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Terms of UseBy visiting or using MLSTechFair.com or any page
of the MLSTechFair.com website except this page, you
are agreeing to be bound by these terms of use and such
agreement constitutes a binding contract between you and
the Long Island Board of Realtors, Inc., (LIBOR) and the
Multiple Listing Service of Long Island, Inc., (MLSLI)
the owners of MLSTechFair.com. If you do not wish
to be bound by these terms of use, please do not visit
or use any page of the MLSTechFair.com website. 1. INTRODUCTION The MLSTechFair.com website is owned jointly by the Long Island Board of Realtors. Inc. (LIBOR) and the Multiple Listing Service of Long Island, Inc. (MLSLI) both of whom conduct their businesses at 300 Sunrise Highway, West Babylon, New York 11704. This site contains information provided to MLSTechFair.com from a variety of sources including other public websites, quasi public websites, private not-for-profit websites and business-for-profit websites. LIBOR and MLSLI offers you access to the MLSTechFair.com website in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by LIBOR and MLSLI from time-to-time. LIBOR, MLSLI and their website, MLSTechFair.com, refers to these terms, conditions, and notices, whether modified or unmodified, as the “Agreement” or as the “Terms of Use”. LIBOR and MLSLI reserves the right to modify in their sole discretion this Agreement and/or the MLSTechFair.com website without providing notification. You are responsible for regularly reviewing this Agreement. BY VISITING OR USING ANY PART OF THE MLSTechFair.com WEBSITE, EXCEPT FOR THE MLSTechFair.com HOME PAGE AND THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN LIBOR, MLSLI AND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE MLSTechFair.com WEBSITE. ADDITIONAL TERMS MAY GOVERN USE OR CERTAIN WEBSITES OR WEB PAGES WITHIN THE MLSTechFair.com WEBSITE. NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS. These are
calculation tools, not an offer to lend. Interest rates
shown are for demonstration purposes only. Actual market
interest rates may vary. OUTLINE OF TERMS OF USE. For your convenience, MLSTechFair.com here provides a section-by-section outline of the Terms of Use. To go directly to a specific section contained in these Terms of Use, click on the appropriate link below. Please note that this functionality is provided solely for your convenience and in no way absolves you of your duty to comply with each and every section of these Terms of Use. 2. GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE MLSTechFair.com WEBSITE A. Except where we specify otherwise, LIBOR and MLSLI offer you access to the MLSTechFair.com website solely for your personal and non-commercial uses. You promise that you will not use the MLSTechFair.com website, in whole or in part, for any other purpose that is unlawful or prohibited by there Terms of Use or for any purposes other than those that ar personal and non-commercial. You agree that you will not, except for your personal use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the MLSTechFair.com website. This means, among other activities, that 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 the MLSTechFair.com website in any manner which could damage, disable, overburden, or impair the MLSTechFair.com website or interfere with any other party’s use and enjoyment of the MLSTechFair.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MLSTechFair.com website. B. If and when requested by LIBOR or MLSLI you agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of LIBOR and MLSLI, you agree that you will not access or attempt to access password protected, secure or non-public areas of the MLSTechFair.com website. Unauthorized individuals attempting to access prohibited areas of the MLSTechFair.com website may be subject to prosecution. C. The origin of any link to the MLSTechFair.com website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the MLSTechFair.com website home page. For example, prominently positioning the MLSTechFair.com name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the MLSTechFair.com name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between MLSTechFair.com, on the one hand, and you or any other person or entity, on the other hand. You agree that if LIBOR and MLSLI, in their sole and unfettered discretion, requests in writing that you remove any link or links to the MLSTechFair.com website, you will promptly do so. You agree that if you create any link to the MLSTechFair.com website that you will not employ any technology that results in the placement of content from the MLSTechFair.com website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the MLSTechFair.com website from how it would appear if a user typed in the MLSTechFair.com URL to a typical browser line. 3. INFORMATION PROVIDED TO YOU THROUGH THE MLSTechFair.com WEBSITE FROM LIBOR AND MLSLI. The MLSTechFair.com website you are about to enter may contain links to other websites maintained by other organizations both public and private. LIBOR and MLSLI have not made an independent investigation to ascertain whether or not the information contained in said sites is accurate. INFORMATION PROVIDED TO YOU FROM MLSTechFair.com LINKS
