If you believe that your work is being used on the Site in a way that constitutes copyright infringement, you may notify us at the above-referenced address. Your notification must include the following information: (i) identification of the copyrighted material claimed to have been infringed upon; (ii) information as to the location of such copyrighted material sufficient to enable FARE to locate such material; (iii) information sufficient to enable FARE to contact the owner of such copyright material; (iv) a statement that the use of the material is not permitted or authorized by the owner of such material; and (v) a statement that the information contained in the notification is certified as true under the penalties of perjury. Notification that fails to comply substantially with the foregoing will not constitute knowledge or awareness as to any alleged infringement.

• Personal Use Only:  The Site is for personal use only.  You may not reproduce, copy, sell or otherwise exploit the Site or any part thereof, or access or use the Site for any commercial purposes.

• 
  

  Use At Your Own Risk:  Any listing on the Site may be updated, changed, modified, withdrawn, sold or rented at any time without notice. Any furnishings, decorations and artist representations are provided for illustrative purposes only. All square footage and dimensions are approximate. Before you act on any information you have found on the Site, you should independently confirm any facts that are important to your decision, including without limitation obtaining any exact dimensions by retaining the services of a professional architect or engineer. The information contained on the Site is not intended to be comprehensive, and may not be accurate, up-to-date or applicable to any particular case. IF YOU RELY ON ANY INFORMATION, CONTENT OR SERVICE AVAILABLE THROUGH THE SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, CONTENT OR SERVICE FROM THE SITE. NO MEMBER OF FARE, THE RLS OR THE MLS CAN ACCEPT ANY LIABILITY FOR ANY INACCURACIES OR OMISSIONS IN THIS SITE.





• Listing Services:  You acknowledge that the individual listing services, including the Residential Listing Service (RLS) and the Multiple Listing Service (MLS), which supply the listing data to the Site, own such data, and you acknowledge the validity of their respective copyright to such data.




• Prohibited Conduct:  You must not do, or attempt to do, any of the following:

  1. Access, tamper with, or use services or areas of the Site that are not authorized to access.

  2. Alter any information on or obtained from the Site.

  3. Tamper with postings, submissions or content belonging to FARE or other users of the Site.

  4. Frame any part of the Site, or link our Site, or otherwise make it look like you have a relationship to FARE or that we have endorsed you for any purpose except as expressly permitted in writing by FARE.

  5. Take any action which might impose a significant burden on the Site’s infrastructure or computer systems, or otherwise interfere with the Site’s ordinary operation.

Warranty
All information, Content, service and listing services available through the Site are for information purposes only and are provided by us on an “as is” basis without warranties or representations of any kind, either expressed or implied.  Without limiting the forgoing, FARE, its owners, affiliates, officers, directors, employees, agents, contractors, content or service providers, investors, successors and assigns (collectively, “FARE”), the RLS and the MLS specifically disclaim any and all warranties, express or implied by statute or otherwise, including but not limited to:

(1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services;

(2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose; and

(3) any warranties as to results that may be obtained through the use of the Site.

FARE does not warrant that the functions contained and/or furnished on the Site or on any third party site will be uninterrupted or error-free, that defects or errors will be corrected, or that this Site or any third party site, as the case may be, will be available, free of virus or other harmful components. FARE further disclaims any representation or warranty that Content of this Site or any third party site is timely, accurate, correct or reliable. Your use of this Site is solely at your own risk.

Indemnification

By choosing to use the Site, you agree to indemnify, defend and hold harmless FARE, the RLS and the MLS from any and all claims or damage, including attorney’s fees, arising out of or related to: (1) Content you choose to submit, post or transmit through the Site; (2) your use of or connection to the Site; (3) your violation of these Terms; (4) your violation of any rights of another or (5) your non-compliance with any applicable local, state, national or international law.

Limitation of Liability

To the extent permitted by applicable law, no member of FARE, the RLS or the MLS shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of your access to or use of the Site or any information contained in it, or your inability to gain access to or use the Site, or any breach of any warranty, even if FARE, the RLS or the MLS have been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.

Links to Third Party Sites

Our Site may contain links to third party web sites. These linked sites are not part of the Site nor are they under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability or content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience, and we do not endorse the linked site or its use or contents and do not mean to imply that FARE is affiliated, associated with, or legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted material contained in the link. You use the links at your own risk. You hereby irrevocably waive any claim against FARE with respect to such third party sites.

Posting Content on the Site

• 
  

  Your Warranty:  You may post to the Site or otherwise submit to us your Content, including, without limitation: comments regarding property listings, blog postings, or any other ideas, suggestions, documents or proposals. By submitting your Content, you warrant, represent and agree that:

  1. you own your Content or have sufficient rights in your Content to grant to FARE the rights described in these Terms;

  2. your Content does not and will not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party;

  3. your Content is true and accurate to the best of your knowledge;

  4. your Content does not include confidential or proprietary information;




• Prohibited Content. You must not post to the Site any Content that, as reasonably determined by FARE, is or appears to be the following:

  1. untrue, misleading, harmful, threatening, fraudulent, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially, morally or otherwise objectionable;

  2. infringing upon or misappropriating a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement or misappropriation;

  3. proprietary and confidential information such that you do not have a right to transmit under any law or contractual or fiduciary relationships.

