Terms and Conditions

Terms and Conditions

Terms of Use

The following are the Terms and Conditions or "Terms" that govern use of this ExitRealtyHelena.com (as defined below) website (the "Site"), applications (“Apps”), and its data or services (“Services”). By using or visiting the Site, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site.

ExitRealtyHelena.com , Inc., its subsidiaries and/or affiliates ("ExitRealtyHelena.com") reserve the right to change these Terms at any time, effective immediately upon posting on the Site. If you violate these Terms, ExitRealtyHelena.com may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you. You agree that ExitRealtyHelena.com owns all intellectual property rights to all content and software on the Site.

The Terms and Conditions set forth herein apply to any and all Services provided by ExitRealtyHelena.com including any App that you download from any app store.  For any App, these Terms govern and are between you and ExitRealtyHelena.com and not the app provider. 

If you have comments, questions or requests please write to info@exitrealtyhelena.com.

Our Services

Our Services encompass an array of real estate-related products and services made available through our Site and Apps. These Services include real estate listings, real estate professional profiles, and advertisements. Some Services may be found on third-party websites or applications that those third parties control.

 

Nothing contained in our Services is an offer or a promise to sell or rent property or that any advertiser will sell the service or product described.  ExitRealtyHelena.com does not provide any real estate or home-related services and is not licensed to do so.  ExitRealtyHelena.com provides a platform on which licensed real estate professionals can connect with homeowners, potential renters, and roommates, and offer them their services.  ExitRealtyHelena.com makes no assurances that any listings are accurate and up to date.

 

  1. Permitted Use


Unless you use ExitRealtyHelena.com acting in your capacity as a real estate or lending professional, you agree that you are only authorized to visit and view pages of this Site for your own personal use. The professional use of real estate and lending professionals is limited to providing information to consumers and providing services on behalf of a consumer client, such as posting a rental property. Lending professionals and institutions are prohibited from using information provided by ExitRealtyHelena.com when making any decisions regarding loans or similar activities.

  1. Restrictions

Illegal and/or unauthorized uses of the Site, including, but not limited to unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated device on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. You agree that you will comply with any security processes and procedures (such as passwords) specified by ExitRealtyHelena.com with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a Site, which are not intended for general public access, unless ExitRealtyHelena.com has provided written authorization to do so.

You shall not duplicate, publish, modify or otherwise distribute the material on this Site for any purpose other than as set forth herein. You may only use the Site as permitted by law, including applicable export and re-export laws and regulations. The software on this Site and any content posted by ExitRealtyHelena.com on the Site is the property of ExitRealtyHelena.com and/or its suppliers and is protected by U.S. and international copyright laws. You agree that you will not remove, obscure or alter any legal notices displayed on the Site. You agree that you will not use the Site (i) in connection with or to promote any products, services, or materials, (ii) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or (iii) to post any information that disparages or defames any person or entity.

Live Webcam Use

ExitRealtyHelena.com also provides a Live Webcam Service, which allows potential roommates to interface directly with each other.  ExitRealtyHelena.com does not guarantee the appropriateness of the actions of any user of this function and is not liable for any misconduct that may happen.  If you are treated in any manner, which violates your rights, or is inappropriate and against these Terms and Conditions, please contact ExitRealtyHelena.com immediately so that we may investigate the situation and take appropriate action.

 

You agree that you will use this function in a manner consistent with these Terms.  You will not harass, act inappropriately, disobey any laws, use unscrupulous language, behave in an obscene or indecent manner, and will respect other Users of this function.  Any violation of this Term will subject you to removal from ExitRealtyHelena.com and possibly any appropriate legal action. 

Access & Interference


You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon, to access or capture data, or for any other unauthorized purpose without our prior express written permission of ExitRealtyHelena.com. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of ExitRealtyHelena.com.

  1. User Provided Materials, Privacy, and Account use

Certain functionality on this Site may require the use of a ExitRealtyHelena.com Account. You or your employer (“Customer”) may create your own ExitRealtyHelena.com Account or one may be assigned to you by ExitRealtyHelena.com. Customer is solely responsible for maintaining the security of the IDs and passwords, for insuring that none are made available for any purpose to anyone other than Customer's employees, and for insuring that employees do not share their specifically assigned IDs or passwords with anyone at all, or share a floating ID and password with anyone other than the Customer’s employees. If Customer wishes to revoke an access ID and password, which it may do at any time and must do immediately in the event of the termination of any employee using one, Customer will notify ExitRealtyHelena.com of such revocation. ExitRealtyHelena.com will invalidate the ID and password and, if requested by Customer, will provide replacements. If you suspect that someone else knows or has changed your password, please reset it so no one else can sign in to your account.

The Site may allow you to create or otherwise submit information, data, text, messages, or other materials ("User Content"). You may not place or send any User Content or information over this system that violates any law or infringes on the rights of any third party. For example, information known to fall under the requirements of the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) should not be placed on or sent over this system. In those instances where you store information that is intended to be used only by you (or someone representing you) and/or ExitRealtyHelena.com, ExitRealtyHelena.com claims no ownership or control over any User Content submitted, posted or displayed by you on or through the Site. You or a third party licensor, as appropriate, retain all patent, trademark and copyright rights to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate. When you enter, upload or otherwise submit

Licenses

User Content to the Site that is intended to be available to members of the public or others you have chosen to share it with, you give ExitRealtyHelena.com a worldwide license to use, host, store, reproduce, modify, communicate and distribute such User Content as intended. This license continues even if you stop using our Site (for example, User Content posted for a forum). ExitRealtyHelena.com reserves the right to delete or eliminate any User Content you provide that it deems improper or inappropriate. You represent and warrant you have the necessary rights to grant ExitRealtyHelena.com this license for all User Content submitted to the Site.

