||(What You Agree To When Using This Web Site)
Last Update: January 18, 2005
Welcome to the www.TrebachRealty.com Web site (referred to herein as the “Site”), which is owned by Trebach Realty, Inc. These are the terms and conditions (“Terms and Conditions”) for use of the Site. These Terms and Conditions apply whenever you access the Site, on whatever device. By accessing, browsing or using the Site or any of its associated pages, screens or channels, including any equivalent, mirror, replacement, substitute or backup Web sites, you signify, without limitation or qualification, your acceptance of these Terms and Conditions, which take effect as of the date of first use. If you do not agree to these Terms and Conditions, then please do not use the Site.
Throughout this document, the terms “we” and “our” refer to Trebach Realty, Inc., and the terms “you” and “your’ refer to you, the user.
We hope that you enjoy using the Site, and we welcome suggestions for improvements.
Although we try to ensure that the information contained on the Site is accurate, Trebach Realty, Inc. cannot and does not guarantee its accuracy, and we reserve the right to change such information (including these Terms and Conditions), in whole or in part, at any time without notice. Please make certain that you review these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. Your continued use of the Site after such updates are posted constitutes your acceptance of these Terms and Conditions, as amended.
Trebach Realty, Inc. provides the Site on an “as is,” “as available,” and “believed accurate” basis and makes no representations or warranties of any kind with respect to the Site or the material contained on it (including any text, graphics, maps, floor plans, pictures, video clips, audio clips, advertisements, links or other item) and disclaims all such representations and warranties. In addition, neither Trebach Realty, Inc. nor any other contributor to the Site makes any representation or gives any warranty, condition, undertaking or term, whether express or implied, as to the condition, quality, functionality, performance, accuracy, completeness, suitability, or fitness for a particular purpose of the material contained on the Site, or that such material will be accurate, up-to-date, uninterrupted or error-free.
All information furnished regarding property sales, rentals or financing is from sources deemed reliable. No express representation can be made, nor is any representation to be implied, as to the accuracy thereof, and all information is submitted subject to errors, omissions, change of price, rental, or other conditions, prior sale, lease or financing, or withdrawal, without notice or obligation. The sale of property may result in an increase in real-estate taxes or in the imposition of transfer taxes. Projections, if any, as to the rate of inflation, real-estate taxes, operating expenses, and other variables are necessarily estimates only. No warranties or representations can be made as to the condition of a property or any hazards contained therein, nor are any to be implied.
The geography depicted in maps on the Site is not necessarily drawn to scale and may have been modified to show locations and neighborhoods more clearly.
Photographic and video imagery on the Site may have been digitally manipulated by dodging, burning, spotting, color balancing, contrast adjustment and other methods to achieve maximum legibility on the given medium and to ensure the best possible presentation. Such alteration may include deleting stray objects and erasing building and license plate numbers for privacy reasons.
Nothing on the Site shall be regarded or taken as financial, legal, tax, accounting, architectural, or engineering advice. The information contained on the Site is not an invitation to invest in shares of Trebach Realty, Inc. and may not be relied upon in connection with any investment decision.
All prices, rents, taxes and fees are denominated in United States dollars (unless otherwise indicated).
2. Limitation of Liability; Indemnification.
You acknowledge that you are solely responsible for the use to which you put the Site and all the results and information you obtain from it and that all warranties, conditions, undertakings, representations and terms, whether expressed or implied, statutory or otherwise, are hereby excluded to the fullest extent permitted by law.
We hereby disclaim, to the fullest extent permitted by law, all liability for any direct or indirect losses or damages incurred by you or anyone else, arising out of your access to, or use of, the Site or any of the information provided on it.
This limitation of liability applies to all losses and damages of any kind whatsoever (whether general, special, consequential, incidental, punitive, exemplary or otherwise, including loss of income, profits, revenue, goodwill or data), whether arising in contract, negligence or other tort theory, even if we have been advised of or should have known of the possibility of such losses or damages.
If, despite the provisions of these Terms and Conditions, a court of competent jurisdiction deems us liable to you (or to anyone claiming by or through you) in contract, tort (including negligence) or otherwise in relation to the Site, our entire liability shall not exceed One Hundred Dollars (US $100).
