WHAT YOU SHOULD KNOW
This web site (“Site”) provides you with access to [residential][commercial] real
estate products/services and related links (the "Content") solely for
Coldwell Banker Gundaker your personal non-commercial use. Please read
your use of this Site. These Terms shall govern your use of the Site and apply
to all Internet traffic visiting the Site. The Terms are meant to protect all of
our Site visitors and your access and use of this Site signifies your agreement
with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE.
Coldwell Banker Gundaker ("Coldwell Banker Gundaker",
"We", "Us", "Our") 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 Site after we have posted such modifications,
alterations or updates you agree to be bound by such revised Terms.
In accordance with our goals, this Site will permit you to link to many other
web sites, that may or may not be affiliated with this Site and/or
or contain terms in addition to, the terms specified here. Your access to such web
and policies of those sites, not this Site.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Site is controlled and operated by Coldwell Banker Gundaker,
1 Campus Drive, Parsippany, New Jersey 07054,. All content on this 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 Coldwell Banker Gundaker 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 Coldwell Banker Gundaker. Content on this 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. You may not otherwise 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 Coldwell Banker Gundaker or the Providers. You may request
consent by faxing a request to Coldwell Banker Gundaker’s Legal Department
at (973) 407-5059. Without the prior written consent of Coldwell Banker Gundaker
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 your personal non-commercial use, violates our rights and/or the Provider copyrights,
trademarks or service marks and other proprietary rights, and is prohibited.
As a condition to your use of this Site, you warrant to Coldwell Banker Gundaker
that you will not use our 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 Site immediately terminates
without the necessity of any notice. Coldwell Banker Gundaker retains the right to
deny access to anyone at its discretion for any reason, including for violation of these Terms.
You may not use any trademarks, service marks or copyrighted materials appearing on this 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 Site without prior written consent of
Coldwell Banker Gundaker.
The real estate offerings and information set forth on this Site are subject to errors,
omissions, changes, or withdrawal without notice. All dimensions are approximate and have
not been verified by the selling party and cannot be verified by us. It is recommended that
you hire a professional in the business of determining dimensions, such as an appraiser,
architect or civil engineer, to determine such information.
You are specifically prohibited from use of this Site and you agree not to use, or permit
others to access and/or use, this Site, for any of the following: (a) take any action that
imposes an unreasonable or disproportionately large load on the 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 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, or other automatic or manual device or process to search, monitor
or copy Our Site pages, or the Content without Our prior written permission, provided that
generally available third party web browsers such as Microsoft Internet Explorer® , Firefox®,
Safari® and Google Chrome®, may be used without such permission.
This 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 Coldwell Banker Gundaker's control,
and Coldwell Banker Gundaker is not responsible for, and does not endorse,
such content, whether or not Coldwell Banker Gundaker is affiliated with the owners
of such Linked Sites. You may not establish a hyperlink to this Site or provide any links
that state or imply any sponsorship or endorsement of your web site by Coldwell Banker
Gundaker, 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,
COLDWELL BANKER GUNDAKER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NEITHER COLDWELL BANKER GUNDAKER, 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. COLDWELL BANKER
GUNDAKER 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 COLDWELL BANKER
GUNDAKER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER COLDWELL BANKER GUNDAKER,
NOR ITS AFFILIATED OR RELATED ENTITIES, NOR THE 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, COLDWELL BANKER GUNDAKER 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 COLDWELL BANKER
GUNDAKER IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS, SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH
JURISDICTIONS, COLDWELL BANKER GUNDAKER'S LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Coldwell Banker Gundaker,
its affiliates and the Providers, its and their officers, directors, employees, 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 Coldwell Banker Gundaker, its
affiliates and the Providers, its and their officers, directors, employees, 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.
Unless otherwise specified, the Content contained in this Site is presented solely for your
convenience and/or information. This Site is controlled and operated by Coldwell Banker
Gundaker from its offices within Parsippany, NJ. Those who choose to
access this 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 Site in violation of any applicable laws.
These Terms shall be governed by, construed and enforced in accordance with the laws
of the State of New Jersey, without regard to any conflict of laws principles,
as they are applied to agreements entered into and to be performed entirely within
such State. Any action you, any third party or Coldwell Banker Gundaker
brings to enforce these Terms, or in connection with any matters related to this Site,
shall be brought only in either the state or Federal courts located in and for 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.
The provisions and conditions of these Terms, and each obligation referenced herein,
represent the entire Agreement between Coldwell Banker Gundaker,
its affiliated or related entities, and you, and supersede any prior agreements
or understandings not incorporated herein. In the event that any inconsistencies
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COLDWELL BANKER GUNDAKER.