This content you provide shall not be paid for and all information provided if fully useable, sublicensable, and transferable under any and all intellectual property rights and laws.  We will not pay you or otherwise compensate you for any User Content that you provide.

You are hereby granted by ExitRealtyHelena.com license to use its Services and Apps in accordance with all ExitRealtyHelena.com policies including these Terms and Conditions.  Your use is bound by these Terms and you may not use the Services or Apps in any other manner or for any other purpose.  This license shall not be deemed to grant you any right or other interest in the Services or Apps.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  1. Third Parties

Links & Search Results


By using the Site to search for or link to another site, you agree and understand that you may not make any claim against ExitRealtyHelena.com for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.

Advertising

ExitRealtyHelena.com uses advertising as part of it’s funding.  As such, ExitRealtyHelena.com may use some of the information that you provide via use of its Services to assist ExitRealtyHelena.com in tailoring the advertisements and making them more relevant to you.  More information may be found on our Privacy Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

  1. Violation Of The Terms


You understand and agree that in ExitRealtyHelena.com 's sole discretion, and without prior notice, ExitRealtyHelena.com may terminate your access to the Site, or exercise any other remedy available if ExitRealtyHelena.com believes that your use is (i) inconsistent with these Terms or (ii) has violated the rights of ExitRealtyHelena.com, another user or the law. You agree that monetary damages may not provide a sufficient remedy to ExitRealtyHelena.com for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. ExitRealtyHelena.com may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

  1. Intellectual Property

Copyright


Unless otherwise specified, the copyrights in all copyrightable subject matter on the Site are either owned by ExitRealtyHelena.com or used lawfully by ExitRealtyHelena.com. To the extent that ExitRealtyHelena.com has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, ExitRealtyHelena.com grants you permission to copy or otherwise download from the Site, information and materials (including related graphics), provided:


  • The materials are for internal use only, and

  • Any copies of materials or portions thereof must include the copyright notice specified on the Site.

You may not copy or display for redistribution to third parties any portion of the Site without the prior written permission of ExitRealtyHelena.com. Documents posted by ExitRealtyHelena.com on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by ExitRealtyHelena.com or third parties. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user a license under any copyright, trademark, patent or other intellectual property right of ExitRealtyHelena.com or any third party.

Trademark


The ExitRealtyHelena.com name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of ExitRealtyHelena.com and may not be used in any manner without the prior written consent of ExitRealtyHelena.com. Other products and service marks are trademarks of their respective owners.

  1. Additional Terms

Personal Information

Our Privacy Policy governs your submission of personal information through the store.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Digital Millennium Copyright Act – Copyright Infringement
Pursuant the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on ExitRealtyHelena.com's system or network, should be promptly sent in the form of written communication to ExitRealtyHelena.com's Designated Agent:

Chris Storseth 
ExitRealtyHelena.com, Inc. 
Naples, FL 
Phone: (239) 431-1674
Email: admin@ExitRealtyHelena.com

All claims must include the following information:


  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Linking Policy Statement
User Policy – Outbound Linking Policy Statement 

Any link (including hyperlinks, buttons or referral devices of any kind) used on this or any other ExitRealtyHelena.com Web page is provided for the use and convenience of the visitor. The appearance of a link on this or any other ExitRealtyHelena.com Web page does not constitute an endorsement, recommendation or certification by ExitRealtyHelena.com, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with ExitRealtyHelena.com.

User Policy - Inbound Linking Policy Statement 

 

ExitRealtyHelena.com generally does not object to links to ExitRealtyHelena.com Web sites from third party sites. However, there are certain conditions that must be followed:


 

  • Unless we enter into a specific written agreement with you, you may not use any of com's names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to an ExitRealtyHelena.com site using the plain text name of that site or the plain text name of ExitRealtyHelena.com.

  • Do not present the link to com's site in any way that suggests ExitRealtyHelena.com has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.
  • Do not use any of com's names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial manner without the prior express written permission for a particular use from ExitRealtyHelena.com.

  • Link only to the home page/first page/registration page of this site and do not incorporate any content from this site into your site (e.g., by in-lining or framing).

  • Do not use any of com's names, logos, designs, slogans, product trademark or service parks, or any other words or codes identifying ExitRealtyHelena.com's Web sites in any "meta tag" or other information used by search engines or other information location tools to identify and select sites, without ExitRealtyHelena.com's express written permission for a particular use.

 

Severability

 

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Entire Agreement

 

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

 

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

 

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

 

Changes to these Terms

 

You can review the most current version of the Terms and Conditions at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

Limitation Of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL ExitRealtyHelena.com BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, OF THIS SITEExitRealtyHelena.com MAKES NO WARRANTY AS TO THE ACCURACY, OR COMPLETENESS OR WHETHER THE CONTENT IS UP TO DATE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN.

Warranty Disclaimer


ExitRealtyHelena.com DOES NOT PROMISE THAT THE SITE OR ANY SERVICES PROVIDED HEREUNDER WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. ACCESS TO THE SITE (INCLUDING ANY INFORMATION OR MATERIALS THEREIN) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY ExitRealtyHelena.com, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER ExitRealtyHelena.com NOR ITS AFFILIATES WARRANT THAT THE INFORMATION OR MATERIALS ON, OR ACCESS TO, ANY SITE WILL BE WITHOUT INTERRUPTION OR ERROR FREE.

Disputes


If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, Suffolk County.

Indemnity

You agree to indemnify and hold ExitRealtyHelena.com, its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

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