1. Acceptance of Terms
Any right of Your (User(s)) access to and use of this web site (“Site”) by you (“User”) is subject to your compliance with all of the following terms and conditions (the “Terms and Conditions”) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions herein. Amy Ryan Group may revise these Terms and Conditions at any time by updating this posting. Your right to continued use of this Site is contingent upon your agreement to be bound by any such revisions. You can view the most current version of the Terms and Conditions at any time, without prior notice, by visiting this Web page. Please note that Web sites launched by any affiliates, subsidiaries or divisions of Amy Ryan Group are governed by separate terms and conditions. If you do not agree with the Terms and Conditions, you are prohibited from using or accessing the Site.
2. Description of Services
This Site’s web services (“Services”) provide Users with access to a rich collection of information and data about Amy Ryan Group, some of its affiliates, subsidiaries or divisions. Users are able to receive information on Amy Ryan Group, read feature stories, press releases and access news articles, search the Site to find content that interests them and read about the company. Users will be able to search properties for sale or lease, access MLS data and if authorized use an online portal for the purchase, lease and sale of real estate, including uploading and downloading information, review and execution of transaction documentation. Users can also submit inquiries via email submit a resume in consideration for certain job opportunities and request to be notified when an item of interest becomes available in the press and news section. For example and without limitation: (a) Users may submit information to Amy Ryan Group (including, name, email address and other optional information) in conjunction with a request for information from Amy Ryan Group press and news section of the Site. Amy Ryan Group may keep such information and periodically forward the appropriate information to the User via e-mail; and (b) Users may send an individual request to the person/department listed on the Site and the recipient may send certain information to the User.
4. User Conduct
You may access and use the Site only for your personal use in accordance with all applicable laws and the requirements, procedures, policies and regulations of networks connected to the Services. You may not access, use, or copy any portion of the Site through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices, programs or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Site. Except as expressly authorized by Amy Ryan Group in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or any of its content. In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Site and the Services, you may not or cause or permit any person to do any of the following:
a. use the Site or Services or any of its content for any unlawful purpose;
b. interfere with or disrupt the Services or servers or networks connected to the Services;
c. use the Site to post or transmit any: (i) material that contains any viruses, Trojan horses, worms, time bombs, cancel bots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, (ii) unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind, (iii) information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others, or (iv) advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
d. impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of the Site from using or enjoying it;
e. disclose to, or share with, user name, 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; and
f. 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 the Site.
Links contained in the Site that link to third party external sites are intended for informational purposes only. Amy Ryan Group has no control over such Web sites, makes no representations or warranties, whether expressed or implied, about such Web sites, does not endorse such Web sites and assumes no responsibility for any content or materials on or available from such Web sites or damage resulting there from. You may not establish a link to the Site or provide any links that state or imply any sponsorship or endorsement of your site by Amy Ryan Group.
6. No Resale of Services
You will not duplicate, copy, distribute, sell, resell or exploit any portion of the Services, use of the Services, access to the Services or content of the Site.
7. Modifications to Services
Amy Ryan Group reserves the right to modify, suspend or discontinue all or a portion of the Services with or without notice. You agree that Amy Ryan Group, its affiliates, subsidiaries, employees and agents shall not be liable to you for any modification, suspension or discontinuance of the Services.
8. Termination of Services
Amy Ryan Group reserves the right to terminate your use of the Services or your access to the Site for any reason. Any termination pursuant to this provision may be without prior notice and you agree that Amy Ryan Group shall not be liable to you for such termination.
9. Disclaimer of Warranties
(a) The Site is provided on an “as is” and “as available” basis. Amy Ryan Group expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade and non-infringement.
(b) The information posted at the Site and in emails generated from the Site is given as of the date hereof and Amy Ryan Group assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur.
(c) Amy Ryan Group makes no warranty whatsoever as to the accuracy of the content, without limitation, that (i) the Site or the Services will meet your requirements, (ii) the Site or the Services will be uninterrupted, timely, secure, virus free or error-free, (iii) the results that may be obtained from the use of the Site or the Services will be accurate, reliable or complete, (iv) the quality of the information or materials obtained by you through the Site or the Services will meet your expectations, or (v) any errors in the software will be corrected.
