NewmarkPM.com Terms and Conditions [February, 2001]
What terms and conditions are you legally bound to?
Upon registering to be a member of the NewmarkPM.com website
(“Site”) and throughout the term of your usage and thereafter, you agree
to be bound by these Terms and Conditions. If you do not agree to these
Terms and Conditions, do not use this Site.
If you allow a third party (“Guest”) access to the Site under your
password and login number, you must inform your Guest of these Terms
and Conditions and that these are a condition for your Guest to use the
Site. If your Guest violates any of these Terms and Conditions, you shall be
personally liable for your Guest’s actions.
How do you register?
When you agree to become a member, you will be issued a login
number and password, which will be provided to you by the managing
agent of the building in which you, or your employer, is a tenant. Your
login number and password will allow you to access areas of the Site
reserved only for members. Please keep your login number and password
confidential.
When does your access to the Site terminate?
NewmarkPM.com reserves the right to terminate your access to all
or a part of the Site, with or without notice, for any reason or no reason.
You may terminate your membership with NewmarkPM.com at any
time.
What license are you providing to NewmarkPM.com?
By using the Site and posting messages on any of our boards, you
grant to NewmarkPM.com and its affiliates and licensees, the right to use,
reproduce, display, perform, adapt, modify, edit, distribute, for any
purpose. You also represent and warrant that you own or otherwise
control all of the right to the content and that public posting will not
infringe or violate the rights of third parties.
What responsibility does NewmarkPM.com have concerning links and
third party merchants?
NewmarkPM.com does not warrant the accuracy or completeness
of the information or content included on any of the links on the Site
provided by third party merchants or service providers (“Vendor(s)”). Any
concerns you may have about any Vendors should be addressed directly
to them. You acknowledge that NewmarkPM.com is not responsible for
the accuracy, decency, or legality of any content of sites provided by
Vendors. NewmarkPM.com does not endorse any site by Vendor linked to
the Site.
If you wish to access any link to a Vendor’s site, you acknowledge
and agree that NewmarkPM.com shall in no event be liable or responsible
for any of the services or products to be provided by the Vendor and that
NewmarkPM.com is not an agent or representative of the Vendor. You
undertake any transactions with the Vendor at your own risk.
What rights does NewmarkPM.com reserve with respect to copyrights and
proprietary information?
You agree that all content and materials available on the Site are
owned by NewmarkPM.Com and are protected by all proprietary laws,
including but limited to, copyright, trademarks, service marks, and
patents. All content, including text, graphics, logos, button icons,images,
audio clips, and software is the property of NewmarkPM.com or its
content suppliers and protected by U.S. and international copyright laws.
You are prohibited from using any material or content, including any
graphics, logos, service marks which appear on the Site in connection
with another product or service that may likely cause confusion among
users or customers, or in any manner that disparages or discredits
NewmarkPM.com.
You agree not to rent, modify, distribute, sell, publish, edit, publicly
perform from, or create derivative works from such materials or content.
You agree not to reproduce, distribute, transmit, republish, or display the
content or materials on this Site. You are permitted, however, to print or
download copies of these materials or content on the Site, provided that
you do so for your own use, for non-commercial purposes, and do not
remove any copyright or other proprietary notices on the materials.
You are also prohibited from creating or compiling a database, directory or
any compilation without NewmarkPM.com’s express permission.
USE OF THE CONTENT OR MATERIALS ON THIS SITE FOR ANY PURPOSE NOT EXPRESSLY PERMITTED HEREIN IS PROHIBITED.
What rights does NewmarkPM.com have concerning information you post
on the website?
NewmarkPM.com owns the content and any associated materials
to the Site, including any information you post on the Site. Any
comments, feedback, suggestions or ideas provided to NewmarkPM.com
or made in connection with the Site shall be and remain the exclusive
property of NewmarkPM.com. Any requests or orders that you post on the
Site, however, shall be subject to NewmarkPM.com’s privacy policy.
Does NewmarkPM.com provide any representations or warranties?
No. NewmarkPM.com is providing content to you as is and as
available. To the extent permitted by law, NewmarkPM.com makes no
warranties of any kind, whether express or implied, including but not
limited to implied warranties of merchantability, fitness for a particular
purpose or non-infringement. Further, NewmarkPM.com and its licensors
do not warrant that:
- the content is accurate, reliable or correct;
- the Site will be available at all times and at the same
location;
- any defects or errors will be corrected; or
- that the content on the Site is free of viruses or other
components.
NewmarkPM.com makes no representation that the materials on
the Site are appropriate or available for use in locations outside the United
States. Accessing this Site from locations outside of the United States,
therefore, may be prohibited.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE USING THE SITE AT
YOUR OWN RISK.
What is NewmarkPM.com’s liability?
