Furthermore, by using any of the pages of the OneKeyMLSNY.com website, you acknowledge that OneKey™ MLS is NOT a real estate broker, mortgage broker, or mortgage lender and does NOT aid or assist borrowers in obtaining loans, solicit borrowers or lenders for, negotiate or make loans secured by liens or real property
“OneKey™ MLS” shall mean The OneKey™ MLS, its employees, officers, directors, and all other persons or entities affiliated with OneKey™ MLS responsible for creating, maintaining, and publishing this Site. “Content” shall mean all materials, information and images contained on the Site, including but not limited to, trademarks, copyrightable material, advertisements, data, text, graphics, files, photos, software and video. “Site” shall mean the Internet site located at the URL address https://www.OneKeyMLSNY.com. “User” shall mean any person or entity that accesses or uses the Site in any manner.
The OneKeyMLSNY.com website is owned by the OneKey™ MLS (OneKey™ MLS) which conducts its business at 300 Sunrise Highway, West Babylon, New York 11704. This Site contains information which has been provided by REALTORS who are participants in the OneKey™ MLS. These REALTORS have obtained this information either from the owners of the properties displayed on the Site, public records (sometimes obtained through private, third party vendors), and observation. In addition, this Site contains information provided to OneKeyMLSNY.com from a variety of sources including other public websites, quasi public websites, private not-for-profit websites and business-for-profit websites. The information and/or content displayed on OneKeyMLSNY.com are not guaranteed accurate by OneKey™ MLS.
ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEBSITES OR WEB PAGES WITHIN THE OneKeyMLSNY.com WEBSITE.
NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS. These are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
3. GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE OneKeyMLSNY.com WEBSITE
B. If and when requested by OneKey™ MLS you agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of OneKey™ MLS, you agree that you will not access or attempt to access password protected, secure or non-public areas of the OneKeyMLSNY.com website. Unauthorized individuals attempting to access prohibited areas of the OneKeyMLSNY.com website may be subject to prosecution.
C. The origin of any link to the OneKeyMLSNY.com website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the OneKeyMLSNY.com website home page. For example, prominently positioning the OneKeyMLSNY.com name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the OneKeyMLSNY.com name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between OneKeyMLSNY.com, on the one hand, and you or any other person or entity, on the other hand. You agree that if OneKey™ MLS, in its sole and unfettered discretion, requests in writing that you remove any link or links to the OneKeyMLSNY.com website, you will promptly do so. You agree that if you create any link to the OneKeyMLSNY.com website that you will not employ any technology that results in the placement of content from the OneKeyMLSNY.com website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the OneKeyMLSNY.com website from how it would appear if a user typed in the OneKeyMLSNY.com URL to a typical browser line.
4. INFORMATION PROVIDED TO YOU THROUGH THE OneKeyMLSNY.com WEBSITE FROM OneKey™ MLS.
A. The OneKeyMLSNY.com website contains information, including, but not limited to OneKeyMLSNY.com Content. OneKeyMLSNY.com presents and makes available such content and information through the OneKeyMLSNY.com website as a public service, for the sole purpose of aiding you, the individual consumer. OneKeyMLSNY.com, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.
B. OneKey™ MLS has made no investigation as to the listing information set forth on the OneKeyMLSNY.com site. With respect to such information, OneKeyMLSNY.com believes that the same is reasonably accurate and truthful, but does not guarantee the accuracy and truthfulness thereof.
C. The OneKeyMLSNY.com website you are about to enter also contains links to other websites maintained by other organizations both public and private. OneKey™ MLS has not made an independent investigation to ascertain whether or not the information contained in said sites is accurate.
D. OneKey™ MLS takes reasonable steps to maintain the accuracy and update the Content on the Site. However, OneKey™ MLS does not make any representations or warranties regarding the accuracy of the Content, nor does OneKey™ MLS make any commitment to update the Content. OneKey™ MLS reserves the right in its sole discretion to add, remove or otherwise modify the Content and the Site at any time without notice.
E. The Content and information provided on the Site is for informational purposes only. The information should not be construed as a recommendation by OneKey™ MLS for any course of action regarding financial, legal, or accounting matters. It is not meant as a substitute for professional advice from a qualified legal, accounting or financial professional.
