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WEB SITE TERMS OF USE
Welcome to this Coldwell Banker Commercial Web site (this "Web Site"). Coldwell
Banker Commercial provides this Web Site subject to the following terms of use
(these "Terms"). These Terms explain a contractual agreement between you
("User," "You," "Your") and Coldwell Banker Commercial ("We," "Us," "Our")
regarding Your use of this Web Site. You should print a copy of these Terms for
Your records. Please note, however, that We may update and amend these Terms
from time to time.
1. WHAT YOU SHOULD KNOW The goal of this Web Site is to provide You with access
to information about Our facilities, services, products, and related links to
meet Your needs (the "Content"). The Terms are meant to protect all of Our
visitors to this Web Site, and Your access to and use of this Web Site
signifies Your agreement with these Terms. DO NOT USE THIS WEB SITE IF YOU DO
NOT AGREE WITH THESE TERMS. We reserve the right, in Our sole discretion, to
modify, alter or otherwise update these Terms at any time. Such modifications,
alterations, and updates shall be effective immediately upon posting. You agree
to be bound by such modified, altered, and updated Terms if You access or use
this Web Site after We have posted notice of such modifications, alterations or
updates.
Consistent 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 with Us.
The other linked Web sites have different terms of use that are not the same as
these Terms. Your access to and use of such linked 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.
2. PRIVACY Registration data and certain other information about You is subject
to our Privacy Policy. For more information, please review Our Privacy Policy [http://www.cbcommercialchicago.com/privacy.aspx].
3. USE OF THIS WEB SITE We control and operate this Web Site. All Content on
this Web Site, including, but not limited to, text, photographs, images,
illustrations, audio clips, and video clips, is protected by copyrights,
trademarks, service marks, and/or other intellectual property rights (which are
governed by United States and worldwide copyright laws and treaty provisions,
privacy and publicity laws, and communication regulations and statutes). The
Content is owned and controlled by Us or Our affiliates, or by third party
content providers, merchants, sponsors and licensors (collectively the
"Providers") that have licensed their content or the right to market their
products and/or services to Us. 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 agree to abide by all additional copyright notices,
information, or restrictions contained in any Content. You may download a
single copy of any Content contained on this Web Site, solely for Your
personal, non-commercial use, consistent with these Terms, provided that You
maintain all copyright and other notices contained in such Content.
You may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the Content in any way (including by e-mail or other electronic
means) for commercial use without the prior written consent of Us or the
Providers. You may request consent by faxing a request to NRT's Legal
Department at (973) 240-5059. 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, without the
prior written consent of Us or the Providers, violates the intellectual
property rights and proprietary rights of the Content owners and is prohibited.
You may not use on Your Web site any registered or unregistered 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, deep link, or
otherwise incorporate into another Web site any of the Content or other
materials on this Web Site without Our express prior written consent.
Violation of trademark and copyright laws may result in significant civil
liability or criminal penalties under United States and/or worldwide copyright
and trademark laws. You recognize that any reproduction or use of Content,
except as authorized by these Terms, is considered intentional infringement.
4. USER'S RESPONSIBILITIES You warrant and represent to Us that You will not use
this 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
this Web Site immediately terminates without the necessity of any notice. We
retain the right to deny access to anyone at Our discretion for any reason,
including for violation of these Terms.
You are solely responsible for Your Information, and We act as a passive conduit
for Your online distribution and publication of Your Information. As used in
these Terms, "Information" means any information or data that You submit to
this Web Site and any information or data that is generated by this Web Site as
a result of Your use of this Web Site.
In the event that You are provided with User identification numbers or codes
(collectively, "ID's"), confirmation numbers, and/or passwords (as applicable)
in the use of this Web Site, You shall maintain such User ID's, confirmation
numbers, and/or passwords in confidence and You agree not to distribute or
disclose the same to third parties. It is Your responsibility to notify Us if
We need to change or discontinue any of Your ID's, confirmation numbers, or
passwords. It is also Your responsibility to immediately request
discontinuation of an ID, confirmation number, or password upon Your knowledge
or belief that such ID, confirmation number, and/or password is, or may be
subject to, a breach of confidentiality. We may suspend or terminate Your
service or access to this Web Site if We believe a breach of these Terms has
occurred.
You agree to provide true, accurate, current and complete Information. If You
provide any Information that is untrue, inaccurate, not current or incomplete
(or We have reasonable grounds to suspect that such Information is untrue,
inaccurate, not current or incomplete), We have the right to suspend or
terminate Your access and activity, and refuse any and all current or future
use, of this Web Site.
5. PROHIBITED ACTIVITIES You are specifically prohibited from any use of this
Web Site, and You agree not to use or permit others to use this Web Site, for
any of the following: (a) take any action that imposes an unreasonable or
disproportionately large load on the Web 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 Web 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, other automatic device, or manual process to search, monitor
or copy Our Web pages, or the Content without Our prior written permission,
provided that generally available third party Web browser such as Netscape
Navigator® and Microsoft Internet Explorer® may be used without such
permission.
6. INFORMATION POSTED TO WEB SITE With respect to all Information You elect to
post to publicly accessible areas of the Web Site, You agree that We have the
right to use, reproduce, modify, publish, perform and display such Information
(in whole or part) worldwide; provided that such use is subject to the terms of
Our Privacy Policy [http://www.cbcommercialchicago.com/privacy.aspx].
You acknowledge and agree that We may preserve Information and may also disclose
Information if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms; (c) respond to claims that any Information
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of Our business, employees, Providers, affiliates, users,
and/or the public.
