PLEASE
READ THESE TERMS OF SERVICE
CAREFULLY. BY USING THIS WEB
SITE, YOU AGREE TO THESE
TERMS OF SERVICE.
Welcome to
YeagerRealtyAssociates.com (the
"Site"), a service provided by
Yeager Realty Associates, Inc. ("YRA").
These Terms of Service may be
changed in the future without
further notice. Your continued use
of the Site after any such changes
constitutes your acceptance of the
new Terms of Service. Further, these
Terms of Service apply exclusively
to your access to, and use of, the
Site and are in addition to the
terms or conditions of any other
agreement you may have with YRA for
products, services or otherwise.
Privacy Policy
YRA believes in protecting user
privacy. Users of the Site should
refer to our
Privacy Policy for information
about how YRA uses and collects
information.
Copyright
All Site materials, including,
without limitation, the YRA logo,
design, text, graphics, other files,
and the selection and arrangement
thereof are Copyright © 2006 Yeager
Realty Associates, Inc. and/or its
suppliers ALL RIGHTS RESERVED.
Except as stated herein, none of the
material on the Site may be copied,
reproduced, distributed,
republished, downloaded, displayed,
posted or transmitted in any form or
by any means, including, but not
limited to, electronic, mechanical,
photocopying, recording or
otherwise, without the prior written
permission of YRA or the respective
copyright owner. Permission is
granted to display and use the
materials on the Site for personal,
noncommercial and informational use
only, provided that you may not,
without the permission of YRA or the
respective copyright owner, (a)
copy, publish, duplicate, or
distribute any materials, (b) modify
the materials or (c) remove or alter
any copyright or other proprietary
notices contained in the materials.
Site Access
YRA allows you to make personal
use only of the Site. Such use does
not include, without limitation: (a)
any resale or commercial use of the
Site or content therein; (b) making
derivative uses of the Site or its
contents; or (c) use of any data
mining, robots or similar data
gathering and extraction methods.
You are not conveyed any right or
license by implication, estoppel or
otherwise in or under any patent,
trademark, copyright or proprietary
right of YRA or any third party.
You may not use framing
techniques to enclose any YRA
trademark, logo or other proprietary
information (including the images
found at the Site, the content of
the Site, or the layout/design of
any page or form contained on a
page) without YRA's express written
consent. Further, you may not use
any meta tags or any other "hidden
text" utilizing a YRA name,
trademark or product name without
YRA's express written consent.
Linking
You may create a hyperlink to the
Site provided such link and the
content associated with the link do
not portray YRA or any of its
products and services in a false,
misleading, derogatory or otherwise
defamatory manner. You may not use a
YRA logo or other proprietary
graphic or trademark of YRA to link
to the Site without the express
written permission of YRA. This
permission may be revoked at any
time.
YRA makes no claim or
representation regarding, and
accepts no responsibility for, the
quality, content, nature or
reliability of sites accessible by
hyperlink from the Site, or sites
linking to the Site. These linked
sites are not under the control of
YRA and YRA is not responsible for
the content of any linked site or
any link contained in a linked site,
or any review, changes or updates to
such sites. YRA is providing these
links to you only as a convenience,
and the inclusion of any link does
not imply affiliation, endorsement
or adoption by YRA of the site or
any information contained therein.
When leaving the YRA site, you
should be aware that YRA's terms and
policies no longer govern, and
therefore you should review the
applicable terms and policies,
including privacy and data-gathering
practices, of that site.
Use of the Site
In using the Site, you agree:
- Not to disrupt or interfere
with the security of, or
otherwise abuse, the Site, or
any services, system resources,
accounts, servers or networks
connected to or accessible
through the Site or affiliated
or linked Web sites
- Not to disrupt or interfere
with any other user's enjoyment
of the Site or affiliated or
linked Web sites
- Not to attempt to obtain
unauthorized access to the Site
or portions of the Site that are
restricted from general access
In addition, you agree that you
will comply with all applicable
local, state, national and
international laws and regulations
that relate to your use of or
activities on the Site. Furthermore,
YRA is not responsible for the
delivery or quality of any goods or
services sold or advertised by third
parties through or on the Site.
