TERMS OF USE

 

 

I. INTRODUCTION

 

The Terms of  Use below  (“Terms of Use”) are applicable to the website located at www.hreo.com (together with all microsites or subdomains hosted thereunder, and any other website that links to these Terms of Use, collectively, the “Site”), which is administered by RealNet Solutions, Inc. (d/b/a Hamptons Real Estate Online, or HREO.com) (“RealNet Solutions”) . Please read the Terms of Use carefully as they are an agreement between RealNet Solutions and each user of the Site (“you”) and will govern your use of the Site. By accessing the Site you acknowledge and accept the Terms of Use. RealNet Solutions reserves the right, in its sole discretion, to amend the Terms of Use at any time, with such amendments to become effective immediately upon posting to the Site. Each time you return to the Site, you are bound by the then-current version of these Terms of Use, and your continued use of the Site after any such amendment shall constitute your acceptance of these Terms of Use as amended.

 

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

 

If you have any questions or issues with respect to these Terms of Use (other than complaints of copyright infringement), please contact us at:  RealNet Solutions, Inc., P.O. Box 515, Westhampton, NY 11977, Attn: Nicholas Khuri, or email at info@HREO.com.  For complaints of copyright infringement occurring on the Site, please see our “Copyright” section below.

 

II. SITE CONTENT

 

The Site contains a variety of information, including text, photos, images, and other content (collectively, “Content”) and all trademarks, logos, copyrights and other intellectual property, which are owned by RealNet Solutions or its respective owner. RealNet Solutions grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view, store, bookmark, download and make limited copies of relevant Content, solely for your internal, non-commercial use, but you may not reproduce, sell, publish, distribute, modify, display, perform, re-post, transmit, or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of RealNet Solutions or its respective owner, as applicable. Furthermore, you may not use any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright.

 

 

III. SCRAPING AND OTHER PROHIBITED ACTIVITIES

 

The use of any data mining, screen-scraping, robots, or similar data gathering and extraction systems, techniques, or code bases for the purpose of crawling the Site to search, monitor, harvest, scrape, copy or collect the Content is strictly prohibited. By your use of the Site, you agree not to engage in such prohibited activities. You also acknowledge and agree that any such collection of Content in violation of the Terms of Use will cause RealNet Solutions to suffer irreparable injury and that an injunction or temporary restraining order may be entered by any court of competent jurisdiction prohibiting your use of any such information and requiring, without limitation, that any domain name used to distribute or provide such information be redirected away from the site containing such information.

 

In connection with your use of the Site, you further agree that you will not:

 

                                i.            do anything to disable or overburden the Site or impair its function, transmit any virus, worm, time bomb or similar system interference or corruptant through the Site, or restrict or inhibit others from using the Site;

                              ii.            use automated means to access the Site or delete, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site;

                            iii.            alter or modify the Content;

                            iv.            forward the Content as a mass distribution or otherwise send spam or other unauthorized advertisements or solicitations through the Site;

                              v.            post the Content on another website (including social media sites), or otherwise copy (except as permitted in Section II), distribute or modify any portion of the Site;

                            vi.            remove or obscure any copyright or trademark notice or other notices or legends featured on the Content;

                          vii.            solicit private information from users of the Site or attempt to violate the security of this Site to use or gain access to the information or computers of others through this Site;

                        viii.            use this Site in violation of any law, regulation, rule or the intellectual property or contractual rights of others, or in any manner that could expose RealNet Solutions or users of the Site to harm or liability;

                            ix.            frame this Site within your own or “deep link” to any pages of the Site so as to create the impression that the Content on such pages is your own;

                              x.            imply or suggest that RealNet Solutions has endorsed or is affiliated with you or any other party or website (including social media sites); or

                            xi.            attempt or assist anyone else to do any of the foregoing.

