Terms and Conditions
Disclosure:
340MadisonAvenue.com is owned and operated by Westchester HarborView
Realty Corporation ("Site", "Company or “Publisher”), a New York State
corporation. Any and all rights and references granted or made to
340MadisonAvenue.com with respect to this agreement shall also apply
to and include WHVRC). 340MadisonAvenue.com offers various products,
services and information ("Materials" or "Services") via this web
site. Please review the following terms and conditions that govern
your use of the Site. Please be advised that your use of this web site
constitutes your agreement to follow and be bound by the following
Terms and Conditions.
Privacy Policy: All information
gathered by us from you in connection with your use of our Site will
be governed by our Privacy Policy, as posted on our Site. We do not
control the privacy policies of those sites to which we link and,
therefore, we encourage you to review the privacy policies of those
sites. Our use of any personally identifying information you
provide to us as part of the registration process is governed by the
terms of our Privacy Policy.
Acceptance of
Terms and Conditions of Use:
The 340MadisonAvenue.com web site may be changed by the Publisher
with or without notice. Please review this link on a regular basis for
changes. Continued use of this web site following any change
constitutes your acceptance of the change.
License and Proprietary Rights:
We grant you a limited license to make
personal use only of our Site. Such grant does not include, without
limitation: (a) any commercial use of the Site or content therein; (b)
derivative uses of our Site and its contents; (c) use of any data
mining, robots or similar data gathering and extraction methods or (d)
reproduction, copying or redistribution for commercial purposes of any
materials or design elements of our Site. Except as noted above, you
are not conveyed any right or license by implication, estoppel or
otherwise in or under any patent, trademark, copyright or proprietary
right of our Company or any third party. Use of the content or
materials for any purpose not expressly permitted in these Terms is
prohibited. We reserve the right, without notice and in our sole
discretion, to terminate your license to use our Site and to block or
prevent your future access to and use of our Site.
Third-Party
Web Sites:
Our
Site may provide links to third-party Web sites or resources. These
other sites are not under our control. You acknowledge and agree that
we are not responsible or liable for the availability, accuracy,
legality, decency or any other aspect of the content of such site or
resources. The inclusion of such a link does not constitute an
endorsement by or imply an affiliation with our 340MadisonAvenue.com. You further
acknowledge and agree that we are not responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods
or services available on or through any such site or resource. In
addition, because such sites or resources are not governed by our
Terms, 340MadisonAvenue.com encourages you to exercise
discretion while browsing the Internet and the Web Site. If you decide
to access linked third-party web sites, you do so at your own risk.
Disclaimers of Warranties:
YOU AGREE THAT TO
THE EXTENT PERMITTED BY LAW:
(a) OUR SITE, AND ITS CONTENTS AND SERVICES PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE MAKE NO WARRANTY THAT (i) THE FUNCTION OF AND SERVICES PROVIDED ON OUR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE (ii) DEFECTS WILL BE CORRECTED OR (iii) OUR SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) WE MAKE NO WARRANTY REGARDING THE ACCURACY, INTEGRITY, QUALITY, COMPLETENESS, RELIABILTY OF THE CONTENT OR RESULTS OF THE SERVICES IN OUR SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT OR RESULTS WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. WE DO NOT NECESSARILY ENDORSE THE OPINIONS, IF ANY, SET FORTH IN THE CONTENT ON OUR SITE. IT MAY BE ADVISABLE TO ALSO SEEK PROFESSIONAL ADVICE AND OPINIONS, AS APPROPRIATE.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
User Submissions: You are solely responsible for the form and accuracy of any content or other communications you upload, post or send to or through the Site. 340MadisonAvenue.com is under no obligation to upload, post or send any material you submit for such purpose or any purpose, and may remove any such material at any time at 340MadisonAvenue.com’s sole discretion. No compensation will be paid to you with respect to any content or communication that you submit to the Site. 340MadisonAvenue.com acts as a passive venue for the online display, transmission and distribution of user-submitted content and communications and has no obligation to and takes no responsibility for screening, monitoring or reviewing any such materials. 340MadisonAvenue.com does not vouch for or guarantee the truthfulness, accuracy, or reliability of any user-submitted content or communications. User acknowledges that any reliance you place on such material will be at your own risk.
FloridaOfficeBuildings.com reserves the right to review, edit, remove, or
take any other action with respect to user-submitted content and
communications that it deems necessary or appropriate in its sole
discretion.340MadisonAvenue.com has no liability or responsibility
to users for performance or nonperformance of any such
actions.340MadisonAvenue.com also reserves the right to expel users or
members and prevent their further access to the Site for violating
either the letter or the spirit of these Terms and Conditions or
violating any applicable law or regulation. By submitting content to
any public or non-public area of the Site, you grant
340MadisonAvenue.com and its affiliates a royalty-free, perpetual,
irrevocable, sub-license (through multiple tiers), non-exclusive,
worldwide right (including any moral rights) and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, publicly perform and
publicly display (in whole or in part), and/or to incorporate such
content in other works in any form, media, or technology now known or
later developed, for the full term of any rights that may now or ever
exist in such content. You also warrant that the holder of any rights,
including moral rights in such content, has completely and effectively
waived all such rights and validly and irrevocably granted to you the
right to grant the license referred to above. You also hereby grant to
any user of the Site the right and authority to access, display, view,
store and reproduce such content for personal, noncommercial use.
