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PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.
YOUR USE OF THIS WEB SITE IS SUBJECT TO THE FOLLOWING TERMS OF USE.
BY ACCESSING THIS WEB SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU
DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEB SITE.
HomeSteadNet.com
(this "Site")
is the web site of the Greater Rochester Association of REALTORS®
("GRAR") and its information subsidiary, Genesee Region Real
Estate Information Services ("GENRIS"). Your use of this
Site constitutes your receipt and acceptance of these Terms of Use:
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Trademarks and Copyrights.
The trademarks, trade names, logos, and service marks displayed on this
Site (collectively, "Marks"), including, but not limited to, the names
"Genesee Region Real Estate Information Services", "GRAR", "Genesee Region
Real Estate Information Services", "GENRIS", "HomeSteadNet.com" and the
names of any and all GRAR and GENRIS services and products referenced on
this Site, are either registered or common law trademarks, trade names,
or service marks and are our property or the property of our affiliates
and/or third-parties. You are prohibited from using any such Marks
without our written permission or the written permission of the third party
who owns any such Mark. This Site and all of its contents are copyright
protected. Nothing on this Site shall be construed as conferring
any license or right to use any of the Marks or any of our or a third-party’s
intellectual property rights without our written permission or that of
such other party who may own such Marks or rights. Any reproduction,
modification, distribution, transmission, republication or display of the
content of this Site is strictly prohibited.
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Software. Any software ("Software")
that is made available to download from this Site is the copyrighted work
of GRAR, GENRIS, their respective suppliers and/or third parties.
Use of the Software is governed by the terms of the end user license agreement,
if any, which accompanies the Software (the "License Agreement").
Unless expressly provided in the License Agreement to the contrary, WE
DISCLAIM ALL WARRANTIES AND IMPLIED WARRANTIES WITH REGARD TO SUCH SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT.
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Third-Party Materials. LINKED
WEB SITES, ADVERTISING BANNERS, AND OTHER THIRD-PARTY MATERIALS (COLLECTIVELY,
"THIRD-PARTY MATERIALS") ARE NOT UNDER OUR CONTROL. WE ARE NOT RESPONSIBLE
FOR THE CONTENT, FUNCTIONS, OR PERFORMANCE OF ANY THIRD-PARTY MATERIALS,
WHETHER FOUND ON, OR LINKED THROUGH, THIS SITE. WE PROVIDE THIRD-PARTY
MATERIALS ONLY AS A CONVENIENCE. THE INCLUSION OF ANY THIRD-PARTY
MATERIALS ON THIS SITE DOES NOT IMPLY OUR ENDORSEMENT OF SUCH THIRD-PARTY
MATERIALS.
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Privacy Policy. By using
this Site and providing such data, you consent to the collection and use
of such data in accordance with our Privacy Policy.
In addition, we expressly reserve the right to use all data generated in
connection with this Site in any manner that is consistent with our Privacy Policy, as it is amended from time to time.
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Access and Interference.
You agree that you will not access or attempt to access password protected,
secure, or non-public areas of this Site unless expressly authorized by
us. Unauthorized individuals attempting to access prohibited areas
of this Site may be subject to prosecution. You may only use this
Site for legitimate legal purposes. You understand that overuse or
abuse of this Site may result in you being denied access to this Site.
You warrant to us that you will not use this Site for any purpose that
is unlawful or prohibited by these Terms of Use or our Privacy Policy. You agree not to engage in the practices of "screen
scraping," "database scraping," or any other activity with the purpose
of obtaining lists of users or other information. You agree that
you will not use this Site in any manner which could damage, disable, overburden,
impair, or otherwise interfere with any other party's use and enjoyment
of this Site. You agree that you will not use any robot, spider,
other automatic device, or manual process to monitor or copy this Site
or the content contained herein without our prior express written permission.
You agree that you will not use any device, software, or routine to interfere,
or attempt to interfere, with the proper working of this Site or any business
being conducted on this Site.
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Enforcement.
We do not warrant the enforcement of these Terms of Use or our Privacy Policy against you or a third-party.
