WHAT
YOU SHOULD KNOW
Welcome to the Coldwell Banker Commercial web site (the "Web
Site"). The goal of this Web Site is to provide you with access
to the most comprehensive network of commercial real estate products/services
and related links to meet your needs. Please read our Terms of Use
(the "Terms") carefully before continuing on with your use of this
Web Site. These Terms shall govern the use of the Web Site and apply
to all Internet traffic visiting the Web Site. By accessing or using
this Web Site, you agree to the Terms. The Terms are meant to protect
all of our Web Site visitors and your use of this Web Site signifies
your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE
TERMS, DO NOT USE THIS WEB SITE. Coldwell Banker Commercial
reserves the right, in its sole discretion, to modify, alter or
otherwise update these Terms at any time. Such modifications shall
be effective immediately upon posting. By using this Web Site after
we have posted notice of such modifications, alterations or updates
you agree to be bound by such revised Terms.
Privacy
Registration data and certain other information about you are subject
to our Privacy Policy. For more information, please review our full
Privacy Policy that can be found on www.coldwellbankercommercial.com.
Trademarks,
Copyrights, and Restrictions
This Web Site is controlled and operated by Coldwell Banker Commercial,
a Coldwell Banker Real Estate Corporation. All content on this
Web Site, including, but not limited to text, images, illustrations,
audio clips, and video clips, is protected by copyrights, trademarks,
service marks, and/or other intellectual property rights (which
are governed by U.S. and worldwide copyright laws and treaty provisions,
privacy and publicity laws, and communication regulations and statutes),
and are owned and controlled by Coldwell Banker Commercial
or its affiliates, or by third party content providers, merchants,
sponsors, and licensors (collectively "Providers") that have licensed
their content or the right to market their products and/or services
to Coldwell Banker Commercial. Content on this Web Site or
any web site owned, operated, licensed, or controlled by the Providers
is solely for your personal, non-commercial use. You may print a
copy of the content and/or information contained herein for your
personal, non-commercial use only, but you may not copy, reproduce,
republish, upload, post, transmit, distribute, and/or exploit the
content or information in any way (including by e-mail or other
electronic means) for commercial use without the prior written consent
of Coldwell Banker Commercial or the Providers. You may request
consent by faxing a request to Cendant Corporation Legal Department
at 973-496-5331. Without the prior written consent of Coldwell
Banker Commercial or the Providers, your modification of the
content, use of the content on any other web site or networked computer
environment, or use of the content for any purpose other than personal,
non-commercial use, violates the rights of the owners of the www.coldwellbankercommercial.com
and/or the Provider copyrights, trademarks or service marks, and
other proprietary rights, and is prohibited. As a condition to your
use of this Web Site, you warrant to Coldwell Banker Commercial
that you will not use our Web Site for any purpose that is unlawful
or prohibited by these Terms, including without limitation the posting
or transmitting any threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material. If
you violate any of these Terms, your permission to use our Web Site
immediately terminates without the necessity of any notice. Coldwell
Banker Commercial retains the right to deny access to anyone
at its discretion for any reason, including for violation of these
Terms. You may not use on your web site any trademarks, service
marks or copyrighted materials appearing on this Web Site, including
but not limited to any logos or characters, without the express
written consent of the owner of the mark or copyright. You may not
frame or otherwise incorporate into another web site any of the
content or other materials on this Web Site without prior written
consent of Coldwell Banker Commercial.
Links
This Web Site may contain links to other web sites ("Linked Sites").
The Linked Sites are provided for your convenience and information
only and, as such, you access them at your own risk. The content
of any Linked Sites is not under the control of Coldwell Banker
Commercial, and Coldwell Banker Commercial is not responsible
for, and does not endorse, such content, whether or not Coldwell
Banker Commercial is affiliated with the owners of such Linked
Sites. You may not establish a hyperlink to this Web Site or provide
any links that state or imply any sponsorship or endorsement of
your web site by Coldwell Banker Commercial, or its affiliates
or Providers.
Disclaimer
of Warranties and Liability
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES
WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED
BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION,
COLDWELL BANKER COMMERCIAL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER COLDWELL
BANKER COMMERCIAL, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS,
NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION
OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS
ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION
ONLY. COLDWELL BANKER COMMERCIAL DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY
OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE
ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE AT YOUR SOLE RISK.
YOU (AND NOT COLDWELL BANKER COMMERCIAL) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER COLDWELL
BANKER COMMERCIAL, NOR ITS AFFILIATED OR RELATED ENTITIES
(INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION
AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY
PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY
OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR
RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY
OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, COLDWELL BANKER COMMERCIAL AND
RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE
FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER
VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION
OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION,
OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT COLDWELL BANKER COMMERCIAL IS NOT LIABLE
OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, Coldwell Banker Commercial
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless Coldwell Banker
Commercial and the Providers, its and their officers, directors,
employees, affiliates, agents, licensors, and suppliers from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation by you of these Terms.
Third
Party Rights
These Terms are for the benefit of Coldwell Banker Commercial
and its Providers and their officers, directors, employees, affiliates,
agents, licensors, and suppliers. Each of these individuals or entities
shall have the right to assert and enforce these Terms directly
against you on its or their own behalf.
Jurisdictional
Issues
Unless otherwise specified, the content contained in this Web Site
is presented solely for your convenience and/or information. This
Web Site is controlled and operated by Coldwell Banker Commercial
from its offices within Parsippany, New Jersey. Coldwell Banker
Commercial makes no representation that content in its Web Site
is appropriate or available for use in other locations. Those who
choose to access this Web Site from other locations do so on their
own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable. You may not use
or export the materials in this Web Site in violation of U.S.export
laws and regulations. These Terms shall be governed by, construed
and enforced in accordance with the laws of the State of New Jersey,
as they are applied to agreements entered into and to be performed
entirely within such State. Any action you, any third party or Coldwell
Banker Commercial brings to enforce these Terms, or in connection
with any matters related to this Web Site, shall be brought only
in either the state or Federal courts located in Essex County, New
Jersey and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed sever
able from these Terms and shall not affect the validity and enforceability
of any remaining provisions.
Entire
Agreement
The provisions and conditions of these Terms, and each obligation
referenced herein, represent the entire Agreement between Coldwell
Banker Commercial, its affiliated or related entities, and you,
and supersede any prior agreements or understandings not incorporated
herein. In the event that any inconsistencies exist between these
Terms and any future published terms of use or understanding, the
last published Terms or terms of use or understanding shall prevail.
ANY
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COLDWELL BANKER
COMMERCIAL, A COLDWELL BANKER REAL ESTATE CORPORATION COMPANY
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