Web Site Terms of Use
INFORMATION
The goal of this Web Site is to provide you with access to the most comprehensive
network of residential real estate products/services and related links to meet your
needs. Please read our Terms of Use carefully before continuing with your use of
this Web Site. These Terms shall govern the use of the Web Site and apply to all
Internet traffic visiting the Web Site. By accessing or using this Web Site, you
agree to the Terms. The Terms are meant to protect all of our Web Site visitors
and your use of this Web Site signifies your agreement with these Terms. IF YOU DO
NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. David Phaff and Associates at RealtyUSA 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 Web Site after we have posted notice of such modifications, alterations
or updates you agree to be bound by such revised Terms.
In accordance with our goals, this Web Site will permit you to link to many other
web sites, that may or may not be affiliated with this Web Site and/or David Phaff and Associates at RealtyUSA,
and that may have terms of use that differ from, or contain terms in addition to,
the terms specified here. Your access to such web sites through links provided on
this Web Site is governed by the terms of use and policies of those sites, not this
Web Site.
PRIVACY
Registration data and certain other information about you is subject to our Privacy
Policy. For more information, please review our full Privacy Policy which can be
found here.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by David Phaff and Associates at RealtyUSA, Albany, New
York, Voice Mail: 518.448.6789, Fax: 518.456.5875. All content on this Web 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 by David Phaff and Associates at RealtyUSA or its affiliates, or by third party
content providers, merchants, sponsors and licensors (collectively "Providers")
that have licensed their content or the right to market their products and/or services
to David Phaff and Associates at RealtyUSA. Content on this Web Site or any web site owned, operated, licensed
or controlled by the Providers is solely for your personal, non-commercial use.
You may print a copy of the content and/or information contained herein for your
personal, non-commercial use only, but you may not copy, reproduce, republish, upload,
post, transmit, distribute, and/or exploit the content or information in any way
(including by e-mail or other electronic means) for commercial use without the prior
written consent of David Phaff and Associates at RealtyUSA or the Providers. You may request consent by faxing
a request to 518.456.5875. Without the prior written consent of David Phaff and Associates at RealtyUSA 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 for any purpose
other than personal, non-commercial use, violates the rights of the owners of David Phaff and Associates at RealtyUSA
and/or the Provider copyrights, trademarks or service marks and other proprietary
rights, and is prohibited. As a condition to your use of this Web Site, you warrant
to David Phaff and Associates at RealtyUSA that you will not use our Web Site 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 our
Web Site immediately terminates without the necessity of any notice. David Phaff and Associates at RealtyUSA
retains the right to deny access to anyone at its discretion for any reason, including
for violation of these Terms. You may not use on your web site any trademarks, service
marks or copyrighted materials appearing on this Web Site, 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 Web Site without prior written
consent of David Phaff and Associates at RealtyUSA.
LINKS
This Web Site may contain links to other web sites ("Linked Sites"). The
Linked Sites are provided for your convenience and information only and, as such,
you access them at your own risk. The content of any Linked Sites is not under David Phaff and Associates at RealtyUSA's
control, and David Phaff and Associates at RealtyUSA is not responsible for, and does not endorse, such content,
whether OR NOT DAVID PHAFF AND ASSOCIATES AT REALTYUSA IS AFFILIATEd with the owners of such Linked Sites.
You may not establish a hyperlink to this Web Site or provide any links that state
or imply any sponsorship or endorsement of your web site by David Phaff and Associates at RealtyUSA, or its
affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE 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, DAVID PHAFF AND ASSOCIATES AT REALTYUSA DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER David Phaff and Associates at RealtyUSA, 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. DAVID PHAFF AND ASSOCIATES AT REALTYUSA 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
DAVID PHAFF AND ASSOCIATES AT REALTYUSA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER DAVID PHAFF AND ASSOCIATES AT REALTYUSA, NOR ITS AFFILIATED
OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
OR AGENTS, 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, DAVID PHAFF AND ASSOCIATES AT REALTYUSA
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 DAVID PHAFF AND ASSOCIATES AT REALTYUSA IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. IN SUCH JURISDICTIONS, DAVID PHAFF AND ASSOCIATES AT REALTYUSA'S LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless David Phaff and Associates at RealtyUSA and the Providers,
its and their officers, directors, employees, affiliates, agents, licensors, and
suppliers from and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of David Phaff and Associates at RealtyUSA and its Providers, its and their
officers, directors, employees, affiliates, 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 Web Site is presented
solely for your convenience and/or information. This Web Site is controlled and
operated by David Phaff and Associates at RealtyUSA from its office within NY. David Phaff and Associates at RealtyUSA makes no representation
that content in its Web Site is appropriate or available for use in other locations.
Those who choose to access this Web 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 Web 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 York,
as they are applied to agreements entered into and to be performed entirely within
such State. Any action you, any third party or David Phaff and Associates at RealtyUSA brings to enforce
these Terms, or in connection with any matters related to this Web Site, shall be
brought only in either the state or Federal courts located in and for Albany County,
NY 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 sever able 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 David Phaff and Associates at RealtyUSA, its affiliated or related
entities, and you, and supersede 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 DAVID PHAFF AND ASSOCIATES AT REALTYUSA.