- WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with access to information about Our
facilities, services, products, and related links to meet Your needs (the "Content").
The Terms are meant to protect all of Our visitors to this Web Site, and Your access
to and use of this Web Site signifies Your agreement with these Terms. DO NOT USE
THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS. We reserve the right, in Our
sole discretion, to modify, alter or otherwise update these Terms at any time. Such
modifications, alterations, and updates shall be effective immediately upon posting.
You agree to be bound by such modified, altered, and updated Terms if You access
or use this Web Site after We have posted notice of such modifications, alterations
Consistent with Our goals, this Web Site will permit You to link to many other Web
sites that may or may not be affiliated with this Web Site and/or with Us. The other
Your access to and use of such linked Web sites through links provided on this Web
Registration data and certain other information about You is subject to our Privacy
- USE OF THIS WEB SITE
We control and operate this Web Site. All Content on this Web Site, including, but
not limited to, text, photographs, images, illustrations, audio clips, and video
clips, is protected by copyrights, trademarks, service marks, and/or other intellectual
property rights (which are governed by United States and worldwide copyright laws
and treaty provisions, privacy and publicity laws, and communication regulations
and statutes). The Content is owned and controlled by Us or Our affiliates, or by
third party content providers, merchants, sponsors and licensors (collectively the
"Providers") that have licensed their content or the right to market their products
and/or services to Us. Content on this Web Site or any Web site owned, operated,
licensed or controlled by the Providers is solely for Your personal, non-commercial
use. The Content describing the rental properties depicted on this site is deemed
reliable but is not guaranteed. We are not responsible for changes or errors in
the property descriptions, property photos or listed amenities; therefore all data
should be personally verified through personal inspection by the user. If changes
or errors in the property descriptions, property photos or listed amenities are
discovered, We will act to correct such Content as soon as possible. You agree to
abide by all additional copyright notices, information, or restrictions contained
in any Content. You may download a single copy of any Content contained on this
Web Site, solely for Your personal, non-commercial use, consistent with these Terms,
provided that You maintain all copyright and other notices contained in such Content.
You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or
exploit the Content in any way (including by e-mail or other electronic means) for
commercial use without the prior written consent of Us or the Providers. You may
request consent by faxing a request to NRT's Legal Department at (973) 240-5059.
Your modification of the Content, use of the Content on any other Web site or networked
computer environment, or use of the Content for any purpose other than personal,
non-commercial use, without the prior written consent of Us or the Providers, violates
the intellectual property rights and proprietary rights of the Content owners and
You may not use on Your Web site any registered or unregistered trademarks, service
marks or copyrighted materials appearing on this Web Site, including but not limited
to any logos or characters, without the express written consent of the owner of
the mark or copyright. You may not frame, deep link, or otherwise incorporate into
another Web site any of the Content or other materials on this Web Site without
Our express prior written consent.
Violation of trademark and copyright laws may result in significant civil liability
or criminal penalties under United States and/or worldwide copyright and trademark
laws. You recognize that any reproduction or use of Content, except as authorized
by these Terms, is considered intentional infringement.
- USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Web Site for any purpose
that is unlawful or prohibited by these Terms, including without limitation the
posting or transmitting any threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material. If You violate any of these Terms,
Your permission to use this Web Site immediately terminates without the necessity
of any notice. We retain the right to deny access to anyone at Our discretion for
any reason, including for violation of these Terms.
You are solely responsible for Your Information, and We act as a passive conduit
for Your online distribution and publication of Your Information. As used in these
Terms, "Information" means any information or data that You submit to this Web Site
and any information or data that is generated by this Web Site as a result of Your
use of this Web Site.
In the event that You are provided with User identification numbers or codes (collectively,
"ID's"), confirmation numbers, and/or passwords (as applicable) in the use of this
Web Site, You shall maintain such User ID's, confirmation numbers, and/or passwords
in confidence and You agree not to distribute or disclose the same to third parties.
It is Your responsibility to notify Us if We need to change or discontinue any of
Your ID's, confirmation numbers, or passwords. It is also Your responsibility to
immediately request discontinuation of an ID, confirmation number, or password upon
Your knowledge or belief that such ID, confirmation number, and/or password is,
or may be subject to, a breach of confidentiality. We may suspend or terminate Your
service or access to this Web Site if We believe a breach of these Terms has occurred.
You agree to provide true, accurate, current and complete Information. If You provide
any Information that is untrue, inaccurate, not current or incomplete (or We have
reasonable grounds to suspect that such Information is untrue, inaccurate, not current
or incomplete), We have the right to suspend or terminate Your access and activity,
and refuse any and all current or future use, of this Web Site.
- PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and You agree not
to use or permit others to use this Web Site, for any of the following: (a) take
any action that imposes an unreasonable or disproportionately large load on the
Web Site's infrastructure, including but not limited to "spam" or other such unsolicited
mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation
numbers and/or passwords with any unauthorized third parties or using the assigned
confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt
to decipher, decompile, disassemble or reverse engineer any of the software or HTML
code comprising or in any way making up a part of this Web Site; (d) upload, post,
emailing or otherwise transmitting any Information, Content, or proprietary rights
that You do not have a right to transmit under any law or under contractual or fiduciary
relationships; (e) violating any applicable local, state, national or international
law, including, but not limited to, any regulations having the force of law; and,
(f) using any robot, spider, intelligent agent, other automatic device, or manual
process to search, monitor or copy Our Web pages, or the Content without Our prior
written permission, provided that generally available third party Web browser such
as Netscape Navigator® and Microsoft Internet Explorer® may be used without such
- INFORMATION POSTED TO WEB SITE
With respect to all Information You elect to post to publicly accessible areas of
the Web Site, You agree that We have the right to use, reproduce, modify, publish,
perform and display such Information (in whole or part) worldwide; provided that
You acknowledge and agree that We may preserve Information and may also disclose
Information if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the Terms; (c) respond to claims that any Information violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Our business, employees,
Providers, affiliates, users, and/or the public.
