TERMS OF USE/DISCLAIMER
WHAT YOU SHOULD KNOW
Welcome to the ERA Franchise Systems, Inc. web site (the
"Web Site"). The goal of this Web Site is to provide you
with access to the most comprehensive network of Residential Real
Estate and related links to meet your needs. Please read our
Terms of Use (the "Terms") carefully before continuing on
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. ERA
Franchise Systems, Inc. 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 ERA Franchise Systems, Inc., 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
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by ERA Franchise Systems,
Inc., 6 Sylvan Way, Parsippany NJ 07054. 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 ERA Franchise Systems,
Inc. 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 ERA Franchise Systems, Inc. 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 ERA Franchise Systems, Inc. or the
Providers. You may request consent by faxing a request to Cendant
Legal/Information Protection Contact at 973-496-5331. Without the
prior written consent of ERA Franchise Systems, Inc. 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 the http://www.ERA.com 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 ERA Franchise Systems, Inc. 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. ERA
Franchise Systems, Inc. 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 ERA Franchise Systems, Inc.
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 ERA
Franchise Systems, Inc.'s control, and ERA Franchise Systems, Inc. is
not responsible for, and does not endorse, such content, whether or
not ERA Franchise Systems, Inc. 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 ERA Franchise Systems, Inc., 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, ERA Franchise Systems, INC.
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. NEITHER ERA Franchise Systems, Inc., 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.
ERA Franchise Systems, Inc. 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 ERA Franchise Systems, Inc.) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR
SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER ERA Franchise Systems,
Inc., 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, ERA Franchise Systems, Inc. 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 ERA Franchise Systems, Inc. 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, ERA Franchise Systems,
INC.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
ERA Franchise Systems, Inc. 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 ERA Franchise
Systems, Inc. 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 ERA Franchise Systems, Inc.
from its offices within 6 Sylvan Way, Parsippany, NJ 07054. ERA
Franchise Systems, Inc. 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 Jersey, as they are applied to agreements entered
into and to be performed entirely within such State. Any action you,
any third party or ERA Franchise Systems, Inc. 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 Morris County, New Jersey 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 severable 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 ERA Franchise Systems, Inc.,
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.
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