 

RealNet Solutions may investigate any complaint regarding or suspected violation of the Terms of Use, and may report any activity relating to this Site to law enforcement officials or other persons or entities it deems appropriate. If you violate the Terms of Use, including by engaging in any of the foregoing prohibited activities, your permission to use the Site immediately terminates without the necessity of any notice. You acknowledge and agree that you will be liable for all costs (including reasonable attorneys’ fees and costs) incurred by RealNet Solutions in connection with its enforcement of the Terms of Use against any violation thereof by you or others at your direction.

 

IV. PRIVACY

 

Our Privacy Policy is part of these Terms of Use and is incorporated herein.

 

 

V. LINKED WEBSITES

 

RealNet Solutions is not responsible for reviewing, monitoring, endorsing or controlling the content on any websites linked to or from the Site. You visit any website linked to or from this Site at your own risk, and are subject to the privacy policies and terms of use of any such websites. RealNet Solutions disclaims responsibility for the privacy policies and terms of use of third-party websites linked to or from the Site.

 

VI. INTERNATIONAL USE

 

The Site is operated and controlled by RealNet Solutions in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the internet, RealNet Solutions makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

 

 

VII. NO WARRANTIES/DISCLAIMER

 

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND REALNET SOLUTIONS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS,  EMPLOYEES, AGENTS AND REPRESENTATIVES EXPRESSLY DISCLAIM SAME, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR ABSENCE OF VIRUSES OR OTHER HARMFUL CODE. REALNET SOLUTIONS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THE SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU USE THE SITE SOLELY AT YOUR OWN RISK.

 

 

VIII. DAMAGE LIMITATION

 

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL REALNET SOLUTIONS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION, RELATING TO YOUR ACCESS TO, USE OF (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE OR ANY CONTENT THEREIN. THIS IS TRUE EVEN IF REALNET SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

 

IX. INDEMNIFICATION

 

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT REALNET SOLUTIONS’ OPTION, DEFEND REALNET SOLUTIONS FROM AND AGAINST ANY LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) OR DAMAGES RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THE TERMS OF USE. YOU SHALL NOT SETTLE ANY CLAIM UNLESS SUCH SETTLEMENT COMPLETELY AND FOREVER RELEASES REALNET SOLUTIONS FROM ALL LIABILITY WITH RESPECT TO SUCH CLAIM OR UNLESS REALNET SOLUTIONS PROVIDES ITS PRIOR WRITTEN CONSENT TO SUCH SETTLEMENT, AND FURTHER PROVIDED THAT REALNET SOLUTIONS SHALL HAVE THE RIGHT, AT ITS OPTION, TO DEFEND ITSELF AGAINST ANY SUCH CLAIM OR TO PARTICIPATE IN THE DEFENSE THEREOF BY COUNSEL OF ITS OWN CHOICE.

 

 

X. NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT

 

RealNet Solutions respects the intellectual property rights of others. If you believe your copyright has been infringed by materials accessible on the Site, you may request removal of such materials from the Site by notifying our designated Copyright Agent by sending a notice containing the following information:

 

·         An electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;

 

·         Identification and description of the copyrighted work that you believe to be infringed, including, if possible, a copy or location (for example, a URL) of an authorized version of the work;

 

·         Identification and description of the material you believe to be infringing such copyrighted work and its location;

 

·         The name, address, telephone number, and, if available, email address at which the copyright owner or its authorized representative may be contacted;

 

·         A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

 

·         A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

RealNet Solutions’ designated Copyright Agent is: Nicholas Khuri, P.O. Box 515, Westhampton, NY 11977. Email: info@HREO.com

 

 

 

XI. BENEFICIARIES

 

There are no third party beneficiaries of the Terms of Use.

 

 

XII. GOVERNING LAW/VENUE

 

The Terms of Use and your use of the Site and Content are governed by New York law. All disputes, controversies or claims between you and RealNet Solutions arising out of or in connection with the Terms of Use or your use of this Site or Content shall be resolved solely in the state or federal courts located in the borough of Manhattan, New York City. You agree to waive trial by jury in any such action.

 

© 2016 RealNet Solutions, Inc. All rights reserved.