THE FOLLOWING TERMS & CONDITIONS GOVEN THE USE OF THIS SITE.
Definitions. ” MCAR” shall mean the MONTEREY COUNTY ASSOCIATION OF REALTORS®, its employees, officers, directors, and all other persons or entities affiliated with MCAR responsible for creating, maintaining, and publishing this Site. “Content” shall mean all materials, information and images contained on the Site, including but not limited to, trademarks, copyrightable materials, advertisements, data, text, graphics, files, photos, software and video. “Site” shall mean the Internet site located at the URL address http://www.MCAR.com. “User” shall mean any person or entity that accesses or uses the Site in any manner.
Limited License for Personal and Non-Commercial Use Only; Printing of Site Content. Users of this Site are granted a limited, nonexclusive license to use the Site and it’s Content for personal and non-commercial use only. Users may print articles, news stories, press releases, FAQs and other reading materials (“Documents”) from this Site for the User’s personal, non-commercial use only, provided that such Documents are not modified or revised in any manner. Except as permitted herein, Content may not be reproduced, sold, licensed, transferred, modified, distributed, transmitted, used to create derivative works from, published, displayed, or otherwise used or exploited for any purpose without the express written permission of MCAR Users agree not to use this Site or the Content for any illegal or prohibited purpose, or in any manner that could damage, disable, overburden or impair the Site, Content or any of MCAR’s servers, or interfere with any other party’s use of the Site or Content.
Users agree that they shall not attempt to gain any unauthorized access to the Site or Content, through password mining, hacking or any other means, or harvest or otherwise collect information about others, including e-mail addresses. Users agree that they will not attempt to obtain any Content not intentionally made available to them at this Site. Users shall not upload any files that contain Trojan horses, viruses, cancelbots, corrupted files, worms, or other programs or software that may damage or interrupt the websites, computers or software of MCAR or others.
Linking to or Framing this Site. Users may not create links to or frame the Site for any purpose without the express written consent of MCAR.
Advertisers. Advertisement banners and other forms of advertising exist on the Site. However, MCAR is not responsible for the claims or representations made by any advertiser on the Site nor is MCAR responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by MCAR in any respect unless expressly indicated otherwise.
Accuracy and Updating of Site Content. MCAR takes reasonable steps to maintain the accuracy and update the Content on the Site. However, MCAR does not make any representations or warranties regarding the accuracy of the Content, nor does MCAR make any commitment to update the Content. MCAR reserves the right in its sole discretion to add, remove or otherwise modify the Content and the Site at any time without notice.
Forum or Blogs; Responsibility for Submissions; MCAR’s Right to Remove Submissions. From time to time a discussion forum, bulletin board, blog, chat area, news group, community, or other feature designed so that Users may upload data and images or communicate with others (“Forum”) may be made available to Users on this Site. MCAR, in its sole discretion, reserves the right to review, control or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted in any Forum (“Submissions”) as well as the right to refuse to post any such Submission.
MCAR does not guarantee that it will review every Submission, nor does MCAR guarantee the accuracy, legality or reliability of any Submissions, and under no circumstances will MCAR be responsible or liable for Submissions, and Users are advised to investigate and evaluate Submissions prior to relying on any of them. Users understand that Submissions may be accessible to and viewed by the general public, therefore Users should exercise caution before including any personally identifiable information in a Submission.
Users represent and warrant that they have the legal right and/or have obtained all licenses and permissions necessary to post the Submission, and that the Submission will not violate any law or infringe on the rights of any third party, including but not limited to copyright, trademark, patent, privacy or publicity rights.
Users shall not post any Submission that is defamatory, libelous, sexually explicit, obscene, inappropriate, indecent, or profane, or that is done with the intent to harass, stalk or threaten others. Users shall not use Submissions or the Forum in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail or spamming. Users shall not impersonate any other person when posting a Submission or create a false identity to mislead others.
MCAR has the right, at MCAR’s sole discretion, to copy, reproduce, distribute, transmit, and display Submissions at any time without consideration, and MCAR has the right to delete any Submission at any time without notice. Users agree to indemnify, defend and hold MCAR harmless from any claims, actions, liabilities, loss, costs, damages, or expenses, including reasonable attorney’s fees that may arise directly or indirectly from the User’s Submissions. Submissions may not contain any advertisements or solicitations without MCAR’s prior written consent.
Each Forum may have rules particular to that Forum, and Users agree to abide by those rules when participating in that Forum. MCAR reserves the right to limit or terminate access to Forums at any time for any reason without notice.
You assume all risk, liability, and responsibility for any translation. While reasonable efforts are made to provide a translation, no liability and no responsibility are assumed by either MCAR or its partners for any errors, omissions, or ambiguities in the translations. In no event are MCAR, its owners, advertisers, affiliates, and associated parties, liable for any damages whatsoever arising out of your use of translations for the website or the content thereof, including direct, indirect, incidental, consequential or punitive damages. Without limiting any of the foregoing, translations are provided “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DISCLAIMER. THE CONTENT ON THE MCAR SITE IS PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCAR DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. MCAR DOES NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, RELIABILITY, ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE OR THE CONTENT.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MCAR BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA OR PROGRAMS ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE.
Modification of Agreement. MCAR reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. Users agree to be bound by any modification or revision of the Agreement upon electronic posting to the Site.
Suspension or Termination of Access. MCAR reserves the right, in its sole discretion, to suspend or terminate a User’s access to the Site for any reason, including but not limited to, a User’s breach of this Agreement.
Indemnification. User agrees to defend, indemnify and hold harmless MCAR from all actions, liabilities, losses, claims, damages, costs, and expenses including but not limited to reasonable attorney’s fees, resulting from the User’s violation of any term of this Agreement or alleged illegal use of this Site.
Reservation of Rights. All rights not expressly granted or addressed herein are reserved by MCAR.
Choice of Law; Jurisdiction and Venue. This Agreement shall be governed in accordance with the laws of the State of California, excluding its conflict of law principles. In the event a dispute arises between User and MCAR from this Agreement or use of the Site, such dispute shall be submitted to a state or federal court with appropriate jurisdiction located in the City and County of Los Angeles, California, USA.
Ownership of Site and Content. All right, title and interest in and to the Site and Content belong solely and exclusively to MCAR and/or any third party owner of particular Content. The Site and the Content are protected by applicable federal, state and local laws, including but not limited to copyright and trademark laws.
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. 512. If you wish to notify MCAR of Content on the Site that may result in copyright infringement pursuant to 17 U.S.C. 512, please mail your notification to our designated agent at: DMCA Notification/Attention: Assistant General Counsel, 525 South Virgil Avenue, Los Angeles, California 90020, or fax your notification to our designated agent at (213) 480-7724.
USER’S CONSENT TO BE LEGALLY BOUND TO AGREEMENT. IN CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. USE OF THE SITE IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU’RE ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.