TERMS OF USE
Sellsius° LLC and its individual owners, Joseph G. Ferrara, Esq. and Rudolph D. Bachraty II (two really nice guys who are trying to do something good for others). Only use the site if you agree to all these terms. Site means everything contained within the website known as SellsiusRealEstate.com, including but not limited to functionality and bandwidth.
Short Version: In a nutshell, but not complete (the lawyer made us add that part).
1.You will not to use the site to do anything illegal. Illegal means anything that can get you sued or arrested.
2. You will not do hurtful or annoying things like spamming, personal attacks (you can be angry and call someone an idiot, just don't bring their mother into it), gathering contact info from members, and other stuff you wouldn't want others doing to you (or to your mom).
3. You will not take other people's stuff on the site and call it your own. That includes their names, emails or listings.
4. Like riding the rollercoaster, you agree to use the website at your own risk. You agree that Sellsius is not responsible for anything posted by others (members, users or third parties) and undertand we are making no promises to you about anything on the site. We don't prescreen or approve any content. If someone broke the law or caused you a loss, you agree to sue them, not us. Heck, what do you expect for nothing? But to be serious for a second, we will give any member the boot and ban them if they screw with you in a big way. We're not talking typos or innocent mistakes. We're talking really bad guys that we wouldn't trust alone with our mothers.
5. If you object to anything we said or did, including the stuff in the Long version below, or if we didn't make you happy or you think we stink, you agree that your only recourse is to stop using the site. We're really sorry if we made you unhappy or if we stink, but we'll try to get better.
Long Version: Warning: Do not operate heavy equipment after reading.
IMPORTANT: All information ("content") of any kind, including but not limited to, text, photographs, images, logos, video, links, emails, forum posts, comments, articles, profiles, listings, ads, was created by site members or other third party users (collectively "users"), and not by Sellsius. As such, Sellsius does not guarantee or warrant in any way whatsoever, the truth, accuracy or completeness, or safety of any content on the Site or the reliability of the User. You agree to determine for yourself the truth, accuracy and completeness of the content you see or read on the site, the reliability of the user and you agree to use the Site and the content at your own risk, agreeing not to hold Sellsius responsible in any way whatsoever for any loss, damage or expense in connection with your use of the Site, the content therein or the act or omission of any user. Sellsius offers you to use the site based on this understanding and agreement.
Privacy
Please review our privacy policy to understand that we do not reveal your personal information to third parties.
What Sellsius Does
Sellsius provides a venue for the collection of online resources for users, which is submitted and uploaded by others. Sellsius provides users with a revocable license to access and use the Site. Sellsius may revoke said access for any reason it deems, in its sole discretion, is contrary to its terms of use, Code of Ethics (for members), or the spirit of same.
User Account and Password Security
"User" includes a Sellsius member. Once you become a user of the Service, you may receive a password and an account (My Sellsius). You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account.
Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such content ("Content") originated and Sellsius does not control, and is not responsible for it in any way. Sellsius does not screen or preapprove any content. Originators of the content are entirely responsible for all Content posted, emailed or otherwise make available via the Site. You understand that Sellsius does not control, and is not responsible for Content made available through its Site, and that by using this Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that Sellsius does not pre-screen or approve Content, but that Sellisu shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the Terms or for any other reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Sellsius be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the site.
Links and Third Party Sites
Users will see links to third party sites and resources over which Sellsius has no control or knowledge of said third party sites' content. These links are completley independent of Sellsius. Sellsius is not responsible for where the links lead and does not endorse or recommend them. Sellsius is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. Sellsius makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site, or whether they are free from viruses or will adversely affect your computer. You understand and agree that your linking to any other sites is at your own risk. You agree to evaluate and bear the risk of linking.
Conduct
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Sellsius official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (h) intentionally or unintentionally violate any applicable local, state, national or international law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
Indemnity
You agree to indemnify and hold Sellsius, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.
Modification, Disruption and Termination of Service
Sellsius reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Sellsius shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You agree that Sellsius, in its sole discretion, may terminate your password, account, use of the Service or use of any other Sellisus service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Sellsius believes that you have violated or acted inconsistently with the letter or spirit of the Terms (or Code of Ethics, if you are a Member). Sellsius may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Sellsius may immediately deactivate or delete your content and all related information and files in your account and/or bar any further access to such account or the Site. Further, you agree that Sellsius shall not be liable to you or any third-party for any termination of your access to the Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELLSIUS EXPRESSLY DISCLAIMS 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. (b) SELLSIUS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SELLSIUS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SELLSIUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SELLSIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
User agrees that under no circumstance, AND IN NO EVENT, will Sellsius be liable for any damage, expense or loss beyond the refund of a Member's one year subscription fee.
Indemnification
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD SELLSIUS, AND ITS OWNER-MEMBERS, HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, CLAIMS, AND/OR EXPENSE ARISING OUT OF OR RELATING TO ALLEGATIONS OR CLAIMS BY THIRD PARTIES, USERS OR MEMBERS, IN CONNECTION WITH CONTENT ON THE SITE AND THE USE OF THE SITE
Copyright
You will not infringe on the copyright or trademark of any owner or licensee. All content is protected by United States and international copyright laws. Report copyright infringement to Sellsius at copyright@sellsiusrealestate.com or 425 Madison Avenue, 9th floor, New York, NY 10017.
Sellsius Trademarks
Sellsius, the Sellsius logo, and other marks indicated on our site are trademarks of Sellsius, LLC. Other Sellsius graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Sellsius, LLC. Sellsius' trademarks and trade dress may not be used in connection with any product or service that is not Sellsius', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Sellsius. All other trademarks not owned by Sellsius that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sellsius.
No Crawling, Scraping or Mining
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, unless expressly permitted in writing by Sellsius, which consent may be withdrawn at any time for any reason or no reason at all, without prior notice.
Abuse of the Site
You will take no action which will result in the Site crashing, being overburdened, adversely affecting its performance or usability, or increasing the costs of hosting or bandwidth.
Disputes with Other Users
If you have a problem or dispute with a user (which includes a member), you are solely responsible for its resolution and Sellsius is under no obligation to become involved. If such dispute results in ligiation you agree not to join Sellsius in such suit or sue Sellsius in connection with your dispute. If you do join or sue Sellsius, you agree to pay Sellsius' costs and expenses, including attorneys' fees, incurred by Sellsius to defend itself.
Arbitration, Choice of Law and Legal Venue
These terms are governed by the laws of the State of Delaware and any action against Sellsius must be arbitrated in the City, County and State of New York. In the event the arbitration clause is held unenforceable or for any subsequent legal action is allowed, then in such event the user consents to litigate all issues in the Supreme Court of the State of New York in the County of New York.
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