5. INFORMATION PROVIDED TO YOU FROM lirealtor.com LINKS TO OTHER SITES.
A. For your convenience, the OneKeyMLSNY.com website contains content and information from links to affiliate websites (“Affiliate Content”). Such content is not under the control of OneKey™ MLS and it is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. OneKeyMLSNY.com is providing such content to you only as a convenience and the inclusion of such content does not imply endorsement by OneKey™ MLS or OneKeyMLSNY.com of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO OneKeyMLSNY.com CONTENT AND AFFILIATE CONTENT, PROVIDED BY OneKey™ MLS THROUGH THE OneKeyMLSNY.com WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OneKey™ MLS AND OneKeyMLSNY.com MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. OneKey™ MLS AND OneKeyMLSNY.com EXPRESSLY DISCLAIM 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. OneKey™ MLS AND OneKeyMLSNY.com SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OneKeyMLSNY.com WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
7. TO OneKeyMLSNY.com
8. SERVICES PROVIDED THROUGH THE OneKeyMLSNY.com WEBSITE
OneKeyMLSNY.com provides through the OneKeyMLSNY.com website a number of venues in which interactive services (“Interactive Services”), such as online calculators, planning tools, and checklists, are offered to you. Such services are offered by OneKeyMLSNY.com for the sole purpose of disseminating information for the public’s benefit. OneKeyMLSNY.com cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH OneKeyMLSNY.com INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. OneKey™ MLS AND OneKeyMLSNY.com MAKE NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACITY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. OneKey™ MLS AND OneKeyMLSNY.com EXPRESSLY DISCLAIM 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 WITH REGARD TO SUCH SERVICES. OneKey™ MLS AND OneKeyMLSNY.com SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL OneKey™ MLS OR OneKeyMLSNY.com BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
9. FORUMS; RESPONSIBILITY FOR SUBMISSIONS; OneKey™ MLS’S RIGHT TO REMOVE SUBMISSIONS
From time to time a discussion forum, bulletin board, blog, chat area, news group, community, or other feature designed so that Users may upload data and images or communicate with others (“Forum”) may be made available to Users on this Site. OneKey™ MLS, in its sole discretion, reserves the right to review, control or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted in any forum (“Submissions”) as well as the right to refuse to post any such Submission. OneKey™ MLS does not guarantee that it will review every submission, nor does OneKey™ MLS and OneKeyMLSNY.com guarantee the accuracy, legality or reliability of any submissions, and under no circumstances will OneKey™ MLS or OneKeyMLSNY.com be responsible or liable for Submissions, and Users are advised to investigate and evaluate Submissions prior to relying on any of them. Users understand that Submissions may be accessible to and viewed by the general public, therefore Users should exercise caution before including any personally identifiable information in a Submission.
USERS REPRESENT AND WARRANT THAT THEY HAVE THE LEGAL RIGHT AND/OR HAVE OBTAINED ALL LICENSES AND PERMISSIONS NECESSARY TO POST THE SUBMISSION, AND THAT THE SUBMISSION WILL NOT VIOLATE ANY LAW OR INFRINGE ON THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, PATENT, PRIVACY, FAIR HOUSING LAWS, OR PUBLICITY RIGHTS. USERS SHALL NOT POST ANY SUBMISSION THAT IS DEFAMATORY, LIBELOUS, DISCRIMINATORY, SEXUALLY EXPLICIT, OBSCENE, INAPPROPRIATE, INDECENT, OR PROFANE, OR THAT IS DONE WITH THE INTENT TO HARASS, STALK, OR THREATEN OTHERS. USERS SHALL NOT USE SUBMISSIONS OR THE FORUM IN CONNECTION WITH SURVEYS, CONTESTS, PYRAMID SCHEMES, CHAIN LETTERS, JUNK E-MAIL OR SPAMMING. USERS SHALL NOT IMPERSONATE ANY OTHER PERSON WHEN POSTING A SUBMISSION OR CREATE A FALSE IDENTITY TO MISLEAD OTHERS. OneKey™ MLS HAS THE RIGHT, AT OneKey™ MLS’S SOLE DISCRETION, TO COPY REPRODUCE, DISTRIBUTE, TRANSMIT, AND DISPLAY SUBMISSIONS AT ANY TIME WITHOUT CONSIDERATION, AND OneKey™ MLS HAS THE RIGHT TO DELETE ANY SUBMISSION AT ANY TIME WITHOUT NOTICE. USERS AGREE TO INDEMNIFY, DEFEND AND HOLD OneKey™ MLS AND OneKeyMLSNY.com HARMLESS FROM ANY CLAIMS, ACTIONS, LIABILITIES, LOSS, COSTS, DAMAGES, OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM THE USER’S SUBMISSIONS. SUBMISSIONS MAY NOT CONTAIN ANY ADVERTISEMENTS OR SOLICITATIONS WITHOUT OneKey™ MLS’S PRIOR WRITTEN CONSENT.