Intellectual Property Complaint
Procedure
If you believe that an item of
content infringes your intellectual
property in a material way, please
notify YRA and provide the following
information for each allegedly
infringing item of content:
- A physical or electronic
signature of the person
authorized to act on behalf of
the owner of the exclusive right
that is allegedly infringed.
- For copyright complaints, an
identification of the
copyrighted work claimed to have
been infringed. For trademark
complaints, proof of
registration of the underlying
mark, including registration
number. For patent or other
proprietary right complaints, a
list of allegedly infringed
materials.
- An identification of the
specific item of content that
you claim is infringing so that
we may locate it on the site.
- Your address, telephone
number and email address.
- A statement by you that you
have a good-faith belief that
the disputed use is not
authorized by the copyright or
other proprietary right owner,
its agent, or the law.
- A statement by you that the
above information in your notice
is accurate, made under penalty
of perjury, and that you are
authorized to act on behalf of
the owner of an exclusive right
that is allegedly infringed.
YRA can be reached at
TErmsofservice@yeagerrealtyassociates.com,
or by mail at:
Yeager Realty Associates,
Inc.
5 Triangle Road
Liberty, New York 12754-3305
In cases where YRA owns the
relevant item of content, YRA will
reply to complaints. In cases where
YRA has received the item of content
from a third party content provider,
YRA will pass complaints along to
that third party content provider
for evaluation and response.
Indemnification
You agree to indemnify and hold
harmless YRA from any claim, action,
demand, loss or damages (including
attorneys' fees) made or incurred by
any third party arising out of or
relating to your conduct, your use
of the Site or the services offered
thereon, your violation of these
Terms of Service, or your violation
of any rights of a third party.
Submissions
You agree that any materials,
including but not limited to
questions, comments, suggestions,
ideas, plans, notes, drawings,
original or creative materials or
other information, provided by you
in the form of email or other
submission to YRA are
nonconfidential and shall become the
sole property of YRA. YRA shall own
exclusive rights, including all
intellectual property rights, and
shall be entitled to the
unrestricted use of these materials
for any purpose, commercial or
otherwise, without acknowledgment or
compensation to you. The submission
of any materials to YRA irrevocably
waives any and all "moral rights" in
such materials, including the rights
of paternity and integrity.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE
SITE AND THE INFORMATION, SERVICES,
PRODUCTS AND MATERIALS AVAILABLE
THROUGH IT ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. YOU
EXPRESSLY AGREE THAT USE OF THE SITE
IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, , ITS
AFFILIATES, AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF
TITLE, OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NO ORAL OR
WRITTEN INFORMATION PROVIDED BY OR
ITS SUPPLIERS, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS,
PROVIDERS, MERCHANTS, SPONSORS,
LICENSORS OR THE LIKE SHALL CREATE A
WARRANTY; NOR SHALL YOU RELY ON ANY
SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF
THE SITE, INCLUDING ALL CONTENT,
DATA OR SOFTWARE DISTRIBUTED BY,
DOWNLOADED OR ACCESSED FROM OR
THROUGH THE SITE, IS AT YOUR SOLE
RISK. YOU UNDERSTAND AND AGREE THAT
YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR BUSINESS OR YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH
CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT DOES NOT
CONTROL IN ANY RESPECT ANY
INFORMATION, PRODUCTS OR SERVICES
OFFERED BY THIRD PARTIES ON OR
THROUGH THE SITE. EXCEPT AS
OTHERWISE AGREED IN WRITING, AND ITS
AFFILIATES ASSUME NO RESPONSIBILITY
FOR AND MAKE NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY,
CURRENCY, COMPLETENESS, RELIABILITY
OR USEFULNESS OF CONTENT OR PRODUCTS
DISTRIBUTED OR MADE AVAILABLE BY
THIRD PARTIES THROUGH THE SITE.
