profane information
or material, (b) any information or material that (i) could constitute
or encourage conduct that would be considered a criminal offense, give
rise to civil liability, or otherwise violate any law, (ii) infringes
the rights of others or violates their privacy or publicity rights,
(iii) is protected by copyright, trademark or other proprietary right
(unless with the express written permission of the owner of such
right), (iv) contains a virus, bug or other harmful item, or (v) is
used to unlawfully collude against another person in restraint of
trade or competition.
In its sole discretion, in addition to any other rights or remedies
available to The Real Estate Commission LLC and without any liability whatsoever,
The Real Estate Commission LLC at any time and without notice may terminate or
restrict your access to this site. If you have been notified by
The Real Estate Commission LLC that you are prohibited from using the site, then
notwithstanding the foregoing you have no license to use the site and
any access by you or on your behalf shall be unauthorized and unlawful.
The Real Estate Commission LLC may provide notice under this or any other section
of this agreement via an email sent to the email address contained in
your user profile or otherwise used on this site, or in any other
reasonable manner. The Real Estate Commission LLC reserves the right to cancel
any and all transactions you have made on the site after you have been
prohibited from using the site, with no liability whatsoever to you.
SUBMITTED CONTENT; REVIEW OF TRANSMISSIONS
These terms and conditions apply to any journals, recommendations,
reviews, opinions, news articles, directories, guides, text,
photographs, illustrations, graphics, logos, audio clips, images,
information, data, photographs, software, messages, ideas, comments,
questions, or other materials received by The Real Estate Commission LLC from you
(collectively "Submitted Content"). The Real Estate Commission LLC shall
have the right (but not the obligation) to, from time to time monitor
and review Submitted Content and any other information transmitted or
received through this site and reserves the right to censor, edit,
remove or prohibit the transmission or receipt of any information that
The Real Estate Commission LLC deems inappropriate or in violation of these terms
and conditions. During monitoring, the Submitted Content may be examined,
recorded or copied, and your use of this site constitutes your consent
to such monitoring and review. You agree that you are responsible for
the Submitted Content, and The Real Estate Commission LLC disclaims any
responsibility and assumes no liability with respect to Submitted
Content. By providing Submitted Content, you warrant that: (a) you are
the owner of such Submitted Content, or have been granted all the rights
necessary from the owner thereof to provide such Submitted Content to
The Real Estate Commission LLC and for the use by The Real Estate Commission LLC as stated
herein, and (b) the use of such Submitted Content by The Real Estate Commission
LLC will not infringe the intellectual property rights of or otherwise
violate the rights of any third party. You shall be solely liable for
any damages resulting from any infringement of copyright, trademark, or
other proprietary right or any other harm resulting from your use of the
site. You agree that if you provide Submitted Content, you grant
The Real Estate Commission LLC a worldwide, non-exclusive, royalty-free, perpetual,
irrevocable, and fully sublicenseable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
display, perform, transfer, or sell such Submitted Content in any form,
media or technology for any purpose whatsoever, including, without
limitation, a commercial purpose, without any compensation to you, and
you waive all moral rights with respect thereto. You agree that you will
not publish, submit, provide, or display such Submitted Content to or
on any other commercial website or online service without The Real Estate Commission
LLC's prior written consent, which consent may be withheld by
The Real Estate Commission LLC in its sole discretion. Consent may be requested by
emailing
customerservice@therealestatecommission.com.
You agree that The Real Estate Commission LLC
may choose to provide attribution of Submitted Content provided by you
at our sole discretion, and that such Submitted Content may be shared
with The Real Estate Commission LLC's Third Party Suppliers, distribution
partners, customers and other third parties.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA")
provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright
law. If you believe in good faith that materials hosted by us infringe
your copyright, you (or your agent) may send us a notice requesting
that the material be removed, or access to it blocked. Such notice must
include An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; A description
of the copyrighted work that you claim has been infringed upon; A
description of where the material that you claim is infringing is
located on the site; Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; A
statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf. Notices and
counter-notices with respect to the site should be sent to The Real Estate Commission LLC, 24 Aviation Road, Suite 202, Albany, New York 12205, Attn: Corporate
Counsel, Email:
customerservice@therealestatecommission.com.
We suggest that you consult
your legal advisor before filing a notice or counter-notice. Also, be
aware that there can be penalties for false claims under the DMCA.
CURRENCY
Currency rates are in US Dollars.
EXCLUSION OF WARRANTIES
NEITHER The Real Estate Commission LLC NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKE
ANY WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS
PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS.
