1. Information Collection
(a) UCBR is the sole owner of the information collected on the Site. UCBR only has access to and collects information that you voluntarily give us.
(b) The kind of information that UCBR collects from you will vary, depending on how you use the Site. Sometimes UCBR will collect personally identifiable information (“Personal Information”). For example, if you choose to take advantage of the UCBR Member Services content or the Hudson Valley Catskill Region MLS, you may be asked to provide information such as a user name and password, your real name, e-mail address, phone number, and address.
(d) Finally, as you visit our Site, be aware that third parties may at times be able to gather information from you. For example, third party marketing companies and ad servers may use their own cookies, and companies offering products or services through UCBR Sites may use their own cookies and may collect and use the information you submit. In these cases, the third parties may use your information according to their own privacy policies, which may differ from this Policy.
2. Information Use and Sharing
(a) UCBR uses the information to understand your needs and provide you with better services, and may use the information for purposes such as: improve and customize the content and layout of our Sites and other communications tools; send you e-mail news updates; notify you of relevant products and services; track usage of our Sites; provide more relevant advertising on other websites; notify you of upcoming UCBR events and programs; keep internal records; and other such purposes.
(b) The use of your information depends on the context in which it is collected.
(c) Additionally, we will disclose Personal Information when we believe in good faith that such disclosures
(i) are required by law, including, for example, to comply with a court order or subpoena, or
(ii) will help to: enforce our policies; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Site(s) or third parties.
(d) UCBR will never sell your information.
(e) The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Use of any such linked site is at the user’s own risk.
3. Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the UCBR, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
The UCBR name and all related names, logos, product and service names, designs and slogans are trademarks of the UCBR or its affiliates or licensors. You must not use such marks without the prior written permission of the UCBR. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
4. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the UCBR nor any person associated with the UCBR makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the UCBR nor any anyone associated with the UCBR represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error –free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. The UCBR hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
5. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless UCBR (and its members, directors, officers, employees, service providers, representatives, and agents) against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that they may incur based on claims arising out of (1) your use of our Site or products obtained through it, or (2) a violation of this Policy. UCBR reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification. You agree to provide UCBR with whatever cooperation UCBR reasonably requests.
If a court of competent jurisdiction determines that any provision of this Policy are unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law. In the event a court having jurisdiction over the parties holds any provision of this Agreement invalid or unenforceable, the parties shall negotiate in good faith to replace the invalid or unenforceable provision, if possible, with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
8. Applicable Law
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the United States, New York and whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be United States, New York.
9. Contact Information
Ulster County Board of REALTORS®
Kingston, New York 12401