7. LINKS TO OTHER WEB SITES This Web Site may contain links to third-party
and/or other Cendant-affiliated Web sites not under Our control or operation
(the "Linked Sites"). The links will let You leave this Web Site, and You
access them at Your own risk. You acknowledge that We provide the Linked Sites
for Your convenience and information only. We do not endorse nor are We
responsible for any content, information, or other related materials found at
any such Linked Sites or any links contained within such Linked Sites, whether
or not We are affiliated with the owners of such Linked Sites. Moreover, We do
not control any use of content, information or other related material that You
provide to, or is collected and/or tracked by, such Linked Sites. Such use by
Linked Sites is governed by the terms of use statements and/or privacy policies
of such Linked Sites, not this Web Site, and as a result may differ from Ours.
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 Us or the
Providers.
8. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through this Web Site,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties, or representations associated with such dealings
are solely between You and such advertiser. You agree that We (and the
Providers) shall neither be responsible nor liable for any loss or damage
incurred by You as the result of any such dealings or as the result of the
presence of such advertisers on this Web Site.
9. NO WARRANTIES 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, WE DISCLAIM ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR 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. WE DO 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, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE,
AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER
SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY
OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED
OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE OF
THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET
CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
10. LIMITATION OF LIABILITY IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED
ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION,
PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER
ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR
ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY
TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B)
$500. Some states do not allow for the limitation of liability, so the
foregoing limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE 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 CONTENT,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER,
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR
ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this Section 10 will survive and apply even if any
limited remedy specified in these Terms is found to have failed of its
essential purpose. The limitations of liability provided in these Terms inure
to the benefit of Us and the Providers, and to all respective officers,
directors, employees, representatives, attorneys, and agents.
11. GOVERNING LAW AND JURISDICTION We operate this Web Site (excluding Linked
Sites) from Our offices within the State of Illinois. It can be accessed from
all 50 states, as well as from other countries around the world. As each of
these places has laws that may differ from those of Illinois, by accessing this
Web Site, You agree that these Terms and Your use of the Web Site shall be
governed in all respect by the internal substantive laws of the State of
Illinois, without regard to conflict of laws provisions and shall not be
governed by the United Nations Convention on the International Sale of Goods.
You further submit to exclusive jurisdiction and venue in the state and federal
courts located in the State of Illinois for all disputes, cases and
controversies regarding this Web Site, Your use of this Web Site, and Your
relationship with Us. We make no representation that materials on this Web Site
are appropriate or available for use in other locations, and accessing them
from territories where the Content is illegal is prohibited. Those who choose
to access this Web Site from other locations do so at their own risk and are
responsible for compliance with local laws, including laws regarding the
transmission of technical data exported from the United States or the country
in which You reside.
12. INDEMNIFICATION We reserve the right to report any wrongdoing, if and when
We become aware of it, to any applicable government agencies. You agree to
indemnify, defend and hold Us and the Providers, Our and their officers,
directors, employees, affiliates, agents, licensors, and suppliers harmless
from and against any and all claims, demands, actions, costs, liabilities,
losses and damages of any kind (including attorneys' fees) resulting from Your
use of this Web Site, Your breach of any provision of these Terms and/or any
negligent acts, omissions or intentional wrongdoing by You. Any such
indemnification shall be conditioned on Our: (a) notifying You in writing of
any such claim, demand, action, cost, liability, loss or threat of any thereof;
(b) cooperating with You in the defense or settlement thereof; and (c) allowing
You to control such defense or settlement. We shall be entitled to participate
in such defense at Our own cost and expense.
13. MESSAGE BOARDS In the event that We provide message boards or discussion
forums on this Web Site (the "Forums"), You agree to use the Forums only in a
noncommercial manner. You shall not, without our express approval, distribute
or otherwise publish any material containing any solicitation of funds,
advertising, or written solicitation for goods and services. You agree that any
uploaded materials may be republished without compensation to You or any other
person or entity. In addition, You warrant that all moral rights in any
uploaded materials have been waived. While We do not and cannot review every
message posted by You or any other User in the Forums, and although We are not
responsible for these messages, We reserve the right (but not the obligation)
to delete, move, or edit messages that We, in our sole discretion, deem
abusive, defamatory, obscene, in violation of copyright or trademark laws, or
otherwise unacceptable. We do not endorse any Information posted on this Web
Site.
You agree that You must evaluate, and bear all risks associated with, the use of
any messages, Information, or Content, including any reliance on the accuracy,
completeness, or usefulness of such messages, Information, or Content. In this
regard, You acknowledge that You may not rely on any Content We create or
information submitted to Us by third parties, including without limitation,
information in the Forums, and in all other parts of this Web Site.
14. OTHER GENERAL PROVISIONS These Terms are for the benefit of Us and the
Providers, Our 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. Our failure to act with respect to a breach by You or others does
not waive Our right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such
provision will be struck and the remaining provisions enforced. Headings are
for reference purposes only.
You and We are dealing at arms' length, creating a commercial relationship. We
are not Your Agent or Your fiduciary. All of Our hotel chain's hotels and
facilities are independently owned and operated by independent franchisees and
licensees. They manage and operate the facilities, and they are the employers
of all employees and contractors who work at the facilities. These franchisees
are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by these Terms.You and We are dealing at arms' length, creating a commercial
relationship. We are not Your Agent or Your fiduciary, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms.
The provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between Us (including the Providers),
Our 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 shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
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