Welcome to a CENTURY 21 Access America web site (the "Web Site"). The goal of
this Web Site is to provide you with access to the most comprehensive network of
residential real estate products/services and related links to meet your needs
(the “Content”). Please read our Terms of Use (the "Terms") carefully before
continuing on with your use of this Web Site. These Terms shall govern the use
of the Web Site and apply to all Internet traffic visiting the Web Site. By
accessing or using this Web Site, you agree to the Terms. The Terms are meant to
protect all of our Web Site visitors and your use of this Web Site signifies
your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS,
DO NOT USE THIS WEB SITE.
CENTURY 21 Access America LLC (“We”, “Us”, “Our”) reserves the right,
in its sole discretion, to modify, alter or otherwise update these Terms at any
time. Such modifications shall be effective immediately upon posting. By using
this Web Site after we have posted notice of such modifications, alterations or
updates you agree to be bound by such revised Terms.
This Web Site may permit you to link to other web sites,
that may or may not be affiliated with this Web Site and/or CENTURY 21
Access America LLC , and that may have terms of use that differ from,
or contain terms in addition to, the terms specified here. Your access to such
web sites through links provided on this Web Site is governed by the terms of
use and policies of those sites, not this Web Site.
PRIVACY
Registration data and certain other information about you is
subject to our
Privacy Policy . For more information, please review our full Privacy
Policy.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by CENTURY
21 Access America LLC , 27 Strawberry Hill, Stamford, CT. All content
on this Web Site, including, but not limited to text, images, illustrations,
audio clips, and video clips, is protected by copyrights, trademarks, service
marks, and/or other intellectual property rights (which are governed by U.S. and
worldwide copyright laws and treaty provisions, privacy and publicity laws, and
communication regulations and statutes), and are owned and controlled by
CENTURY 21 Access America LLC or its affiliates, or by third party
content providers, merchants, sponsors and licensors (collectively "Providers")
that have licensed their content or the right to market their products and/or
services to CENTURY 21 Access America LLC . 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. You may print a copy of the
Content and/or information contained herein for your personal, non-commercial
use only, but you may not copy, reproduce, republish, upload, post, transmit,
distribute, and/or exploit the Content or information in any way (including by
e-mail or other electronic means) for commercial use without the prior written
consent of CENTURY 21 Access America LLC or the Providers.
Without the prior written consent of CENTURY 21 Access America LLC
or the Providers, 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, violates the rights of
the owners of CENTURY 21 Access America LLC and/or the Provider
copyrights, trademarks or service marks and other proprietary rights, and is
prohibited. As a condition to your use of this Web Site, you warrant to
CENTURY 21 Access America LLC that you will not use our 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, nor in
violation of the Acceptable Use Policy of the Web Site hosting service provider,
which can be accessed at
http://www.appliedi.net/company-information/aup.html. If you violate any of
these Terms, your permission to use our Web Site immediately terminates without
the necessity of any notice. CENTURY 21 Access America LLC
retains the right to deny access to anyone at its discretion for any reason,
including for violation of these Terms. You may not use on your web site any
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 or
otherwise incorporate into another web site any of the Content or other
materials on this Web Site without prior written consent of CENTURY 21
Access America LLC.
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, to: (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 or share the assigned
confirmation numbers and/or passwords with any unauthorized third parties or use
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, email or otherwise transmit 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) violate any applicable local,
state, national or international law, including, but not limited to, any
regulations having the force of law; or (f) use 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 permission.
LINKS
This Web Site may contain links to other web sites ("Linked
Sites"). The Linked Sites are provided for your convenience and information only
and, as such, you access them at your own risk. The content of any Linked Sites
is not under CENTURY 21 Access America LLC 's control, and
CENTURY 21 Access America LLC is not responsible for, and does
not endorse, such content, whether or not CENTURY 21 Access America LLC
is affiliated with the owners of such Linked Sites. 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 CENTURY 21 Access
America LLC , or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
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, CENTURY 21 ACCESS
AMERICA LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. NEITHER CENTURY 21 ACCESS AMERICA LLC
, ITS 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.
CENTURY 21 ACCESS AMERICA LLC DOES 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 OR CURRENCY OF ANY INFORMATION
CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB
SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR
SOLE RISK. YOU (AND NOT CENTURY 21 ACCESS AMERICA LLC ) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM.
YOU EXPRESSLY AGREE THAT NEITHER CENTURY 21 ACCESS AMERICA LLC
, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS AND ITS WEB
HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION,
PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS WEB SITE, IS
RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE
(WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY
OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM
THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE (INCLUDING,
WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE). BY
WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
CENTURY 21 ACCESS AMERICA LLC 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 DATA,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT CENTURY 21 ACCESS AMERICA LLC
IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. IN SUCH JURISDICTIONS, CENTURY 21 ACCESS AMERICA LLC
'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
CENTURY 21 Access America LLC , the Providers, and Web Site hosting
service providers, and its and their officers, directors, employees, affiliates,
agents, licensors, and suppliers from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation by
you of these Terms
THIRD PARTY RIGHTS
These Terms are for the benefit of CENTURY 21 Access
America LLC , its Providers, and Web Site hosting service providers,
and its 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.
JURISDICTIONAL ISSUES
Unless otherwise specified, the Content contained in this
Web Site is presented solely for your convenience and/or information. This Web
Site is controlled and operated by CENTURY 21 Access America LLC
from its offices within Stamford, CT. CENTURY 21 Access America
LLC makes no representation that Content in its Web Site is appropriate
or available for use in other locations. Those who choose to access this Web
Site from other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable. You
may not use or export the materials in this Web Site in violation of U.S. export
laws and regulations. These Terms shall be governed by, construed and enforced
in accordance with the laws of the State of New Jersey, as they are applied to
agreements entered into and to be performed entirely within such State. Any
action you, any third party or CENTURY 21 Access America LLC
brings to enforce these Terms, or in connection with any matters related to this
Web Site, shall be brought only in either the state or Federal courts located in
and for Fairfield County, Connecticut and you expressly consent to the
jurisdiction of said courts. If any provision of these Terms shall be unlawful,
void or for any reason unenforceable, then that provision shall be deemed sever
able from these Terms and shall not affect the validity and enforceability of
any remaining provisions.
ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each
obligation referenced herein, represent the entire Agreement between
CENTURY 21 Access America LLC , its 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 and any
future published terms of use or understanding, the last published Terms or
terms of use or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY CENTURY 21
ACCESS AMERICA LLC .
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