BY ACCESSING THIS WEBSITE,
YOU AGREE TO THE TERMS OF THE FOLLOWING TERMS AND CONDITIONS OF
SITE USE AGREEMENT (AGREEMENT).
TERMS AND CONDITIONS
OF SITE USE AGREEMENT ("Agreement")
following terms and conditions govern use of this Site:
1. Definitions. "RANW" or the
"Association" shall mean the REALTORS® Association
of Northeast Wisconsin, Inc., its employees, officers, directors,
and all other persons or entities affiliated with RANW responsible
for creating, maintaining, and publishing this Site. "RANW
MLS" or "MLS" shall mean the REALTORS® Association
of Northeast Wisconsin Multiple Listing Service, Inc., its employees,
officers, directors, and all other persons or entities affiliated
with RANW MLS responsible for creating, maintaining, and publishing
this Site. "Content" shall mean all information or images
contained on the Site, including but not limited to, trademarks,
copyrights, advertisements, data, text, graphics, photos, software
and video. "Site" shall mean the Internet site located
at the URL address http://www.ranw.org.
"User" shall mean any person or entity that accesses or
uses the Site in any manner.
2. Limited License for Personal and Non-Commercial
Use Only; Printing of Site Content. The Content of this Site
is copyrighted by RANW and/or RANW MLS or other persons and entities
that provide information to the Site. Users of this Site are granted
a limited nonexclusive license to use the Site and its Content for
personal use but not for any other use including political or commercial
use. Users may not use any Content, including Content which identifies
REALTORS® or other persons, their mailing addresses, telephone
numbers or e-mail addresses, except as authorized under the terms,
rules and policies of the Association and the MLS. Subject to the
restrictions above, Users may print or copy Content from this Site
that is copyrighted or owned by RANW or RANW MLS provided that such
copies are not modified or revised in any manner and include proper
notices indicating that the Content is copyrighted or owned by RANW
or RANW MLS (such as "Copyright© [Insert Year] REALTORS®
Association of Northeast Wisconsin"). In addition, any Content
which comes from pages of this Site that contain disclaimers must
be printed or copied with the disclaimer included in its entirety.
Except as permitted in this Agreement, Content
copyrighted or owned by RANW or RANW MLS may not be reproduced,
sold, transferred, modified, redistributed, retransmitted, published,
or exploited for any purpose without the express written permission
of RANW, RANW MLS, or appropriate owner of the information.
In the event a User wishes to print Content from
this Site, or other sites linked to from this Site, that is copyrighted
or owned by a person or entity other than RANW or RANW MLS, the
User must obtain permission from the appropriate owner to do so,
and Content may not be reproduced, sold, transferred, modified,
redistributed, retransmitted, published, or exploited for any purpose
without the express written permission of the appropriate owner
of the information.
3. Linking to and Framing this Site. Users
who create links to any page of the Site may not "frame"
any page of the Site for any purpose without the express written
consent of RANW.
4. Links to Third Party Sites; Accuracy of Content
on Linked Sites. Links to other sites operated by independent,
third parties exist on this Site. While RANW provides these links
as a service to Users, RANW does not control these linked sites
and RANW is not responsible for the content contained on these sites.
Unless otherwise indicated, RANW does not endorse, approve, or otherwise
warrant the accuracy of any information or content contained on
a linked site. User agrees that the sites, including information,
material, products and services therein, shall be used solely at
the User's own risk. Furthermore, once linked to another Web site,
personal information. If you are unsure if have moved to another
site, check the Uniform Resource Locator (URL) address provided
in your WWW browser.
5. Third Party References. RANW and RANW
MLS occasionally offer resource information on Third Party vendors
or businesses, or reference lists for technology or other services.
This information is intended only as a reference for our members,
or as a promotional benefit of affiliate membership. Neither RANW
nor RANW MLS endorse, approve, or otherwise warrant the performance
of any Third Party vendor or business referenced.
