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THE LIVING NETWORK® - TERMS OF SERVICE Welcome to The Living Network® ("TLN"). The following are the rules or "Terms" that govern use of the living.net web sites and the services offered on the site such as searches, links, etc. (collectively, the "Site"). By using the Site (beyond simply viewing the homepage and these Terms), you agree to be bound by these Terms and to comply with these Terms and all applicable laws and regulations governing the Site. The Florida Association of REALTORS® (“Operator”) reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Permitted and Prohibited Uses. You are only authorized to view and to retain a copy of pages of this Site for your own personal use. Any commercial use, reproduction, publication or further distribution or public use of materials provided at this site in whole or in part is strictly prohibited. In addition, use of any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without Operator’s prior expressed written permission is strictly prohibited. The content and software on this Site is the property of Operator and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits. User Contributions to the Site. Each Realtor and Realtor firm (collectively, “Realtors”) in a participating state has his, her or its own web page(s) within the living.net domain. Realtors may add text, photographs, links, property listing information and other materials that collectively, we call "Content," to the Site or to our customized e-mail services. Other Site users may add Content via participation in our customized e-mail services. Operator is not liable or responsible for any Content provided by Realtors, other Site users or other third parties to the Site or through our e-mail services ("User Content"). Operator cannot preview User Content before it appears or is sent to another user. Users can be held liable for any illegal or prohibited User Content they provide to the Site or to other users, including among other things, infringing, defamatory or offensive materials. However, if you discover this kind of material on the Site, please notify us at legal@far.org. We will investigate your claim and take appropriate action. Operator is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they submit to the Site. Links and Search Results. The Site may produce search results that reference or link to third party sites throughout the World Wide Web, or Realtors may include such links on their web pages. Operator has no control over these Sites or the Content within them. Operator can not guarantee, represent or warrant that the Content contained in such sites is accurate, legal and/or inoffensive. Operator does not endorse the Content of any third party site, nor does Operator warrant that such sites will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Operator for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please let us know at legal@far.org, and we will investigate the link and take appropriate action. Prohibited Content. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. It includes Content that:
Trademarks. The trademarks, logos and service marks (collectively the "Trademarks") displayed on the Site, including, but not limited to, Florida Living Network®, The Living Network® and Realtor® are registered and unregistered Trademarks belonging to the Operator and others. Nothing contained on the site gives you any license or right to use any Trademark displayed on the Site without prior written permission of the Trademark owner. You are strictly prohibited from misusing the Trademarks displayed on the site, as well as any other contents of the site. You are also advised that we will aggressively enforce our rights by suing and/or seeking criminal prosecution of violators. Violation of the Terms. You understand and agree that in Operator's sole discretion, and without prior notice, Operator may terminate your access to the Site and to any e-mail services offered on the Site, and remove any unauthorized User Content, if Operator believes that the User Content you provided has violated or is inconsistent with the Terms or with the intention behind them, or that you have violated the rights of Operator, another User or the law. Operator 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. Privacy. We believe that your privacy and the privacy of all our users is important. Please review our privacy policy. If you are 13 or under, you should not post information about yourself on the Site unless you have permission from a parent or guardian. U.S. Export controls. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. DISCLAIMER. Operator does not promise that the Site or any services, such as e-mail, links or searches offered on the Site will be error-free or uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. Operator cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Operator disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Operator will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, punitive and consequential damages. 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 or the State of Florida 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 Florida, County of Orange. Indemnity. You agree to indemnify and hold Operator, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees at all levels, 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.
Privacy Policy: Consumer Information Operator sees the Internet, Intranets and the use of other technologies as valuable tools for communicating and interacting with consumers, members, vendors, business partners and others. We understand your need to maintain your privacy when using the Internet for your communication, shopping, exploration and business. To make sure you understand our approach to online privacy issues, you MUST read this Privacy Policy and our Terms of Use as a condition to using the various websites and services on The Living Network®. In general, consumers can use this Site without revealing any personal information. Consumers who desire to use advanced features on the Site will need to provide personal information in order to do so. Such personal information consists of contact information such as user's name, home and/or business address, phone numbers and e-mail address. FAR collects this information and forwards it to the Realtor designated by the user. FAR does not sell or share this information with other third parties. FAR may also collect anonymous information concerning web-site users through the use of "cookies" in order to provide better customer service. "Cookies" are small files that web-sites place on users computers to identify the user and enhance the web-site experience. None of this information is reviewed at an individual level. Users may set their browsers to provide notice before they receive a cookie, giving them opportunity to decide whether to accept the cookie. A user can also set their browser to turn off cookies. If users do so, however, some areas of the Site may not function properly. The Site is not directed toward children. Nevertheless, Operator is committed to complying with applicable laws and requirements, such as the United States' Children's Online Privacy Protection Act ("COPPA"). Site users may ask Operator not to use information previously provided, to correct information previously provided, or to remove information previously provided to Operator. Those that would like to correct or suppress information they have provided to Operator should forward such inquiries to webmaster@living.net. The inquiries should include user’s name, address and other relevant contact information (phone number, e-mail address). Operator will use all reasonable efforts to honor such requests as quickly as possible. This Site may contain links to other web sites. Operator assumes no responsibility for the content or the privacy policies and practices on those web-sites. Operator encourages all users to read the privacy statements of those sites; their privacy practices may differ from those of Operator. Frequently Asked Questions About Privacy on the Site
What information do we
collect? What
information do we collect? We collect personally identifiable information (such as name, e-mail, residence address and credit card information) whenever you voluntarily submit it to the Site. Examples of information that you submit voluntarily include: when you create an account through a “More Information” link, fill out the registration page or send us feedback. You always have the option of choosing not to reveal this personally identifiable information to us, although certain services may be unavailable if you do not. In the event of a complaint, we may also receive and collect personally identifiable information about you from other users or third parties who may communicate information to us about you in relation to such a complaint. In addition, we collect and store statistics and other information about the online activities of our visitors on an aggregated (collective) basis. For example, we track the number of people who view each page, the order in which pages are viewed, and other information to learn which features are the most popular and to refine our design and marketing efforts. How do
we use the personal information we collect? We share your personally identifiable information with the Realtor(s) whom you designate to enable them to communicate with you about your real estate needs. We do not sell your personally identifiable information to third parties. However, if you give us your permission, we may share your personally identifiable information with third parties. We also may share your personally identifiable information with third parties who provide services to us in order to enhance the functionality available to you as part of the Sites. Operator uses aggregated information for internal marketing research. We disclose aggregated information about our Sites to third parties, including information regarding the effectiveness of our advertisers' advertisements. Some online activities necessarily lead to disclosure of your personally identifiable information to third parties, such as when you include your name and e-mail address in an e-mail to a Realtor or other third party. In addition, if Operator or the Realtor(s) to whom you disclosed personal information is acquired by or merges with another company, we or such Realtor(s) may transfer your information to such a company. Is the
Site secure so that other people cannot obtain your information from the site
without your consent? Limits
on our abilities What
about the privacy of users who are 13 and under? How can
you change or correct the personal information you provided to us? What
about cookies? We use cookies or IP addresses for a number of uses, including helping us to tailor a website or a marketing message to better match your needs and interests, and to allow us to better understand how users use our Sites. You are always free to instruct your web browser to decline our cookies if it has the capability to do so, but some parts of our Sites may not work properly if you do. Reviews/Correct/Update Send corrections and modifications of previously provided information or requests to remove such information by e-mail to webmaster@living.net Contacting the Web Site If you have any questions about this privacy statement, the practices of this site or your dealings with this Web site, you can contact: Website Support
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