OneKey™ MLS AND OneKeyMLSNY.com DISCLAIM RESPONSIBILITY AND LIABILITY FOR THE CONTENT AND OPINIONS EXPRESSED BY USERS AND/OR OTHERS ON THE SITE INCLUDING, BUT NOT LIMITED TO, CONTENT OR OPINIONS REGARDING ANY PRODUCTS OR SERVICE MENTIONED ON THE SITE.
Each Forum may have rules particular to that Forum, and Users agree to abide by those rules when participating in that Forum. OneKey™ MLS reserves the right to limit or terminate access to Forums at any time for any reason without notice.
10. THIRD-PARTY SERVICES.
A number of commercial services, such as shopping and contractor services, are offered by third parties through the OneKeyMLSNY.com websites. You acknowledge that by permitting such services to be offered through the OneKeyMLSNY.com websites, OneKeyMLSNY.com is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to OneKeyMLSNY.com. In order for OneKey™ MLS and OneKeyMLSNY.com to distribute your information and facilitate contacts between you and such third parties, you hereby grant OneKey™ MLS and OneKeyMLSNY.com permission to disclose any and all of the information that you provide to OneKeyMLSNY.com and/or OneKey™ MLS to any such third party that OneKey™ MLS and OneKeyMLSNY.com, in its sole discretion, deems relevant and appropriate.
Any information that you provide to OneKey™ MLS and/or OneKeyMLSNY.com must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through the OneKeyMLSNY.com websites unless you intend, in good faith, to contract with such third party for the use of such service.
OneKey™ MLS and OneKeyMLSNY.com are not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release OneKey™ MLS and OneKeyMLSNY.com (and its affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Advertisement banners and other forms of advertising, including but not limited to the home services directory, exist on the Site. However, OneKey™ MLS and OneKeyMLSNY.com are not responsible for the claims or representations made by any advertiser on the Site nor are OneKey™ MLS and/or OneKeyMLSNY.com responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by OneKey™ MLS or OneKeyMLSNY.com in any respect unless expressly indicated otherwise.
12. MODIFICATION OF AGREEMENT.
13. SUSPENSION OR TERMINATION OF ACCESS.
OneKey™ MLS 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. OneKey™ MLS may change, suspend or discontinue any aspect of the services provided at the Site at any time without notice or liability, including the availability of any feature, blog, database or content.
User agrees to defend, indemnify and hold harmless OneKey™ MLS and OneKeyMLSNY.com from all actions, liabilities, losses, claims, damages, costs, and expenses including but not limited to reasonable attorney’s fees, resulting from the User’s violation of any term of this Agreement or alleged illegal use of this Site.
15. LANGUAGE TRANSLATION DISCLAIMER.
The official language for the content of the OneKey™ MLS’s (OneKey™ MLS) website, www.OneKeyMLSNY.com, is English. A translation service provided by Immobil is available through links provided that offer immediate translation of some of our webpage content using Immobil’s software. Computerized translations are only an approximation of the website’s original content. The translation should not be considered exact and in some cases may include incorrect or offensive language. OneKey™ MLS does not warrant the accuracy, reliability, or timeliness of any information translated by this system and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. Any person or entity that relies on information obtained from the system does so at his or her own risk.
16. GENERAL TERMS.
This Agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New York, County of Suffolk and/or Eastern District of New York in all disputes arising out of or relating to the use of the OneKeyMLSNY.com websites. Use of the OneKeyMLSNY.com websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OneKey™ MLS/OneKeyMLSNY.com as a result of this Agreement, or the use of the OneKeyMLSNY.com website. OneKeyMLSNY.com’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of OneKeyMLSNY.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the OneKeyMLSNY.com website or information provided to or gathered by OneKeyMLSNY.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and OneKey™ MLS/OneKeyMLSNY.com with respect to the OneKeyMLSNY.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and OneKey™ MLS/OneKeyMLSNY.com with respect to the OneKeyMLSNY.com website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OneKey™ MLS AND OneKeyMLSNY.com, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
You agree to indemnify, defend and hold harmless OneKey™ MLS, OneKeyMLSNY.com, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your violation of this Agreement.
All materials on the OneKeyMLSNY.com websites (as well as the organization and layout of the OneKeyMLSNY.com websites) are owned and copyrighted or licensed by OneKey™ MLS and/or OneKeyMLSNY.com, its affiliates or its suppliers and licensors. (c) 1999, 2000 Copyright OneKey™ MLS All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the OneKeyMLSNY.com websites is permitted without the written permission of OneKey™ MLS. Any rights not expressly granted herein are reserved.
17. 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 AS SET FORTH ABOVE. 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.