You agree, at your own expense, to defend, indemnify and hold harmless Trebach Realty, Inc., its parents, subsidiaries, affiliates, successors and assigns together with their respective officers, directors, employees, representatives, shareholders, staff, agents, brokers, salespersons and any associated independent contractors, from and against all liabilities, claims, actions, demands, losses, expenses, damages or costs, including, without limitation, reasonable legal and accounting fees, resulting from or related to your breach or alleged breach of these Terms and Conditions or applicable laws (including those relating to intellectual property) or arising out of your use of the Site.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense. You acknowledge and agree to pay our reasonable legal and accounting fees incurred in connection with any and all lawsuits brought against you by us under these Terms and Conditions, including, without limitation, lawsuits arising from your failure to indemnify us pursuant to the Terms and Conditions.
All content on the Site, including sales and rental listings, text, graphics, maps, logos, images, illustrations, audio clips, video clips, digital downloads, and data compilations, is the property of Trebach Realty, Inc. or its third-party content suppliers and licensors and is protected by copyright laws in the United States and other jurisdictions. Trebach Realty, Inc.’s copyright also extends to the selection, arrangement, presentation and enhancement of all the materials on the Site (including information in the public domain), and the overall design of the Site (sometimes known as the “look and feel”).
The names, logos, images, designs and illustrations identifying Trebach Realty, Inc. and www.TrebachRealty.com are trademarks, service marks or registered trademarks of Trebach Realty, Inc. They may not be used in conjunction with any product or service which is not offered by Trebach Realty, Inc., is likely to cause confusion among customers, or in any manner that disparages or discredits Trebach Realty, Inc. Any other trademarks not owned by Trebach Realty, Inc. that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Trebach Realty, Inc.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party.
5. Protection and Enforcement of Proprietary Rights.
You acknowledge that Trebach Realty, Inc. has created, compiled, prepared, selected and arranged the Site by the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money. The Site constitutes valuable intellectual property and trade information. You agree to comply with all reasonable written requests made by Trebach Realty, Inc. to protect its contractual, statutory and common-law rights in the Site.
Trebach Realty, Inc. will aggressively enforce its proprietary rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. Scope of Use.
The Site and its content, including the rental and sales listings on it (the “Listings”), are solely intended to assist individual customers and real-estate brokers in contacting Trebach Realty, Inc. and its agents concerning Listings and other services of Trebach Realty, Inc. You may not, nor may you assist any third party to, contact a Listing’s owner directly. You may not, nor may you assist any third party to, sell, copy, distribute, license, transfer, publish, display, transmit, download, store, post, enter into a database or in any other way exploit the content, including the Listings, in whole or in part. No person, including without limitation any real-estate broker or real-estate professional, may market or make commercial use of our Listings or content in any way, including without limitation, advertising our Listings, copying our Listings for commercial use or use on other Web sites or in marketing materials, or contacting directly our customers or Listings’ owners. Any real-estate broker who uses an individual Listing for its customers must first enter into a Co-Brokerage Agreement or Referral Agreement with us. No one may use any content or Listing in violation of the rules of the New York State Department of State, the New York State Department of Banking, or any other federal, state, or local law or regulation. Any such improper action is expressly prohibited by law, and may result in civil or criminal penalties. Violators will be prosecuted to the full extent of the law.
You may not use any of our trademarks to attract, misdirect, or lure viewers to another Web site. You are expressly prohibited from embedding our trademarks into the domain names, meta tags, site titles or wallpapers of other Web sites.
7. Site Security, Cracking and Hacking.
You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log onto a server or account that you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system (or network) or to breach security (or authentication) measures without proper written authorization; or (iv) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. Trebach Realty, Inc. reserves the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when sent over the Internet.
8. Not Intended for Children.
The Site is not intended for use by minors.
9. Third-Party Rights.
These Terms and Conditions are for the sole benefit of Trebach Realty, Inc., its officers, directors, employees, affiliates, staff, agents, brokers, salespersons, as well as any associated independent contractors. Each of these entities or individuals shall have the right to assert and enforce these Terms and Conditions directly against you on its (or their own) behalf. No other person, including any user of the Site, shall have the right to assert a claim under these Terms and Conditions.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver or relinquishment of our right to enforce any such provision.
Trebach Realty, Inc. may assign its rights and duties under these Terms and Conditions to any party, at any time, without notice to you.