Subject to the foregoing, the owner of such content placed on the Site
retains any and all rights that may exist in such content.
Termination: 340MadisonAvenue.com reserves the right, at its sole discretion, to
pursue all of its legal remedies, including but not limited to
deletion of your postings from this Site and immediate termination of
your registration with or ability to access the Site and/or any other
service provided to you by the 340MadisonAvenue.com, upon any breach
by you of these Terms and Conditions or if 340MadisonAvenue.com is
unable to verify or authenticate any information you submit to the
Site.
User Registration and Password: You are responsible for
maintaining the confidentiality of any password you may receive. You
are responsible for all uses of your password, whether or not
authorized by you. You agree to notify the 340MadisonAvenue.com
immediately of any unauthorized use of your password.
Prohibited Uses of the Site:
You agree to use
the Site only to upload, post, send and receive content that is legal
and proper and related to the purpose of the Site. By way of example,
and not as a limitation, you agree that when using the Site, you will
not: Upload, post, send or receive any content, or otherwise use the
Site, in violation of any applicable law or regulation. Upload, post,
send or receive any content, or otherwise use the Site in a manner
that will infringe the copyright, trademark, trade secret or other
intellectual property rights of others, or violate the privacy,
publicity or other personal rights of others. Upload, post, send, or
receive any content or information that is defamatory, obscene,
indecent, sexually explicit, threatening, abusive, hateful, harassing
or embarrassing to another user or to any other person or entity.
Upload, post or send any incomplete, false, inaccurate or misleading
information. Upload, post or send any franchise, pyramid scheme, "club
membership," distributorship or sales representative agency
arrangement or other business opportunity that requires an up-front or
periodic payment, pays commissions only (no significant salary),
requires recruitment of other members, sub-distributors or sub-agents.
Impersonate another person, firm or corporation. Send unsolicited
e-mail, including promotions and/or advertising of products or
services. Delete or revise any material uploaded or posted by any
other person or entity. Attempt to interfere with service to any user,
host or network, including, without limitation, by means of uploading,
posting or sending any viruses, Trojan horses, worms, time bombs, or
other computer programming routines or engines that are intended to
damage, interfere with, surreptitiously intercept or expropriate any
system, data or information, including by overloading,"mailbombing"
"flooding," "crashing” or "spamming," it. Use any device, software or
routine to interfere or attempt to interfere with the proper working
of the Site or any activity being conducted on the Site. Take any
action that imposes an unreasonable or disproportionately large load
on the Site's infrastructure. If you have a password that allows
access to any non-public area of the Site, disclose to or share your
password with any third party or use your password for any
unauthorized purpose. Use or attempt to use any engine, software,
tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots or intelligent agents) to navigate or search
the Site other than the search engine and search agents available from
340MadisonAvenue.com on the Site and other than generally available
third-party web browsers, such as Netscape Navigator, Microsoft
Explorer and Mozilla Firefox). “Data mine”, attempt to decipher,
decompile, disassemble or reverse engineer any of the software
comprising, or in any way making up, any part of the Site. Access any
content not intended for your use or log into a server or account that
you are not authorized to access. Attempt to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization. Actions that
contravene these prohibitions or that otherwise compromise the
security of the Site or 340MadisonAvenue.com’s system or network may
result in civil or criminal liability.
340MadisonAvenue.com will investigate suspected compromises of its security, and may take any action it deems necessary or appropriate in response to any contravention of these prohibitions or in response to security compromises, and may cooperate with law enforcement authorities in prosecuting users who are involved in such compromises and/or violations.
Limitation of Liability: To the extent permitted by law, in no event shall we be liable for any direct, indirect, consequential, incidental, special, exemplary or any other damages of any kind arising out of or in any way connected with the use of our Site or the content or materials contained in or accessed through our Site or any other linked site, even if we are advised of the possibility of such damages. Your sole remedy is to discontinue your use of our Site.
Indemnity:
You agree to
indemnify and hold harmless 340MadisonAvenue.com and its affiliates,
officers, directors, agents, co-branders or other partners, employees
and contractors from all liabilities, claims, demands and expenses,
including attorney's fees, arising from your use or misuse of our
Site, your violation of the Terms or your violation of any rights of
another.
General Information: These Terms constitute the entire
agreement between you and us and govern your use of our Site,
superseding any prior agreements between you and us. You also may be
subject to additional terms and conditions that may apply when you use
affiliate services, third- party content or third-party software.
These Terms and the relationship between you and us will be governed
by the laws of the State of New York without regard to its conflict of
law provisions.
The parties agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Westchester, New York. Our
failure to exercise or enforce any right or provision of these Terms
will not constitute a waiver of such right or provision. If any
provision of these Terms is found invalid or unenforceable, that
provision will be enforced to the maximum extent possible and the
remaining provisions of these Terms will remain in full force and
effect.
Copyright and Trademark Notice: All content and information found on this Site is a copyright of 340MadisonAvenue.com.
If you have any questions regarding the Terms and Conditions for this web site, please contact the web site administrator.