Enforcement shall be at our option and for our benefit. If we do
not enforce any term on one occasion, we shall not be prohibited from enforcing
it on another occasion. Although we prohibit the use of this Site
and its services to commit certain acts, we disclaim all liability arising
in connection with these acts or activities or the use thereof or in connection
with our action or failure to act, including in connection with our enforcement
of these Terms of Use and/or our Privacy Policy.
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No Warranty. WE PROVIDE THIS
SITE AND ITS CONTENTS "AS IS", AND WITHOUT ANY WARRANTY OF ANY KIND,
EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THIS SITE OR THE ACCURACY, TIMELINESS, COMPLETENESS,
OR RELIABILITY OF ANY INFORMATION OBTAINED ON OR THROUGH THIS SITE.
THIS SITE MAY CONTAIN TYPOGRAPHICAL, TIME RELATED, PRICING, OR OTHER TYPES
OF ERRORS. WE DO NOT GUARANTY THAT SUCH ERRORS WILL BE CORRECTED.
UNLESS OTHERWISE STATED, ALL INFORMATION ON THIS SITE IS SUBJECT TO CHANGE
AT ANY TIME.
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Liability Limit. YOU
USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS
SITE, ANY OF THE MATERIALS CONTAINED ON THIS SITE, ANY OF THESE TERMS OF
USE, OR OUR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THIS SITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS, ANY SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THIS SITE,
OUR PRODUCTS OR SERVICES, THESE TERMS OF USE, OR NON-ENFORCEMENT OF OUR
PRIVACY POLICY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, WE SHOULD BE FOUND LIABLE FOR ANY LOSS
OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE
ABOVE, OUR LIABILITY TO YOU AND/OR ANY THIRD-PARTIES, IN THE AGGREGATE,
SHALL IN NO EVENT EXCEED, AND IS LIMITED TO THE GREATER OF (A) THE PRICE
OF THE PRODUCT ORDERED OR COST OF THE SERVICE PROVIDED OR (B) ONE HUNDRED
DOLLARS ($100). Some states do not allow the limitation of certain
liability, so the foregoing limitation may not apply to you. In such
states, our liability is limited to the fullest extent permitted by law.
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Indemnity. YOU
AGREE TO INDEMNIFY AND HOLD US (INCLUDING OUR OFFICERS, DIRECTORS, SUPPLIERS,
AGENTS, AND EMPLOYEES) HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR
ANY AND ALL CLAIMS, DEMANDS OR DAMAGES (INCLUDING REASONABLE ATTORNEYS'
FEES) INCURRED BY US DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS
OF USE OR OUR PRIVACY POLICY OR YOUR VIOLATION OF ANY LAW OR INFRINGEMENT
ON THE RIGHTS OF A THIRD-PARTY.
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Miscellaneous. For purposes of
these Terms of use, "us, we and our" refers to GRAR and GENRIS, and "you
and your" refers to you, the user of this Site. These Terms of Use,
our Privacy Policy, and all rights
and obligations under and regarding the same shall be governed by and construed
in accordance with the laws of the State of New York, USA, without reference
to principles of conflicts of laws. These Terms of Use and our Privacy Policy (which is hereby incorporated by reference) embody the
entire understanding of the parties with respect to their respective subject
matter and they supersede all prior discussions, agreements, and understandings
with respect thereto. The waiver by either party of a breach or default
in any of the provisions of these agreements by the other party shall not
be construed as a waiver of any succeeding breach of the same or other
provisions; nor shall any delay or omission on the part of either party
to exercise or avail itself of any right, power, or privilege that it has
or may have hereunder operate as a waiver of any breach or default by the
other party. If a court of competent jurisdiction determines that
any one or more of the terms, provisions, covenants, or restrictions of
these Terms of Use or our Privacy Policy are invalid, void, or unenforceable,
the remainder of the terms, provisions, covenants, and restrictions shall
remain in full force and effect. Headings used are for reference
and convenience only, and shall not enter into any interpretation.
We reserve the right to make changes to this Site, these Terms of Use,
and/or our Privacy Policy at any time
upon posting such changes to this Site.
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