To the extent permitted or required under law, under no
circumstances shall NewmarkPM.com or its licensors be liable for any
direct, indirect, special, incidental, punitive, or consequential damages
that result from the use of, or inability to use, the Site. The aforesaid
limitation applies to any theory of recovery, including those claims based
on tort or contract, even if NewmarkPM.com has been advised of the
possibility of such damages.
If NewmarkPM.com is found liable for any loss or damage to you
arising from your use of the Site, then in no event shall NewmarkPM.com’s
liability exceed the amount you have paid NewmarkPM.com for use or
access to the Site.
What are you prohibited from doing?
By using the Site, you agree that you will not upload, post or
otherwise distribute or facilitate distribution of any content, including text,
communications, software, images, sounds, data or other information,
that:
- Harasses, degrades, intimidates or victimizes an individual or
group of individuals on the basis of race, religion, sexual
orientation, gender, ethnicity, age or disability;
- Is attacking, defamatory, libelous, deceptive, fraudulent,
threatening, abusive, invasive of another’s privacy, contains
inappropriate language, is sexually exploitative or insulting, or
is violent;
- Infringes on any third party’s proprietary rights, including but
not limited to trademark, trade secret, patent, copyright;
- Contains software viruses or any other computer code, files or
programs that are designed to disrupt, damage, or limit the
functioning or any software, hardware or damage or obtain
unauthorized access to any data or other information of any
third party;
- Contains or constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail, chain letters, any other form of
unauthorized solicitation or any form of gambling or lottery
(and you are further prohibited from collecting information
about our members or users for the purpose of transmitting or
facilitating the transmission of unsolicited communications); or
- Impersonates any person or entity.
NewmarkPM.com does not pre-screen, monitor or edit the content
by users of the Site. However, NewmarkPM.com has the right, at its
sole discretion, to remove any content that in NewmarkPM.com’s
sole judgment, violates any of our policies posted on the Site (as set
forth in these Terms and Conditions) or is otherwise harmful,
objectionable, or inaccurate.
NewmarkPM.com is not responsible for a failure or delay in
removing such content.
What is your liability when using the site?
You may not reproduce, duplicate, copy, sell, resell, or otherwise
exploit for any commercial purpose the Site or any portions of the Site,
unless expressly permitted by NewmarkPM.com. If you have violated any
of the terms and conditions stated on the Site, or your conduct violates
law or is harmful to the interests of NewmarkPM.com, then
NewmarkPM.com, may terminate your account, refuse service, or cancel
any orders.
What other miscellaneous legal provisions do you have to adhere to?
These Terms and Conditions shall be governed by the laws of the
state of New York, applicable to agreements made and to be performed
entirely within New York. You specifically agree that New York State has sole
and exclusive jurisdiction and that you submit to the personal jurisdiction
of the courts in the state of New York. The Terms and Conditions represent
the entire agreement between you and NewmarkPM.com concerning
the Site and supersede any and all other written or oral agreements. In the
event any provision of these Terms and Conditions is found to be void or
unenforceable by a court of competent jurisdiction, the remaining provisions shall
nevertheless be binding upon you with the same effect as though the void or
unenforceable part had been severed and deleted.
You agree to defend, indemnify and hold harmless NewmarkPM.com, its
affiliated companies, and their employees, officers, directors, and agents from all
liabilities, claims, losses and claims, including reasonable attorneys fees and costs,
that arise from your use of or access to the Site. NewmarkPM.com reserves the
right to defend the claim, at its own expense, in which event you shall cooperate
with NewmarkPM.com in the defense.
What happens if our terms and conditions change?
We reserve the right to update, modify and amend these Terms and
Conditions. All such changes shall be posted on the Site and indicated by
the date next to the title. Your continued use of the Site shall mean that
you agree to any and all changes.
What is our privacy policy?
We are committed to protecting your privacy. We use the
information we collect about you to process work orders through the
database. Also, NewmarkPM.com may provide aggregate statistics
about our customers, and related site information to the personnel of
NewmarkPM.com and our affiliated management companies, but these
statistics will include no personally identifying information.
NewmarkPM.com may release account information when we believe, in
good faith, that such release is reasonably necessary to (i) comply with
law, (ii) enforce or apply the terms of any of our user agreements, or (iii)
protect the rights, property, or safety of NewmarkPM.com, our users, or
others.
When you click on links and/or ad banners that take you to third-
party web sites, you will be subject to the third parties' privacy policies.
While we support the protection of privacy on the Internet,
NewmarkPM.com cannot be responsible for the actions of third parties.
We encourage you to read the posted privacy statement whenever
interacting with any web site.
By using the Site, you consent to the collection and use of this
information by NewmarkPM.com. If we decide to change our privacy
policy, we will post those changes on this page so that you are always
aware of what information we collect, how we use it, and under what
circumstances we disclose it.
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