(d) Any material downloaded or otherwise obtained through the use of the Site or the Services is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or receipt of any such material.
(e)(e) Your submission of a resume shall not mean that you are considered an applicant of a job at Amy Ryan Group, its affiliates or subsidiaries, nor shall it be deemed the offer of a job to you; you are not considered an applicant until you have been contacted by an HR representative, filled out an Employment Application and/or begin the employment application process involving an interview or job related testing.
(f) No advice or information, whether oral or written, obtained by you from Amy Ryan Group, the Site or the Services shall expressly create any warranty not expressly stated in the Terms and Conditions.
10. Limitation of Liability
Amy Ryan Group, its managers, officers, employees, agents, affiliates and subsidiaries shall not be liable for any direct, indirect, special, reliance, incidental, consequential or exemplary damages, including, but not limited to, loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as a contract, negligence or tort action, in connection with the use of, or the inability to use, the Site or the Services, and the User hereby waives any such action and releases the aforesaid parties from any such claims. You expressly acknowledge and agree that Amy Ryan Group is not liable or responsible for any defamatory, offensive or illegal or illegal conduct of other users, subscribers or other third parties.
11. Intellectual Property
Amy Ryan Group owns or licenses all right, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, logos, trade names, trademark and service mark rights, patent rights, data base rights, moral rights, sui generis rights and all other intellectual property and proprietary rights. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access using the Site. You agree that you will not take any action which is incompatible with Amy Ryan Group’s intellectual property and proprietary rights. Any such action will grant Amy Ryan Group the immediate right to terminate your access to the Site. The entire content, including look, feel and operation of this Site is protected by United States and worldwide copyright laws and treaty provisions. No license or right to use any trademark contained on this Site is granted, whether by implication or otherwise, and any use of any trademarks, trade names, service marks and logos contained on this Site is expressly prohibited unless authorized in writing by the property owner.
By disclosing or offering any information to Amy Ryan Group, including comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a ‘Submission’), either through your use of the Site or otherwise, you authorize Amy Ryan Group to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Amy Ryan Group an irrevocable, perpetual, non-exclusive, transferable, fully paid, sub-licensable, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing. Except for Submissions made via the Amy Ryan Group Online Transaction Portal, (i) no Submission shall have any legally binding effect in connection with a real estate or mortgage transaction, and (ii) such Submissions shall not constitute and you agree not to make any attempt to enforce them as, an offer, a counteroffer, an application, an approval, an acceptance, a contract, or a modification of any kind or to prove or establish the terms of any transaction. By making a Submission, you represent that you have all requisite rights to and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof. In connection with your Submissions to portions of the Site that allow user-generated content, we may, in our sole discretion, remove any of your Submissions at any time, without notice. You agree to defend and indemnify Amy Ryan Group, its affiliates and agents against any claim, damage and all resulting losses (including reasonable attorneys’ fees), made by any third party arising out of any of your Submissions, or any other content, data, or information that you submit, post to, or transmit through the Site.
You agree to indemnify, defend, and hold harmless Amy Ryan Group, its affiliates, managers, officers, employees, agents, licensors, and consultants from and against all losses, claims, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any breach or violation by you of the Terms and Conditions.
14. Contact Information
Any questions regarding these Terms and Conditions should be directed to: firstname.lastname@example.org
15. General Information
The Terms and Conditions constitute the entire agreement between you and Amy Ryan Group and govern your use of the Site and the Services. The failure of Amy Ryan Group to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the applicable provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. The information presented on the Site is intended for general information only and should not be construed as legal advice, consultation or service, or a professional relationship with Amy Ryan Group. Amy Ryan Group reserves the right to amend or change the Terms and Conditions at any time without prior notice. If any changes are to be made, they will be posted on the Site. If you use the Site after we post changes to the Terms and Conditions, you accept the changed Terms and Conditions.
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