Terms of Use

BY VISITING OR USING THE REALTOR STORE ONLINE OR ANY PART OF THE REALTOR STORE ONLINE EXCEPT THIS PAGE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND THE LONG ISLAND BOARD OF REALTORS, INC. (LIBOR), AND THE MULTIPLE LISTING SERVICE OF LONG ISLAND, INC. (MLSLI). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PAGE OF THE INTERNET MEMBER SERVICES WEBSITE.

1. INTRODUCTION

The REALTOR STORE ONLINE provides a method for Realtors to purchase products online by electronic transfer over the internet. The REALTOR STORE ONLINE may only be used for these purposes and for no other. The REALTOR STORE ONLINE itself is operated by LIBOR and MLSLI who have total control over its technology and operations. LIBOR and MLSLI out source certain aspects of the Realtor Store Online. If you have any questions about the Realtor Store Online, contact the Internet Member Services at imssupport@mlsli.com.

LIBOR and MLSLI offer you access to the REALTOR STORE ONLINE in exchange for your agreement to accept and comply with the terms, conditions, and notices stated herein and as may be modified by LIBOR and MLSLI from time-to-time. LIBOR and MLSLI reserve the right to modify in their sole discretion this Agreement and/or your use of the Realtor Store Online without providing notification. You are responsible for regularly reviewing these terms of use. BY VISITING OR USING ANY PART OF THE REALTOR STORE ONLINE YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN LIBOR, MLSLI, AND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE REALTOR STORE ONLINE.

2. OUTLINE OF TERMS OF USE. For your convenience, LIBOR and MLSLI here provide a section-by-section outline of the Terms of Use. To go directly to a specific section contained in these Terms of Use, click on the appropriate link below. Please note that this functionality is provided solely for your convenience and in no way absolves you of your duty to comply with each and every section of these Terms of Use.

i. General use and limitations on general use of the Realtor Store Online

ii. Disclaimers

iii. Privacy policy and terms of use

iv. Governing law

v. Third party credit card services

vi. Copyright infringement notice

GENERAL TERMS

3. GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE REALTOR STORE ONLINE

A. You agree that you will not use the Realtor Store Online in any manner which could damage, disable, overburden, or impair the REALTOR STORE ONLINE or interfere with any other party’s use and enjoyment of the REALTOR STORE ONLINE.

B. You agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Unauthorized individuals attempting to access the Realtor Store Online may be subject to prosecution.

4. DISCLAIMER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO LIBOR AND MLSLI CONTENT PROVIDED BY LIBOR AND MLSLI THROUGH THE REALTOR STORE ONLINE IS AT YOUR SOLE RISK. THE REALTOR STORE ONLINE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIBOR AND MLSLI MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, TIMELINESS OR SECURITY OF THE REALTOR STORE ONLINE. LIBOR AND MLSLI EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIBOR AND MLSLI SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON THE REALTOR STORE ONLINE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE REALTOR STORE ONLINE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

MLSLI AND LIBOR MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON WWW.LIBOR-STORE.COM.EXCEPT AS EXPRESSLY STATED HEREIN, MLSLI AND LIBOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MLSLI AND LIBOR ARISING FROM ANY PRODUCT SOLD ON WWW.LIBOR-STORE.COM SHALL BE THE PRICE OF THE PRODUCT ORDERED.IN NO EVENT SHALL MLSLI AND/OR LIBOR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.

MLSLI AND LIBOR DO NOT DIRECTLY NOR INDIRECTLY ENDORSE ANY PARTICULAR PRODUCTS.INFORMATION PROVIDED ON THE SITE IS NOT MEANT TO SUBSTITUTE ANY PROFESSIONAL ADVICE.THE STORE WEBSITE AND THE MATERIAL AND PRODUCTS THEREIN ARE PROVIDED “AS IS”.

THE DISCLAIMER SET FORTH IN THE ABOVE PARAGRAPH NOTWITHSTANDING, LIBOR AND MLSLI REPRESENT THAT THEY HAVE DONE AND WILL CONTINUE TO DO THE FOLLOWING:

A. LIBOR AND MLSLI SHALL EMPLOY SECURITY SYSTEMS CONSISTING OF ENCRYPTION AND “FIREWALL” TECHNOLOGIES TO ENABLE THE SECURE TRANSMISSION OF DATA ON THE LIBOR AND MLSLI NETWORKS.