6. Accuracy of Information. Due to the rapidly
changing nature of the information contained in this and other sites,
and our reliance on information provided by outside sources, RANW
and RANW MLS make no representation, warranty or guarantee that
the Content of this site or any site to which we link has been verified
by RANW or RANW MLS, or that the Content at this site or linked
sites is accurate or reliable.
7. Modification of Terms And Conditions Of Site
Use Agreement. RANW reserves the right, in its sole discretion,
to modify or revise this Agreement at any time without giving notice.
The modifications shall be effective immediately upon posting of
the modified Agreement. Accordingly, User agrees to review the Agreement
periodically, and User's continued access or use of Site shall be
deemed User's acceptance of the modified Agreement.
8. DISCLAIMER REGARDING WARRANTIES. THIS SITE AND
THE INFORMATION, SOFTWARE AND OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE
FROM THIS SITE, IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. RANW DOES NOT WARRANT THAT THE SITE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE, THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL
AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
UNDER NO CIRCUMSTANCES SHALL RANW BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO
USE THE WEB SITE OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES
OR MERCHANDISE PROVIDED.
EXCEPTION: IF FOR ANY REASON THE LAW DOES NOT ALLOW
RANW TO LIMIT OR EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL
DAMAGES, IT IS AGREED BY THE USER AND RANW THAT RANW'S LIABILITY
TO THE USER FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY
KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT,
OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL
CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT
BE GREATER THAN THE AMOUNT THE USER PAID TO ACCESS THE SITE. EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY,
SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. RANW DOES NOT GUARANTEE
ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE.
9. Suspension or Termination of Access.
RANW reserves the right, in its sole discretion, to suspend or terminate
a User's access to the Site for any reason, including but not limited
to, a User's breach of this Agreement.
10. Violation of Membership Duties. Any
unauthorized use of the Website of the REALTORS® Association
of Northeast Wisconsin ("RANW"), including but not limited
information contained on the Website in a manner which violates
the membership duties of RANW or the Rules of RANW's Multiple Listing
Service, by members of RANW constitutes a violation of a membership
duty of RANW and the Rules of RANW's Multiple Listing Service. Members
shall be subject to immediate sanctions which may include fines,
immediate suspension and termination of membership in the REALTORS®
Association of Northeast Wisconsin and/or the RANW Multiple Listing
Service, injunction against the dissemination of any unauthorized
information, and damages as determined by the RANW Board of Directors
or a court of competent jurisdiction.
11. Indemnification. User agrees to defend,
indemnify and hold harmless RANW and RANW MLS from any and all liabilities,
losses, claims, costs, and expenses including, but not limited to,
reasonable attorney's fees, related to the User's violation of any
term of this Agreement or alleged illegal use of this Site.
12. Reservation of Rights. All rights not
expressly granted or addressed herein are reserved by RANW.
13. Choice of Law; Jurisdiction and Venue.
This Agreement and the resolution of any dispute related to this
Agreement or the Site shall be governed by and interpreted according
to the laws of the State of Wisconsin (without applying any applicable
conflict- of-law principles). RANW's failure to insist upon strict
enforcement of any provision of this Agreement shall not be construed
as a waiver of any provision or right. In the event a dispute arises
between User and RANW from this Agreement or use of the Site, such
dispute shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in the Western District of Wisconsin
(federal court) or Outagamie County, Wisconsin (state court).
14. User's Consent To Be Legally Bound To Agreement.
In consideration of being allowed to use the Site, you agree to
be bound by the terms and conditions of this Agreement. Use of the
Site in any manner shall constitute your acceptance of this Agreement
and your assent to be legally bound by this Agreement. If you do
not agree to be legally bound by all the terms and conditions of
this Agreement, you are strictly prohibited from accessing and/or
using this Site in any manner.
15. Severability. If any provision of this
Agreement is determined to be unlawful, void or unenforceable, it
will not affect the validity and enforceability of any remaining