The WebSite includes links to third party websites and upon clicking on the hyperlinks will direct you to third party websites (“Third Party Sites”). These include sites of:
• Independent Touber Properties sales associates affiliated with Touber Properties;
• Service providers who have a relationship with Touber Properties, some of whom are permitted to display a Touber Properties logo pursuant to a co-branding arrangement; and
• Other Third Party service providers.
Third Party Sites are not under the control Touber Properties, and Touber Properties is not responsible, without limitation, for the content of these Third Party Sites, including, the accuracy, adequacy, correctness, authenticity, integrity, completeness, or timeliness of information thereof, or related to any link included therein, or any modifications or updates thereto. The insertion or access to Third Party Sites does not indicate an endorsement thereof by Touber Properties or of the provider of that kind of content or services, or of any third party website. Touber Properties possesses the right to eliminate any linking or linking application at any time.
The elements furnished through the Web Site including, but not limited to, all information, messages, text, images, illustrations, photos, files, designs, copyrighted material, icons, trademarks, catalogs, specifications, technical information, literature, advertisements, and other materials or content on the WebSite, as well as the layout and organization of the WebSite, are globally copyrighted and are protected by United States and treaty provisions and international copyright laws. You may access, download and print materials on the WebSite only for your personal and non-commercial use, notwithstanding, any print out of the WebSite, or parts of the WebSite, must contain the specific notice of copyright from the owner of such elements or materials. You may not copy, republish, reproduce, print, upload, download, post, distribute and/or exploit or transmit the information or content contained on the WebSite for commercial application in any way (including via e-mail or other electronic means) without the prior written consent of Touber Properties. You agree that Touber Properties may, in its sole discretion and at any moment, cancel your access to and use of the WebSite, or any portion thereof, with or without notice.
Except for precisely defined written agreement from Touber Properties, you may not, and agree that you will not:
• Distribute, reproduce, copy, modify, create derivative works from, publish, transmit, display, license, use on any other website, transfer or sell any information obtained from this WebSite, or frame in another website any part obtained from this WebSite;
• Use or allow others to use the WebSite in any way that could impair, disable, overburden, or damage the WebSite or intervene with any other party’s use and pleasure of the WebSite;
• Use or allow others to use the WebSite to try to decipher, decompile, reverse engineer or disassemble any or all of the HTML code or software comprising, or in any means making up, a portion of this WebSite;
• Use or allow others to use the WebSite to break any relevant local, state, national or international laws or regulations;
• Use or allow others to use the WebSite to contact Touber Properties clients, sales associates, or agents for purposes other than aiding you or others with your real estate needs, such as for selling unrelated services or marketing unrelated products;
• Accessing or attempting to access password protected areas, secure or non-public areas of the WebSite;
• Generate links from any website or webpage to any page within the WebSite without the prior written consent of Touber Properties. You agree that if Touber Properties, in its sole and unrestricted discretion, requests in writing via email, mail, or fax that you remove any link or links to the WebSite, you will immediately carry out such request.
The trademarks and service marks displayed or used on the WebSite are service marks or trademarks of Touber Properties or a third party, which may be recorded in the United States, Canada or other jurisdictions. None of these service marks or trademarks may be used in any means without receiving the prior express written approval of the owner of the mark.
THE CONTENT, SERVICES, DATA AND INFORMATION PROVIDED THROUGH THIS WEBSITE ARE PROVISIONED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU SPECIFICALLY AGREE THAT THE USE AND VISIT OF THIS WEBSITE IS OF YOUR OWN CHOICE AND YOU ACKNOWLEDGE YOUR RISK INCLUDING THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SOFTWARE AND HARDWARE SYSTEM FOR ANY LOSS OF DATA OR INFORMATION WHICH RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL ON THE WEBSITE.
TOUBER PROPERTIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, APPROPRIATENESS, CORRECTNESS, SUFFICIENCY, VALUE, VERACITY, TIMELINESS OR COMPLETENESS OF THE CONTENT, OPINIONS, INFORMATION, SERVICES, ADVICE, GRAPHICS, TEXT, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEBSITE. TOUBER PROPERTIES EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS, EITHER IMPLIED OR EXPRESSED, INCLUDING, WITHOUT LIMITATION, NO INFRINGEMENT, WARRANTIES OF TITLE, AND OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES OF MERCHANT ABILITY.
Limitation of Liability
IN NO INCIDENT SHALL TOUBER PROPERTIES OR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, AFFILIATES, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION, DATA OR SERVICES FOR THE WEBSITE BE LIABLE TO YOU FOR ANY EXPENSE, LOSS OR DAMAGES WHATSOEVER COMMENCING OUT OF THE USE OF THE WEBSITE, OR FAILURE TO USE THE WEBSITE, WITHOUT REGARD TO:
• THE VARIETY OF DAMAGES (INCLUDING BUT NOT LIMITED TO INDIRECT, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST REVENUE OR LOST PROFITS – EVEN IF TOUBER PROPERTIES HAS BEEN INFORMED OF THE CHANCE OF SUCH DAMAGES);
• HOW IT WAS PRODUCED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS IN THE CONTENT, EXISTENCE OR RELIANCE UPON SUCH CONTENT, BY THE USE, INFORMATION, DATA OR SERVICES, BY THE IMPLEMENTATION OF OR FAILURE TO PROVIDE SERVICES, BY THE USE OR EXECUTION OF THE WEBSITE, BY THE SERVICES OR INFORMATION PROVIDED THROUGH THE WEBSITE, OR OTHERWISE ACTIVATED OUT OF THE USE OR VISITING OF THE WEBSITE); OR
• THE LEGAL THEORY ASSERTED (TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE).
The above limitation may not apply to you, as various states/jurisdictions do not allow the suspension or limitation of liability for consequential or random damages.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TOUBER PROPERTIES, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS, AFFILIATES AND ALL THIRD PARTIES THAT PROVIDE INFORMATION, CONTENT OR SERVICES AND RELATED SERVICES FOR THE WEBSITE, FROM, AS WELL AS AGAINST, ANY AND ALL CLAIMS, DEMANDS, SUITS, LIABILITIES, LOSSES, PROCEEDINGS, COSTS AND EXPENSES, AND DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, DISBURSEMENTS, ARBITRATION COSTS OR COURT COSTS MADE BY ANY THIRD PARTY DUE TO OR COMMENCING OUT OF YOUR VISIT OR USE OF THE WEBSITE.
Touber Properties may cancel your access to and use of the WebSite, or any part thereof, with or without notice.