B. LIBOR AND MLSLI SHALL USE COMMERCIALLY REASONABLE EFFORTS TO:

I. MAINTAIN THE REALTOR STORE ONLINE IN WORKING ORDER; AND

II. RESTORE SERVICE AS PROMPTLY AS POSSIBLE.

C. LIBOR AND MLSLI SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT PROVIDED BY IT ABOUT YOU IS ACCURATE AND IS NOT OTHERWISE UNLAWFUL.

D. NEITHER LIBOR NOR MLSLI SHALL VIOLATE ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW, INCLUDING ANY CREDIT OR PRIVACY LAW.

NOTWITHSTANDING THE ABOVE, NEITHER LIBOR NOR MLSLI SHALL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR THE FOLLOWING:

I. ERRORS OR DELAYS IN, OR FAILURE OR SUSPENSION OF SERVICE CAUSED BY MECHANICAL OR POWER FAILURE, COMPUTER SOFTWARE OR HARDWARE MALFUNCTIONS, STRIKES, FIRE, INABILITY TO OPERATE OR OBTAIN SERVICE FOR ITS EQUIPMENT, UNUSUAL DELAY IN TRANSPORTATION, ACT OF GOD, GOVERNMENTAL ACTS OR OMISSIONS, OR OTHER CAUSES BEYOND THEIR CONTROL.

II. ERRORS MADE BY THEIR THIRD PARTY VENDORS, INCLUDING WITHOUT LIMITATION, ERRORS MADE IN CREDIT AUTHORIZATION PURSUANT TO ANY TRANSACTION OR THE RESULT OF ANY CREDIT INQUIRY.

III. THE OPERATION OF APPLICABLE LIBOR AND/OR MLSLI WEBSITE(S).

IV. ANY CONTENT CONTAINED ON ANY WEBSITE LINKED TO THE REALTOR STORE ONLINE WHICH MAY BE INACCURATE, DEFAMATORY, OR IN VIOLATION OF ANY THIRD-PARTIES’ INTELLECTUAL PROPERTY RIGHTS.

V. ANY PUNITIVE EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT LIBOR OR MLSLI HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5. PRIVACY POLICY AND TERMS OF USE

The standard privacy policy and terms of use of LIBOR and MLSLI as the same presently exists and as it is amended and modified from time to time is incorporated herein and made a part hereof by reference as if said policy and terms of use were here restated at length.

6. GOVERNING LAW

In the event of any dispute arising out of these laws of use or the actual use of the REALTOR STORE ONLINE the same should be resolved by applying the laws of the state of New York. You agree to indemnify, defend and hold harmless LIBOR and MLSLI from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your violation of these terms of use.

7. THIRD-PARTY CREDIT CARD SERVICES

LIBOR and MLSLI outsource to third party vendors certain aspects of the Realtor Store Online as it relates to the credit card payment of products over the internet. You acknowledge that by permitting such internet credit card services to be offered through the REALTOR STORE ONLINE, LIBOR and MLSLI are acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to LIBOR and MLSLI. You also acknowledge that these third party vendors may have their own terms of use and privacy policies and that it is your responsibility to access and read them. LIBOR and MLSLI are not responsible for the terms of use and privacy policies of these third party vendors, and you agree that LIBOR and MLSLI will not be held liable if you violate said policies. The third party vendors utilized by the REALTOR STORE ONLINE are as follows: Newtek, Paypal, Verisign, First Data Merchant Services Nashville. You may access their privacy policies and/or terms of use at their respective websites as follows: www.newtekbusinessservices.com; www.paypal.com; www.verisign.com; www.fdms.com.

 In order for LIBOR and MLSLI to offer the credit card services for the payment of products over the internet, you hereby grant LIBOR and MLSLI permission to disclose in their sole discretion any and all of the information that you provide to LIBOR and MLSLI to the above third party vendors.

Any information that you provide to LIBOR and MLSLI must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties.

LIBOR and MLSLI are not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party; (ii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services; and (iii) the content of the terms of use and privacy policy of any such third party. In the event that you have a dispute with any such third party, you release LIBOR and MLSLI and MLSLI.COM AND LIREALTOR.COM (and its affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8. COPYRIGHT INFRINGEMENT NOTICE

Pursuant to Title 17, United State code, Section 512© (2), notifications of claimed copyright infringement should be sent to the network Designated Agent.

GOLDSON, NOLAN, CONNELLY P.C.
CATHLEEN QUINN NOLAN, ESQ.
General Counsel and Designated Agent
145 Marcus Blvd. Ste. 4
Hauppauge, NY 11787
(631)236-4105
cqnesq@aol.com