10. Violations of Terms and Conditions.
Trebach Realty, Inc. reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site. You agree that in the event the damages from your violation of these Terms and Conditions are difficult to determine, Trebach Realty, Inc. shall be entitled to Twenty Thousand Dollars (US $20,000) as liquidated damages for each violation of these Terms and Conditions, in addition to the right to block your access to the Site and to seek injunctive relief. You waive any requirement for the posting of a bond or other security if Trebach Realty, Inc. seeks a preliminary or permanent injunction.
11. Force Majeure / Interruptions and Omissions In This Service.
While we take every care to ensure that the standard of the Site remains high and to maintain the continuity of it, the Internet is not always a stable medium and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the Site (or any particular part of it).
12. Virus Protection.
We intend to take reasonable steps to prevent the introduction of computer viruses, worms, Trojan horses or anything else that has illicit, malicious, contaminating or destructive properties. However, we do not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain destructive features or other computer-programming routines that are meant to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We are not liable for any loss, disruption, damage or harm attributable to such features or routines. If you rely on the Site or any materials available through the Site, you do so solely at your own risk.
13. Unenforceability; Severability of Provisions.
The provisions of these Terms and Conditions are intended to be severable. If any provision of these Terms and Conditions is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision.
14. Links to the Site.
You are granted a limited, non-exclusive right to create a hyperlink to the Site, provided such link does not portray Trebach Realty, Inc. in a false, misleading, derogatory or otherwise defamatory manner. A Web site that links to our Site must not contain content that could be construed as distasteful, offensive or controversial, and must contain only content that is appropriate for all age groups. You may not use a Trebach Realty, Inc. logo or other proprietary graphic or trademark of Trebach Realty, Inc. to link to the Site unless you have our express written permission in advance . This limited right may be revoked at any time. You may not “frame” or “mirror” any aspect of the Site. You may not “deep-link” to the Site, meaning that you will not create, post, display, publish or distribute any link to any page of the Site other than the front (home) page.
15. Links to Third-Party Web Sites or Resources.
The Site may contain links or pointers to third-party Web sites or resources over which Trebach Realty, Inc. has no control. We provide these links for purposes of information and convenience only. Trebach Realty, Inc. assumes no responsibility for the content of third-party Web sites or for any losses which may arise out of the use of a third-party Web site. The presence of a link to a third party does not necessarily mean that Trebach Realty, Inc. endorses that Web site or has any association with the proprietor of that Web site.
16. Governing Law; Jurisdictional Issues.
These Terms and Conditions will be governed by, and construed in accordance with, the law of the State of New York, applicable to contracts entered into and performed exclusively in that state, without regard to conflict-of-law principles, irrespective of your place of residence or your actual location. These Terms and Conditions will not be governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any legal action, dispute or proceeding arising out of, or relating to, these Terms and Conditions will be litigated in, and only in, the appropriate state or federal courts located in New York City in the State of New York, and you agree to submit to the personal and exclusive jurisdiction of those courts and further agree that they are a convenient forum for you. You also consent to extraterritorial service of process.
You hereby waive the right to a trial by jury in any action arising out of, or relating to, these Terms and Conditions or your use of the Site.
We make no representation or warranty that the Site is appropriate or available for use at any locations outside the State of New York. If you access the Site outside the State of New York, you do so at your own risk and are responsible for complying with local laws and regulations.
Any legal claim or cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
A printed version of these Terms and Conditions will be admissible in judicial or administrative proceedings.
17. License; Domicile.
Trebach Realty, Inc. is duly licensed as a Real Estate Broker through the Division of Licensing Services of the New York Department of State pursuant to Article 12A of the New York State Real Property Law.
Trebach Realty, Inc. is a domiciliary of, and has its principal place of business in, the State of New York.
18. Entire Agreement / Integration Clause.
These Terms and Conditions set forth the entire understanding and agreement between you and Trebach Realty, Inc. with respect to the Site. You acknowledge that any other agreements between you and Trebach Realty, Inc. with respect to the Site are superseded and of no force or effect.
19. Section Headings.
The section titles in this document are for convenience only and shall not in any way affect the meaning or interpretation of any provision of these Terms and Conditions.
There are currently no additional provisions.