Terms of Use
1. Definitions.
"Williamsoncountyrealtors.org" is the on-line web site operated by Williamson County Association of REALTORS® ("WCAR") on the World Wide Web of the Internet, consisting of information services and content provided by WCAR and other third parties. "Subscriber" means each person who establishes or accesses a connection for access to and use of WCAR web site.
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to use of Williamsoncountyrealtors.org sets forth the terms and conditions that apply to use of WCAR by Subscriber. By using WCAR (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use WCAR is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) WCAR shall have the right at any time to change or discontinue any aspect or feature of Williamsoncountyrealtors.org, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
WCAR shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of Williamsoncountyrealtors.org, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Williamsoncountyrealtors.org, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Williamsoncountyrealtors.org by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF WILLIAMSONCOUNTYREALTORS.ORG IS AT SUBSCRIBER'S SOLE RISK. NEITHER WCAR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WILLIAMSONCOUNTYREALTORS.ORG WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WILLIAMSONCOUNTYREALTORS.ORG, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WILLIAMSONCOUNTYREALTORS.ORG.
(B) WILLIAMSONCOUNTYREALTORS.ORG IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT WCAR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL WCAR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WILLIAMSONCOUNTYREALTORS.ORG, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WILLIAMSONCOUNTYREALTORS.ORG. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON WILLIAMSONCOUNTYREALTORS.ORG.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WCAR, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WCAR INTERACTIVE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. WCAR, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, WCAR, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
5. Monitoring.
WCAR shall have the right, but not the obligation, to monitor the content of Williamsoncountyrealtors.org, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by WCAR and to satisfy any law, regulation or authorized government request. WCAR shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Williamsoncountyrealtors.org. Without limiting the foregoing, WCAR shall have the right to remove any material that WCAR, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
6. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless WCAR, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Williamsoncountyrealtors.org by Subscriber or Subscriber's Account.
7. Termination.
Either WCAR or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, WCAR shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which WCAR, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.
8. Trademarks.
WCAR and each of their logos are trademarks of Williamson County Association of REALTORS®. All rights reserved. All other trademarks appearing on Williamsoncountyrealtors.org are the property of their respective owners.
9. Miscellaneous.
This Agreement and any operating rules for Williamsoncountyrealtors.org established by WCAR constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.