TO OTHER SITES. B. Neither LIBOR, MLSLI nor MLSTechFair.com have any business relationship with any of the firms selling services or products through links to their websites other than the fact that LIBOR or MLSLI may receive a small commission if you purchase such products or services. It is incumbent upon you to investigate fully the products, services, and the companies offering the same as neither this site nor its owners has done so. Such websites may have terms and conditions of use which vary from the terms of use for MLSTechFair.com. In the event that the terms of such website are in conflict with these terms then in so far as the relationship between you and MLSLI, LIBOR and MLSTechFair.com is concerned the terms of use set forth herein shall prevail. 5. DISCLAIMER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO MLSTechFair.com CONTENT AND AFFILIATE CONTENT, PROVIDED BY LIBOR AND MLSLI THROUGH THE MLSTechFair.com WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIBOR, MLSLI OR MLSTechFair.com MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. LIBOR, MLSLI AND MLSTechFair.com EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MLSTechFair.com SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MLSTechFair.com WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 6. TO MLSTechFair.com In order for you to participate in certain services that LIBOR and/or MLSLI provide through the MLSTechFair.com website, LIBOR and MLSLI will require that you provide specific information about yourself (the “MLSTechFair.com Solicited Information”). If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. LIBOR and MLSLI is committed to maintaining the privacy and security of any and all such information that you provide to them through the MLSTechFair.com website. To that end, LIBOR and MLSLI urges you to review the MLSTechFair.com Privacy Policy which may be accessed by clicking on the following link: MLSTechFair.com Privacy Policy. SERVICES PROVIDED THROUGH THE MLSTechFair.com WEBSITE 7. Non-Commercial Services MLSTechFair.com provides through the MLSTechFair.com website a number of venues in which interactive services (“Interactive Services”), such as online calculators, planning tools, and checklists, are offered to you. Such services are offered by MLSTechFair.com for the sole purpose of disseminating information for the public’s benefit. MLSTechFair.com cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service. THE INFORMATION CONTAINED IN AND PROVIDED THROUGH MLSTechFair.com INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. MLSTechFair.com MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACITY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OR THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. MLSTechFair.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. MLSTechFair.com SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT IF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL MLSTechFair.com BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER FOR SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE. 8. Third-Party Services. A number of commercial services, such as shopping and contractor
services, may be offered by third parties through the MLSTechFair.com
website. You acknowledge that by permitting such services
to be offered through the MLSTechFair.com websites, MLSTechFair.com
is acting as a passive conduit for the transmission to such
third parties of any information related to such services that
you submit to MLSTechFair.com. In order for MLSTechFair.com
to distribute your information and facilitate contacts between
you and such third parties, you hereby grant MLSTechFair.com
permission to disclose any and all of the information that
you provide to MLSTechFair.com to any such third party that
MLSTechFair.com, in its sole discretion, deems relevant and
appropriate. MLSTechFair.com is not and will not be responsible for (i)
the terms and conditions of any transaction between you and
any third party, (ii) any insufficiency of or problems with
any such third party’s background, insurance, credit
or licensing, or (iii) the quality of services performed by
any such third party or any other legal liability arising out
of or related to the performance of such services. In
the event that you have a dispute with any such third party,
you release LIBOR/MLSLI and MLSTechFair.com (and its affiliates,
agents and employees) from any and all claims, demands and
damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such
disputes. GENERAL TERMS. This Agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New York, County of Suffolk and/or Eastern District of New York in all disputes arising out of or relating to the use of the MLSTechFair.com websites. Use of the MLSTechFair.com websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you LIBOR, MLSLI and MLSTechFair.com as a result of this Agreement, or the use of the MLSTechFair.com website. MLSTechFair.com’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of MLSTechFair.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MLSTechFair.com website or information provided to or gathered by MLSTechFair.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and LIBOR, MLSLI and MLSTechFair.com with respect to the MLSTechFair.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you LIBOR, MLSLI and MLSTechFair.com with respect to the MLSTechFair.com website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MLSTechFair.com, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. IN NO EVENT SHALL LIBOR, MLSLI, OR MLSTechFair.com AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MLSTechFair.com WEBSITES, WITH THE DELAY OR INABILITY TO USE THE MLSTechFair.com WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MLSTechFair.com WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE MLSTechFair.com WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIBOR, MLSLI AND/OR MLSTechFair.com OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MLSTechFair.com WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MLSTechFair.com WEBSITES. You agree to indemnify, defend and hold harmless LIBOR, MLSLI, MLSTechFair.com, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your violation of this Agreement. All materials on the MLSTechFair.com websites (as well as the organization and layout of the MLSTechFair.com websites) are owned and copyrighted or licensed by MLSTechFair.com, its affiliates or its suppliers and licensors. (c) 1999, 2000 Copyright Multiple Listing Service of Long Island, Inc. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the MLSTechFair.com websites is permitted without the written permission of MLSTechFair.com. Any rights not expressly granted herein are reserved. Pursuant to Title 17, United State code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Goldson, Nolan, Connolly, Nasis & Dornfeld
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