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WHAT YOU SHOULD KNOW

This web site ('Site') provides you with access to a comprehensive network of real estate products/services and related links (including third party links and software applications) (the "Content") solely for use in your CENTURY 21®-related business activities ("CENTURY 21 Business"). Please read these Terms of Use (the "Terms") carefully before continuing on with your use of this Site. These Terms shall govern your use of the Site and apply to all Internet traffic visiting the Site and use of all Content accessed from the Site. The Terms are meant to protect all of our Site visitors and your access and use of this Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. Century 21 Real Estate LLC ("C21", "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 Site after we have posted such modifications, alterations or updates you agree to be bound by such revised Terms. In accordance with our goals, this Site will permit you to link to many other web sites or applications, that may or may not be affiliated with this Site and/or C21, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. In addition to these Terms, your access to such web sites through links provided on this Site is governed by the terms of use and policies of those sites ("Provider Terms").

 

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Site is controlled and operated by C21, 175 Park Avenue, Madison, NJ 07940, telephone 1 (877) 221-2765. All content on or accessible from this 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 (a) by C21 or its affiliates; or (b) by third party content providers, merchants, sponsors and licensors (collectively all third parties are referred to as "Providers") that have licensed their content or the right to market their products and/or services to C21 and/or to CENTURY 21 system members. Content on this Site or any web site owned, operated, licensed or controlled by the Providers is solely for use in your CENTURY 21 Business. Except as expressly permitted by the Provider Terms applicable to such Linked Site and/or as permitted by C21 in the applicable CENTURY 21® Policy and Procedure Manual or Franchise Agreement, you may not otherwise copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content, Linked Sites (as defined below) or other information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of C21 or the Providers. You may request consent by faxing a request to C21's Legal Department at (973) 407-4666. Without the prior written consent of C21 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 or any Linked Site for any purpose other than CENTURY 21 Business, violates our rights and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Site, you warrant to C21 that you will not use the Site, any Linked Site or any Content 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. If you violate any of these Terms, your permission to use the Site immediately terminates without the necessity of any notice. C21 retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use any trademarks, service marks or copyrighted materials appearing on this Site, any Linked Site or any Content 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 Site without prior written consent of C21.

 

FRANCHISEE/LISTING INFORMATION

You represent that all listing information that you choose to upload to the Site is accurate and true to the best of your knowledge. You agree to indemnify C21 and/or Providers for any inaccuracies or any third party liability that may be associated with your listings or your CENTURY 21 Business. Certain content (including without limitation information about each franchisee, sales associates and their listings) is provided by CENTURY 21 franchisees. That information is based upon information which we consider reliable, but because it may have been supplied by third parties to our franchisees (who in turn supply it to us), we cannot represent that it is accurate or complete, and it should not be relied upon as such. The real estate offerings and information set forth on this Site are subject to errors, omissions, changes, or withdrawal without notice. All dimensions are approximate and have not been verified by the selling party and cannot be verified by us.

 

PROHIBITED ACTIVITIES

You are specifically prohibited from use of this Site, any Linked Site or Content and you agree not to use, or permit others to access and/or use, this Site, any Linked Site or Content, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, 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; (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 Site; (d) upload, post, emailing or otherwise transmitting 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) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, or other automatic or manual device or process to search, monitor or copy Our Site pages, or the Content without Our prior written permission, provided that generally available third party web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.

 

LINKS

This Site may contain links to third-party web sites or software applications (collectively, "Linked Sites"). The Linked Sites (including but not limited to any content available or accessible therefrom) are provided for your convenience and information only and, as such, you access them at your own risk. The content and functionality of any Linked Sites is not under C21's control, and C21 is not responsible for, and does not endorse, such content, whether or not C21 is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your web site by C21, or its affiliates or Providers.

 

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT AND FUNCTIONALITY ON THIS WEB SITE AND/OR THE LINKED SITES 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, C21 DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER C21, 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. C21 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 C21) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER C21, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING FRANCHISEES), NOR THE PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR SALES ASSOCIATES, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION 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. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, C21 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 C21 IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, C21'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless C21, its affiliates and the Providers, and its and their officers, directors, employees, agents, licensors, and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation by you of these Terms, (ii) your and your sales agents' use of any Linked Sites (including but not limited to any content or applications available or accessible therefrom)) and/or (iii) any content furnished by you or your sales agents in your use of this Site or the Linked Sites.

 

THIRD PARTY RIGHTS

These Terms are for the benefit of C21, its affiliates and the Providers, its and their officers, directors, employees, 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 Site is presented solely for your convenience and/or information. This Site is controlled and operated by C21 from its offices within Madison, NJ. C21 makes no representation that Content in its Site is appropriate or available for use in other locations. Those who choose to access this 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 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, without regard to any conflict of laws principles, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or C21 brings to enforce these Terms, or in connection with any matters related to this Site, shall be brought only in either the state or Federal courts located in and for Morris County, New Jersey 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 severable 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 C21, its affiliated or related entities, and you as to the subject matter addressed herein, and supersedes 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 C21.