NEITHER The Real Estate Commission LLC NOR ANY OF ITS THIRD PARTY SUPPLIERS
WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF
THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY
DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR
FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER The Real Estate Commission
LLC NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANT THAT THIS SITE, ITS
SERVERS OR ANY EMAIL SENT FROM The Real Estate Commission LLC ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
THIS SITE CONTAINS LINKS TO OTHER WEBSITES WHICH ARE PROVIDED SOLELY AS
A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY The Real Estate Commission LLC
OR ITS THIRD PARTY SUPPLIERS OF THE CONTENTS OF SUCH OTHER WEB SITES OR
THE GOODS OR SERVICES PROVIDED THEREON. NEITHER The Real Estate Commission LLC
NOR ANY THIRD PARTY SUPPLIER SHALL BE RESPONSIBLE FOR THE CONTENT OF ANY
OTHER WEB SITES AND MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY
OTHER WEB SITES OR THE CONTENTS OR MATERIALS ON SUCH WEB SITES OR THE
GOODS OR SERVICES PROVIDED THEREON. IF YOU DECIDE TO ACCESS OTHER WEB
SITES, OR TO USE SUCH GOODS OR SERVICES, YOU DO SO AT YOUR OWN RISK.
The Real Estate Commission LLC EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING
ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS,
INCORRECT THIRD PARTY SUPPLIER INFORMATION, ON THE SITE AND/OR TO
CHANGE OR CANCEL PENDING DEALS MADE UNDER AN INCORRECT PRICE. THIS
RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR YOUR
CREDIT CARD CHARGED.
LIMITATION OF LIABILITY
The Real Estate Commission LLC ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE
LIABLE FOR, ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM
THE SITE. IN NO EVENT SHALL The Real Estate Commission LLC OR ANY OF ITS THIRD
PARTY SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY
SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST
PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, EQUITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY
CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II)
ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR
INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III) THE PERFORMANCE
OR NON PERFORMANCE BY The Real Estate Commission LLC OR ANY OF ITS THIRD PARTY
SUPPLIERS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING
FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO
SUCH PARTIES OR ANY OTHER PARTY. THE THIRD PARTY SUPPLIERS PROVIDING
SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR
EMPLOYEES OF The Real Estate Commission LLC. The Real Estate Commission LLC IS NOT LIABLE
FOR THE UNINTENTIONAL OR INTENTIONAL ACTS, ERRORS, OMISSIONS,
REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD
PARTY SUPPLIERS OR AGENTS OF THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL
INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING
THEREFROM. The Real Estate Commission LLC SHALL HAVE NO LIABILITY AND WILL MAKE
NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE
OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO
RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF
ANY GOVERNMENT OR AUTHORITY. IF, NOTWITHSTANDING THE FOREGOING,
REAL ESTATE COMMISSION LLC OR ANY THIRD PARTY SUPPLIER SHOULD BE FOUND LIABLE FOR
ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH
ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITE OR ITS
CONTENT, THE LIABILITY OF The Real Estate Commission LLC AND THE THIRD PARTY
SUPPLIERS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT
PAID TO The Real Estate Commission LLC IN CONNECTION THEREWITH. SOME STATES OR
JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY
NOTWITHSTANDING THE SELECTION OF NEW YORK LAW AS DESCRIBED BELOW, DO NOT
ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY
TO YOU.
INDEMNIFICATION
You shall defend and indemnify The Real Estate Commission LLC and any Third Party
Suppliers and its and their respective owners, officers, directors,
employees and agents from and against any claim, cause of action or
demand, including without limitation reasonable legal and accounting
fees, brought by or on your behalf in excess of the liability described
herein or by third parties as a result of your use of this site
(including without limitation any violation by you of these terms and
conditions any law or the rights of a third party).
RESOLUTION OF DISPUTES
This User Agreement and its performance shall be governed by the laws of
the State of New York, United States of America, without regard to
conflict of laws provisions that would result in the application of the
laws of any other jurisdiction. If a dispute does arise between you and
The Real Estate Commission LLC our goal is to provide you with a neutral and cost
effective means of resolving the dispute quickly. Accordingly, you and
The Real Estate Commission LLC agree that we shall resolve any action, claim or
controversy at law or equity (a "Claim") that arises out of
your use of this site or our services, this User Agreement, or the
parties' relationship in connection with this site or this User
Agreement in accordance with one of the subsections below or as
otherwise mutually agreed by the parties in writing. Before resorting to
these alternatives, we strongly encourage you to first contact us
directly to seek a resolution by contacting
customerservice@therealestatecommission.com
as most customer concerns can be resolved quickly and satisfactorily in
this manner.
Submission to Jurisdiction in New York - You agree that unless otherwise
mutually agreed by the parties in writing or as described in the
Mandatory Arbitration subsection below, any Claims shall be brought in
the state or federal courts located in Albany County, the State of New
York, United States of America. Unless otherwise prohibited by
applicable law, any Claim must be brought within two (2) years from the
date on which such Claim arose or accrued.