- LINKS TO OTHER WEB SITES
This Web Site may contain links to third-party and/or other Realogy-affiliated Web
sites not under Our control or operation (the "Linked Sites"). The links will let
You leave this Web Site, and You access them at Your own risk. You acknowledge that
We provide the Linked Sites for Your convenience and information only. We do not
endorse nor are We responsible for any content, information, or other related materials
found at any such Linked Sites or any links contained within such Linked Sites,
whether or not We are affiliated with the owners of such Linked Sites. Moreover,
We do not control any use of content, information or other related material that
You provide to, or is collected and/or tracked by, such Linked Sites. Such use by
of such Linked Sites, not this Web Site, and as a result may differ from Ours. You
may not establish a hyperlink to this Web Site or provide any links that state or
imply any sponsorship or endorsement of Your Web site by Us or the Providers.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through this Web Site, including payment and delivery of
related goods or services, and any other terms, conditions, warranties, or representations
associated with such dealings are solely between You and such advertiser. You agree
that We (and the Providers) shall neither be responsible nor liable for any loss
or damage incurred by You as the result of any such dealings or as the result of
the presence of such advertisers on this Web Site.
- NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS
APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON
INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, WARRANT
THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS
ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE
DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR
CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE
OF THIS WEB SITE.
WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER
SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS,
ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE
BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS
OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION)
AND REPAIR OR CORRECTION OF YOUR SYSTEM.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS),
NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON
OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE,
BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE)
OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR
ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US
IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. Some
states do not allow for the limitation of liability, so the foregoing limitation
may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE
OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR
USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE.
MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE
FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this Section 10 will survive and apply even if any
limited remedy specified in these Terms is found to have failed of its essential
purpose. The limitations of liability provided in these Terms inure to the benefit
of Us and the Providers, and to all respective officers, directors, employees, representatives,
attorneys, and agents.
- GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites) from Our offices within the State
of Maryland. It can be accessed from all 50 states, as well as from other countries
around the world. As each of these places has laws that may differ from those of
Maryland, by accessing this Web Site, You agree that these Terms and Your use of
the Web Site shall be governed in all respect by the internal substantive laws of
the State of Maryland, without regard to conflict of laws provisions and shall not
be governed by the United Nations Convention on the International Sale of Goods.
You further submit to exclusive jurisdiction and venue in the state and federal
courts located in the State of Maryland for all disputes, cases and controversies
regarding this Web Site, Your use of this Web Site, and Your relationship with Us.
We make no representation that materials on this Web Site are appropriate or available
for use in other locations, and accessing them from territories where the Content
is illegal is prohibited. Those who choose to access this Web Site from other locations
do so at their own risk and are responsible for compliance with local laws, including
laws regarding the transmission of technical data exported from the United States
or the country in which You reside.
We reserve the right to report any wrongdoing, if and when We become aware of it,
to any applicable government agencies. You agree to indemnify, defend and hold Us
and the Providers, Our and their officers, directors, employees, affiliates, agents,
licensors, and suppliers harmless from and against any and all claims, demands,
actions, costs, liabilities, losses and damages of any kind (including attorneys'
fees) resulting from Your use of this Web Site, Your breach of any provision of
these Terms and/or any negligent acts, omissions or intentional wrongdoing by You.
Any such indemnification shall be conditioned on Our: (a) notifying You in writing
of any such claim, demand, action, cost, liability, loss or threat of any thereof;
(b) cooperating with You in the defense or settlement thereof; and (c) allowing
You to control such defense or settlement. We shall be entitled to participate in
such defense at Our own cost and expense.
- MESSAGE BOARDS
In the event that We provide message boards or discussion forums on this Web Site
(the "Forums"), You agree to use the Forums only in a noncommercial manner. You
shall not, without our express approval, distribute or otherwise publish any material
containing any solicitation of funds, advertising, or written solicitation for goods
and services. You agree that any uploaded materials may be republished without compensation
to You or any other person or entity. In addition, You warrant that all moral rights
in any uploaded materials have been waived. While We do not and cannot review every
message posted by You or any other User in the Forums, and although We are not responsible
for these messages, We reserve the right (but not the obligation) to delete, move,
or edit messages that We, in our sole discretion, deem abusive, defamatory, obscene,
in violation of copyright or trademark laws, or otherwise unacceptable. We do not
endorse any Information posted on this Web Site.
You agree that You must evaluate, and bear all risks associated with, the use of
any messages, Information, or Content, including any reliance on the accuracy, completeness,
or usefulness of such messages, Information, or Content. In this regard, You acknowledge
that You may not rely on any Content We create or information submitted to Us by
third parties, including without limitation, information in the Forums, and in all
other parts of this Web Site.
- OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and their officers,
directors, employees, affiliates, agents, licensors, and suppliers. Each of these
individuals or entities shall have the right to assert and enforce these Terms directly
against You on its (or their own) behalf. Our failure to act with respect to a breach
by You or others does not waive Our right to act with respect to subsequent or similar
If any provision of these Terms is held to be invalid or unenforceable, such provision
will be struck and the remaining provisions enforced. Headings are for reference
You and We are dealing at arms' length, creating a commercial relationship. We are
not Your Agent or Your fiduciary, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by these Terms.
The provisions and conditions of these Terms, and each obligation referenced herein,
represent the entire Agreement between Us (including the Providers), Our affiliated
or related entities, and You, and supersede any prior agreements or understandings
not incorporated herein. In the event that any inconsistencies exist between these
Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.