AND ITS SUPPLIERS MAKE NO
WARRANTY THAT THE SITE OR ITS
CONTENT WILL MEET YOUR REQUIREMENTS,
OR THAT THE SITE OR CONTENT WILL BE
UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, OR THAT DEFECTS, IF ANY,
WILL BE CORRECTED. AND ITS SUPPLIERS
DO NOT REPRESENT OR WARRANT THAT
MATERIALS IN THE SITE OR INFORMATION
PROVIDED BY VIA EMAIL OR OTHER MEANS
ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE. NOR DO OR ITS
SUPPLIERS MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED
FROM USE OF OR ITS CONTENT OR AS TO
THE ACCURACY, COMPLETENESS OR
RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH USE OF THE SITE.
AND ITS SUPPLIERS ASSUME NO
RESPONSIBILITY FOR ANY DAMAGES
SUFFERED BY A USER, INCLUDING, BUT
NOT LIMITED TO, LOSS OF DATA FROM
DELAYS, ERRORS, SYSTEM DOWN TIME,
NETWORK OR SYSTEM OUTAGES, FILE
CORRUPTION OR SERVICE INTERRUPTIONS
CAUSED BY THE NEGLIGENCE OF , ITS
AFFILIATES, ITS LICENSORS OR A
USER'S OWN ERRORS AND/OR OMISSIONS.
SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING
WITHOUT LIMITATION NEGLIGENCE, SHALL
OR ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS OR ANY
OTHER PARTY INVOLVED IN CREATING,
PRODUCING, TRANSMITTING, OR
DISTRIBUTING THE SITE OR RELATED
SERVICES BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES ARISING FROM
OR IN CONNECTION WITH THE USE OR
INABILITY TO USE THE SITE OR ANY
CONTENT PROVIDED BY OR THROUGH THE
SITE, OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR OTHER
INFORMATION THAT IS SENT OR
RECEIVED, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOST PROFITS, USE,
DATA OR OTHER INTANGIBLES, WHETHER
BASED ON CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OF
THE ABOVE MAY NOT APPLY TO YOU. IN
SUCH JURISDICTIONS, LIABILITY IS
LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
Applicable Law
These Terms of Service shall be
governed by and construed in
accordance with the laws of the
State of New York, without resort to
its conflict of law provisions. You
agree that any action at law or in
equity arising out of or relating to
these Terms of Service shall be
filed only in the Superior Court of
Sullivan County, New York, or the
United States District Court for the
Southern New York, and you hereby
irrevocably and unconditionally
consent and submit to the exclusive
jurisdiction of such courts over any
suit, action or proceeding arising
out of these Terms of Service.
Termination
Notwithstanding any of these
Terms of Service, YRA reserves the
right, without notice and in its
sole discretion, to terminate your
permission to use the Site, for any
or no reason, and to block or
prevent future access to and use of
the Site. YRA may, in its sole
discretion, discontinue or alter any
or all aspects of the Site or the
services offered thereon at any time
without notice.
Miscellaneous
If any provision of these Terms
of Service shall be deemed unlawful,
void or for any reason
unenforceable, then that provision
shall be deemed severable from these
Terms of Service and shall not
affect the validity and
enforceability of any remaining
provisions. These Terms of Service
constitute the entire agreement of
the parties with respect to the
subject matter hereof, and supersede
all prior or contemporaneous
communications and proposals,
whether oral or written, between the
parties with respect to such subject
matter. No waiver of any provision
or any right granted hereunder will
be effective unless set forth in a
written instrument signed by the
waiving party. No waiver by either
party of any breach or default
hereunder shall be deemed a waiver
of any subsequent breach or default.