Mandatory Arbitration - Any Claim where the total amount in controversy
is less than US$10,000, shall be resolved via binding,
non-appearance-based arbitration initiated through the American
Arbitration Association ("AAA"). The AAA Rules are available
online at www.adr.org or by calling the AAA at 1-800-778-7879. AAA and
the parties must comply with the following rules: (a) the arbitration
shall be conducted by telephone, online and/or be solely based on written
submissions, the specific manner shall be chosen by the party initiating
the arbitration; (b) the arbitration shall be conducted by an arbitrator
in Albany County, New York who is approved or otherwise affiliated with
the AAA; (c) the arbitration shall not involve any personal appearance
by the parties or witnesses unless otherwise mutually agreed by the
parties in writing; (d) the arbitrator may award injunctive or
declaratory relief only in favor of the individual party seeking relief
and only to the extent necessary to provide relief warranted by that
party's individual claim; (e) unless otherwise mutually agreed by the
parties in writing, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding; and (f) any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. If subparagraph (e) above is found to be unenforceable,
then the entirety of this Mandatory Arbitration provision shall be null
and void.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS USER AGREEMENT,
YOU AND The Real Estate Commission LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS
COVERED BY THIS MANDATORY ARBITRATION PROVISION.
Improperly Filed Claims - All Claims you bring against The Real Estate Commission
LLC must be resolved in accordance with this Resolution of Disputes
Section. All Claims filed or brought contrary to the Resolution of
Disputes Section shall be considered improperly filed and void. Should
you file a Claim contrary to the Resolution of Disputes Section,
The Real Estate Commission LLC may recover attorneys' fees and costs up to $1,000,
provided that The Real Estate Commission LLC has notified you in writing of the
improperly filed Claim, and you have failed to promptly withdraw the
Claim.
ATTORNEY'S FEES
If The Real Estate Commission LLC takes any action to enforce this User Agreement,
and such Claim is not resolved pursuant to the Mandatory Arbitration
provision under RESOLUTION OF DISPUTES, above, The Real Estate Commission LLC
will be entitled to recover from you, and you agree to pay, all
reasonable attorney's fees and any costs of litigation, in addition to
any other relief, at law or in equity, to which The Real Estate Commission LLC
may be entitled. Moreover, you agree that The Real Estate Commission LLC may debit
your credit or debit card or charge you for any such amounts.
INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of this
User Agreement will cause such damage to The Real Estate Commission LLC as will be
irreparable, the exact amount of which would be impossible or difficult
to ascertain and for which there will be no adequate remedy at law.
Accordingly, you agree that The Real Estate Commission LLC shall be entitled as a
matter of right to seek an injunction from any court of competent
jurisdiction, restraining such violation or attempted violation of these
terms and conditions by you, or your affiliates, partners, or agents,
without having to post a bond or other security.
PRIVACY
You have read the The Real Estate Commission LLC Privacy Policy , the terms of
which are incorporated herein, and you agree that the terms of such
policy are reasonable. You consent to the use of your personal
information by The Real Estate Commission LLC and/or its Third Party Suppliers
in accordance with the terms of and for the purposes set forth in the
The Real Estate Commission LLC Privacy Policy.
TAXES, GOVERNMENTAL FEES, TAX RECOVERY CHARGES AND SERVICE FEES
A number of taxes, governmental fees, Tax Recovery Charges, and service
fees may apply to your transactions on this site and you agree to such.
ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions of The Real Estate Commission LLC and/or its Third
Party Suppliers may apply to reservations, purchases of goods and
services and other uses of portions of this site and our services. You
agree to abide by any such additional terms and conditions and you
understand that if you violate any such terms and conditions, it may
result in cancellation of your reservation(s), in your being denied
access to the applicable travel product or services, and in your
forfeiting any amounts paid for such reservation(s). The Real Estate Commission
LLC may debit your credit or debit card account or charge you for any
costs we incur as a result of such violation. You acknowledge that some
Third Party Suppliers offering certain services and/or activities may
require you to sign their liability waiver prior to participating in the
service and/or activity they offer.
MISCELLANEOUS
The relationship between The Real Estate Commission LLC and you will be that of
independent contractors, and neither of us nor any of our respective
officers, agents or employees will be held or construed to be partners,
joint ventures, fiduciaries, employees or agents of the other. You may
not assign, convey, subcontract or delegate your rights, duties or
obligations hereunder. These terms and conditions shall be deemed
severable. In the event that any provision is determined to be
unenforceable or invalid, such provision shall nonetheless be enforced
to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any
other remaining provisions. The headings used in this User Agreement
are included for convenience only and will not limit or otherwise affect
the terms and conditions herein. This User Agreement, together with any
terms and conditions incorporated herein or referred to herein
constitute the entire agreement between us relating to the subject
matter hereof, and supersedes any prior understandings or agreements
(whether oral or written) regarding the subject matter, and may not be
amended or modified except in writing or by making such amendments or
modifications available on this site.