  4. information that references personally identifiable information, such as address, email address, contact information, or phone number; of another

  5. unsolicited, undisclosed or unauthorized advertising;

  6. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  7. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post;

  8. in violation of any applicable local, state, national or international law (including consumer protection, unfair competition, anti-discrimination, fair housing and false advertising laws).

• Ownership of Your Content:  You retain ownership of your rights in any Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms.

• Your License to FARE: You hereby grant FARE irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, delete, translate, transmit, sell and distribute, advertise in, on and around, and create derivative works of the Content you submit or make available for inclusion on or through the Site, and to incorporate such Content into other works in any form, media, or technology now known or later developed without compensation to you.

• Monitoring and Protection of Content:  We may provide certain forums on the Site for users to post feedback and opinions regarding the Content. We offer these forums for discussion among third parties. You acknowledge and agree that we are not obligated to monitor, restrict or filter any Content posted anywhere on the Site. However, we reserve the right to modify or remove any Content at any time. Any Content posted or made available by third parties, including other users, are those of the respective author(s) and not of FARE. FARE neither endorses nor is responsible for the accuracy or reliability of any Content posted on the Site.

• Opinions: The views and opinions expressed within this Site do not necessarily reflect those of FARE.

• Scope of Use: The purpose of this service is to assist customers in real estate transactions and any other services offered by FARE. You represent that you are a prospective buyer, seller, landlord or tenant of real property with a bona fide interest in the purchase, sale or lease of such real property.

• Sign-up Required: You must complete the Site sign-up form to Join the Group to receive personalized updates, alerts, newsletters, market reports, etc. from FARE.

• Minimum Age: You must be eighteen (18) years of age or older to Join the Group.

• Consent to Contact: BY JOINING THE GROUP, YOU CONSENT TO RECEIVE PERSONALIZED EMAILS, TELEPHONE CALLS AND/OR FAXES FROM FARE. You must provide accurate, current and complete information to FARE for the service. You must update such information in a timely manner to maintain its accuracy and completeness.

• No Affiliation With Real Estate Agent: You agree that you have not signed any agreement with any real estate agent or broker that would prevent you from using FARE as your broker. You do not have a contract or agreement with any third party that would interfere with FARE potentially representing you.

• Your Obligation to Stay Current:  You are responsible for reviewing and becoming familiar with these terms as same maybe amended from time to time. It is critical that you check back regularly to review these Terms, which includes the Privacy Policy.

• Changes to Terms:  At any time and for any reason, FARE may change or update these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms, without notice to you. You can always find the most recent version of the Terms here. In case of inconsistencies between these Terms and any materials provided off-line, these Terms will always control.

• Changes to Service:  We reserve the right to modify or discontinue, and restrict or block access to, any service provided through the Site without notice to you. We may modify or remove any Content at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal.

• Term:  These Terms shall remain in full force and effect until terminated in accordance with this Section.

• Right to Terminate:  We may, at any time, terminate your access to the Site, for any reason, consistent with local, state and federal fair housing and other laws, including if we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of FARE, our users, or any other person.

• Effect of Termination: Upon termination of your access to the Site, your agreement with FARE pursuant to these Terms shall survive the expiration or termination of this agreement and your use of this Site.  Further, FARE will not be liable to you or any third party for any termination of your access to the Site.

Miscellaneous

• Agency Disclosure: New York State law requires real estate licensees who are acting as agents of buyers, sellers, landlords or tenants of property to advise the potential buyer, seller, landlord or tenant with whom they work, the nature of their agency relationship and the rights and obligations this relationship creates. These disclosures will help you to make informed decisions about your relationship with FARE and its agents.

• Third Party Rights: These Terms are for the sole benefit of FARE, its officers, directors, employees, affiliates and agents. No other person, including any user of the Site, shall have the right to assert a claim under these Terms.

• Export Limitations: This Site is controlled by us from our offices in the United States of America (USA) and is directed to USA users. If you access the Site from locations outside the USA, you do so at your own risk and are responsible for compliance with applicable laws. You may not use or export anything from the Site in violation of USA export laws and regulations or the Terms.

• Choice of Law:  Your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws provisions. Venue in any action or proceeding shall be in the State, City and County of New York. To the extent permitted by applicable law, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with, or relating to this Site and/or these Terms, must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is forever barred.

• Severance: If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.

• No Waiver:  FARE's failure to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or FARE's right to act with respect to subsequent or similar breaches.

• Entire Agreement: These Terms, which includes the Privacy Policy (below) comprise the entire agreement between you and FARE with respect to the use of the Site and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein.