YOUR USE OF THE ARCSERV WEB SITE (THE “WEB SITE”),
CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF
YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT
USE, OR MUST IMMEDIATELY TERMINATE YOUR USE, OF THIS WEB SITE.
1. Purpose of Web Site. This web site is made available by ARCServ Inc.
(“Provider”). The information in the web site is for educational purposes and
to give you general information on the value of utilizing a real estate
attorney as the first point of contact when initiating a residential real
estate transaction, not to provide legal advice.
2. Limited License; Permitted Uses. You are granted a non-exclusive,
non-transferable, revocable license (1) to access and use the Web Site strictly
in accordance with these Terms and Conditions of Use; (2) to use the Web Site
solely for internal, personal, non-commercial purposes; and (3) to print out
discrete information and search results from the Web Site solely for internal,
personal, non-commercial purposes and provided that you maintain all copyright
and other notices contained therein.
3. Restrictions and Prohibitions on Use. Your license to access and use
the Web Site is subject to the following restrictions and prohibitions on use.
You may not (1) copy, print (except for the express limited purpose permitted
by paragraph 3, above), republish, display, transmit, distribute, sell, rent,
lease, loan or otherwise make available in any form or by any means all or any
portion of the Web Site or any information or materials retrieved therefrom;
(2) use any materials from the Web Site to develop, or as a component of, an
information storage and retrieval system, database, info base, or similar
information resource (in any media now existing or hereafter developed), that
is offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution
mechanism; (3) create compilations or derivative works or any other materials
from the Web Site; (4) use any materials from the Web Site in any manner that
may infringe any copyright, intellectual property right, proprietary right, or
property right of Provider or any third parties; (5) remove, change, or obscure
any copyright notice or other proprietary notice or terms of use contained in
the Web Site; (6) make any portion of the Web Site available through any
timesharing system, service bureau, the Internet, or any other technology now
existing or developed in the future; (7) remove, disable, defeat or change any
functionality or appearance of the Web Site; (8) decompile, disassemble or
reverse engineer any Web Site software or use any network monitoring or
discovery software to determine the site architecture; (9) use any
automatic or manual process to harvest information from the Web Site;
(10) use the Web Site for the purpose of gathering information for or
transmitting (a) unsolicited commercial email; (b) email that makes use of
Provider’s name or trademarks, including in connection with invalid or forged
headers, invalid or nonexistent domain names, or other means of deceptive
addressing; and (c) unsolicited telephone calls or facsimile transmissions;
(11) use the Web Site in a manner that violates any state or federal law
regulating commercial email, facsimile transmissions or telephone
solicitations; and (12) export or re-export the Web Site or any portion
thereof, or any software available on or through the Web Site, in violation of
the export control laws and regulations of the United States.
4. Policy on Unsolicited Commercial Email. Provider does not authorize
the use of the Web Site for purpose of gathering information for or
transmitting unsolicited bulk commercial email over the Internet to Listees or
other third parties. Internet email sent to or through Provider’s computer
systems or to Listees or other third parties containing invalid or forged
headers, invalid or non-existent domain names or other deceptive addressing is
deemed counterfeit; the sending or attempt to send counterfeit email to or
through the Provider’s computer systems is strictly prohibited. Email that is
relayed to or through the Provider’s computer systems from a third party’s mail
servers without permission of such third party, or which employs a similar
device to hide the real source of the email is also strictly prohibited.
Provider prohibits anyone from sending email to or through its computer systems
that violates these Terms and Conditions of Use. Provider prohibits the
harvesting of email addresses from the Web Site for the purpose of sending
unsolicited bulk commercial email.
5. No Legal Advice or Attorney-Client Relationship. Information
contained on or made available through the Web Site is not intended to and does
not constitute legal advice, recommendations, mediation or counseling under any
circumstance and no attorney-client relationship is formed. Nothing submitted
to this Web Site is treated as confidential. Provider does not warrant or
guarantee the accuracy, completeness, adequacy or currency of the information
contained in or linked to the Web Site. Your use of information on the Web Site
or materials linked from the Web Site is entirely at your own risk. Provider is
not a law firm and the Web Site is not a Lawyer Referral Service. Provider does
not receive any portion of any lawyer’s or law firm’s fees and any arrangements
subsequently made by you and any lawyer or law firm are strictly between you
and such party and do not involve Provider in any way.
6. Intellectual Property Rights. Except for the limited license
contained in paragraph 3 above, nothing in these Terms and Conditions of Use
grants or should be construed to grant any licenses or rights, by implication,
estoppel or otherwise, under copyright or other intellectual property rights.
You agree that all right, title and interest (including all copyrights,
trademarks, service marks, patents and other intellectual property rights) in
this Web Site and its content belong to Provider, its licensors, or Listees, as
applicable.
7. Electronic Commerce. The content on this Web Site, including but not
limited to articles and other resources and information, is for personal use
only. Notwithstanding the foregoing, to the extent this Web Site provides any
purchasing opportunities through electronic commerce, such buying opportunities
may be made available for group as well as personal purchasing according to the
particular terms thereof and so long as you are authorized to make purchases on
behalf of such group.
8. No Solicitation. You shall not distribute on or through the Web Site
or to any persons or entities identified via the Web Site any content or
material containing solicitations or advertising of any kind without the
express prior written permission of the Provider. Lawyers and law firms are
prohibited from soliciting employment from prospective clients through the Web
Site or any of its interactive features. In interactive forums made available
through this Web Site, you may discuss or recommend third-party Web sites,
goods or services, so long as you have no financial interest in and receive no
direct or indirect benefit from such Web site, products or services, or the
recommendation of such. In no event may any person or entity solicit any
Listees or create a directory of lawyers or law firms through this Web Site or
with data retrieved from this Web Site.
9. Postings. You agree not to post, publish, upload or distribute in the
interactive areas on this Web Site any messages, data, information, text,
graphics, links or other material (“Postings”) which are unlawful or abusive in
any way, including but not limited to any Postings that are defamatory,
pornographic, obscene, threatening, invasive of privacy or publicity rights,
inclusive of hate speech, or would constitute or encourage a criminal offense,
violate the rights of any party, or give rise to liability or violate any
local, state, federal or international law, or the regulations of the U.S.
Securities and Exchange Commission, any rules of any securities exchange such
as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ,
either intentionally or unintentionally. Provider may delete your Posting or
terminate your account at any time for any reason without permission from you.
Participants shall not misrepresent their identity or their affiliation with
any person or entity.
10. Attorney Ethics Notice. If you are an attorney, participating in any
aspect of this Web Site, including but not limited to, message boards, chat
rooms or email forums you acknowledge that rules of professional conduct apply
to all aspects of your participation and that you will abide by such rules. The
rules include, but are not limited to, the rules relating to advertising,
solicitation of clients, unauthorized practice of law, and misrepresentations
of fact. Provider disclaims all responsibility for your compliance with these
rules. You further agree and acknowledge that when you participate in any
interactive area on the Web Site, including but not limited to email forums,
chat groups and message boards, you will not offer legal advice and will not
solicit employment from prospective clients.
11. Digital Millennium Copyright Act – Notification of Alleged Copyright
Infringement. Provider has registered an agent with the United States
Copyright Office in accordance with the terms of the Digital Millennium
Copyright Act (the "Act") and avails itself of the protections under the Act.
Provider reserves the right to remove any content or links that allegedly
infringe another person's copyright. Provider will terminate, in appropriate
circumstances, any subscriber or user accounts that might exist with respect to
Provider’s system or network who are repeat offenders of another’s copyrights.
Notices to Provider regarding any alleged copyright infringement should be
directed ARCServ@hotmail.com.
12. License of Your Content to Provider. By uploading content to or
submitting any materials for use on the Web Site, you grant (or warrant that
the owner of such rights has expressly granted) Provider a perpetual,
royalty-free, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from and distribute
such materials or incorporate such materials into any form, medium, or
technology now known or later developed throughout the universe.
13. Linking to the Web Site. You may provide links only to the homepage
of this Web Site, provided (a) you do not remove or obscure, by framing or
otherwise, advertisements, the copyright notice, or other notices on the Web
Site, (b) you give Provider notice of such link by sending an e-mail to
ARCServ@hotmail.com and (c) you discontinue providing links to this Web Site
immediately upon request by Provider. If you wish to provide links to a section
within the Web Site, you should forward your request to Provider at
ARCServ@hotmail.com.
14. Advertisers. This Web Site may contain advertising and sponsorship.
Advertisers and sponsors are responsible for ensuring that material submitted
for inclusion on the Web Site is accurate and complies with applicable laws.
Provider will not be responsible for the illegality of or any error or
inaccuracy in any advertiser’s or sponsor’s materials.
15. Registration. Certain sections of this Web Site may require you to
register. If registration is requested, you agree to provide Provider with
accurate, complete registration information. Your registration must be done
using your real name and accurate information, even if the feature permits you
to post a question anonymously or interact using a screen name. It is your
responsibility to inform Provider of any changes to that information by
emailing ARCServ@hotmail.com. Each registration is for your personal use only,
unless specifically designated otherwise on the registration page. Provider
does not permit (a) any other person using the registered sections under your
name; or b) access through a single name being made available to multiple users
on a network. You are responsible for preventing such unauthorized use. If you
believe there has been unauthorized use, you must notify Provider immediately
by emailing ARCServ@hotmail.com.
16. Errors and Corrections. Provider does not represent or warrant that
the Web Site will be error-free, free of viruses or other harmful components,
or that defects will be corrected. Provider does not warrant or represent that
the information available on or through the Web Site will be correct, accurate,
timely, or otherwise reliable. Provider may make improvements and/or changes to
its features, functionality or content of the Web Site at any time.
17. Third-Party Content. Third-party content may appear on this Web Site
or may be accessible via links from this Web Site. Provider shall not be
responsible for and assumes no liability for any mistakes, misstatements of
law, defamation, omissions, falsehood, obscenity, pornography or profanity in
the statements, opinions, representations or any other form of content
contained in any third-party content appearing on the Web Site. You understand
that the information and opinions in the third-party content represent solely
the thoughts of the author and is neither endorsed by nor does it reflect the
belief of Provider.
18. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN "AS IS " BASIS. PROVIDER
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY,
OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A)
ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT
LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY
WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN
THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
(C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF
THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS
SITE.
19. LIMITATION OF LIABILITY AND DAMAGES. PROVIDER SHALL NOT BE LIABLE
FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM
YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING
FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB
SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS
OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED,
PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO
$100.00.
20. Unlawful Activity. Provider reserves the right to investigate
complaints or reported violations of our Terms and Conditions of Use and to
take any action we deem appropriate, including but not limited to, reporting
any suspected unlawful activity to law enforcement officials, regulators, or
other third parties and disclosing any information necessary or appropriate to
such persons or entities relating to your profiles, e-mail addresses, usage
history, posted materials, IP addresses and traffic information.
21. Indemnification. You are solely liable for any content, messages or
other information you transmit, provide or upload to the Web Site. You agree to
indemnify and hold harmless Provider from any third party claim, action,
demand, loss, or damages (including attorney’s fees and costs) arising out of
or relating to your violation of these Terms and Conditions of Use, your use of
the Web Site, or your violation of any rights of a third party.
22. Remedies for Violations. Provider reserves the right to seek all
remedies available at law and in equity for violations of these Terms and
Conditions of Use, including but not limited to the right to block access from
a particular Internet address to any of the Provider’s Web Sites and their
features.
23. Governing Law, Jurisdiction and Non-Waiver. These Terms and
Conditions of Use are governed by and construed in accordance with the laws of
the State of Connecticut and any action arising out of or relating to these
terms shall be filed only in state or federal courts located in Connecticut and
you hereby consent and submit to the personal jurisdiction of such courts for
the purpose of litigating any such action. The failure of either party to
enforce any rights hereunder shall not constitute a waiver of any terms or
conditions of these Terms and Conditions of Use.
24. Privacy. Your use of the Web Site is also subject to Provider’s
Privacy Policy, which you link to by clicking here: Privacy
Policy.
25. Severability of Provisions. These Terms and Conditions of Use
incorporate by reference all notices and disclaimers contained on the Web Site
and constitute the entire agreement between you and Provider with respect to
access to and use of the Web Site. If any provision of these Terms and
Conditions of Use is found unlawful, void or unenforceable, then that provision
shall be deemed severable from the remaining provisions and shall not affect
their validity and enforceability.
26. Modifications to Terms of Use. Provider reserves the right to change
these Terms and Conditions of Use at any time. Updated versions of the Terms
and Conditions of Use will appear on this Web Site and are effective
immediately. You are responsible for regularly reviewing the Terms and
Conditions of Use. Continued use of the Web Site after any such changes
constitutes your consent to such changes.
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