Last modified August 10, 2018
WHAT YOU SHOULD KNOW
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Site is controlled and operated by C21, 175 Park Avenue, Madison, NJ 07940, telephone 1 (877) 221-2765. All content on or accessible from this 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 deemed confidential and proprietary information, and are owned and controlled (a) by C21 or its affiliates; or (b) by third party content providers, merchants, sponsors and licensors (collectively all third parties are referred to as "Providers") that have licensed their content or the right to market their products and/or services to C21 and/or to CENTURY 21 system members. Content on this Site or any web site owned, operated, licensed or controlled by the Providers is solely for use in your CENTURY 21 Business (“Authorized Purpose”). Except as expressly permitted by the Provider Terms applicable to such Linked Site and/or as permitted by C21 in the applicable CENTURY 21® Policy and Procedure Manual or Franchise Agreement, you may not otherwise copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content, Linked Sites (as defined below) or other information in any way (including by e-mail or other electronic means) for any unauthorized purpose or commercial use without the prior written consent of C21 or the Providers. You may request consent by faxing a request to C21's Legal Department at (973) 407-4666. Without the prior written consent of C21 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 or any Linked Site for any purpose other than the Authorized Purpose, violates our rights and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Site, you warrant to C21 that you will not use the Site, any Linked Site or any Content 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 the Site immediately terminates without the necessity of any notice. C21 retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use any trademarks, service marks or copyrighted materials appearing on this Site, any Linked Site or any Content 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 Site without prior written consent of C21.
You represent that all listing information that you choose to upload to the Site is accurate and true to the best of your knowledge. You agree to indemnify C21 and/or Providers for any inaccuracies or any third-party liability that may be associated with your listings or your CENTURY 21 Business. Certain content (including without limitation information about each franchisee, sales associates and their listings) is provided by CENTURY 21 franchisees. That information is based upon information which we consider reliable, but because it may have been supplied by third parties to our franchisees (who in turn supply it to us), we cannot represent that it is accurate or complete, and it should not be relied upon as such. The real estate offerings and information set forth on this Site are subject to errors, omissions, changes, or withdrawal without notice. All dimensions are approximate and have not been verified by the selling party and cannot be verified by us.
Your access to this site is subject to strict adherence to C21's and Realogy's intranet security and password protection policies. You understand and agree that you are not authorized to share your logon information, including your username or password with any other person, without our advance written consent, which may be denied for any reason.
You agree not to use, or permit others to access and/or use, this Site, any Linked Site or Content, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned username and/or passwords with any unauthorized third parties or (c) upload, post, emailing or otherwise transmitting any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships Further, you will not engage in any of the following prohibited activities: (i) use the Site or Content in violation of any third party license or agreement or in violation of any applicable law, rule or regulation; (ii) use the Site or Content to collect, process, or store bank account information, credit or debit card information, personally identifiable information pertaining to children under 13, or health or medical information (including ‘Protected Health Information’ as defined in the Health Insurance Portability and Accountability Act of 1996); (iii) sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Site or the Content; (iv) use, modify, copy, or create derivative works from the Site without C21’s prior written permission; (v) frame, mirror, embed or otherwise incorporate any portion of the Site or Content in any other service or product; (vi) reverse engineer, decompile, or disassemble any part of the Site or Content, or use or access any part of the Site or Content in connection with any other product or service using features, functions or graphics similar to any part of the Site or Content; (vii) remove, obscure, or alter any Intellectual Property Rights notice related to any part of the Site or Content or Marks; (viii) send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful Content; (ix) facilitate the transmission or use of any: (a) malicious code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with or access any of portion of the Site or Content; (x) interfere with or disrupt the integrity or performance of the Site or Content; (xi) attempt or assist others to attempt to gain unauthorized access to the Site or Content or its related systems or networks; or (xii) use the Site or Content in any way not expressly authorized hereunder.
All User Generated Content (“UGC”) posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”) is the sole responsibility of the account holder from which such Communications originate and you acknowledge and agree that you, and not C21, are entirely responsible for all UGC that you post, or otherwise submit to the Site, including any Linked Sites, including via posts or messages exchanged through third party providers. C21 does not control UGC and, as such, does not guarantee the accuracy, integrity or quality of such UGC. You understand that by using the Site or any Linked Sites you may be exposed to Content or UGC that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Site or any Linked Sites for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably defined as an Authorized Purpose. By way of example, and not as a limitation, you agree not to use the Site or any Linked Sites:
You are solely responsible for your interactions with other users of the Site, including any communications that you exchange through any Linked Sites. C21 reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through Linked Sites, based on any reports that C21 receives alleging the violation of these Terms through the use of a Linked Site, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.
If the Site or a Linked Site are used in a manner that violates the Terms in any way, C21 may at its sole discretion terminate or suspend your C21 account immediately and/or terminate or suspend your access to any Linked Site immediately, without prior notice or liability, for any reason whatsoever.
This Site may contain links to third-party web sites or software applications (collectively, "Linked Sites"). The Linked Sites (including but not limited to any content available or accessible therefrom) are provided for your convenience and information only and, as such, you access them at your own risk. The content and functionality of any Linked Sites is not under C21's control, and C21 is not responsible for, and does not endorse, such content, whether or not C21 is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your web site by C21, or its affiliates or Providers.
ALL CONTENT AND FUNCTIONALITY ON THIS WEB SITE AND/OR THE LINKED SITES IS PROVIDED "AS IS" AND “AS AVAILABLE’ 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, C21 DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER C21, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE OR THE CONTENT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR THE CONTENT WILL BE UNINTERRUPTED, BACKED UP, SECURE OR FREE FROM BREACH OR INTERCEPTION OF DATA OR YOUR CONFIDENTIAL INFORMATION, OR ERROR-FREE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT ANY PORTION OF THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR COMPLY WITH LAWS APPLICABLE TO YOU, YOUR INDEPENDENT CONTRACTORS OR YOUR CUSTOMERS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. C21 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 IS AT YOUR SOLE RISK. YOU (AND NOT C21) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM.If you are a franchised broker or independent sales associate affiliated with a CENTURY 21® franchised office, you have a variety of resources, technologies and opportunities made available to you. Your use of the CENTURY 21 suite of marketing, educational and operational materials, programs, resources and other Content is completely voluntary unless otherwise stated in the Franchise Agreement or Policy & Procedural Manual. The Content found on the Site may incorporate suggestions and best practices for you to use at your discretion. As an independently owned and operated business, you have sole discretion to determine which practices/suggestions suit your business and you should use your own business judgment to determine whether any particular suggestion or best practice fits your business culture and needs. Nothing on this Site is intended to create an employment relationship or to provide professional financial guidance or legal advice. Should you have any questions or concerns regarding the implications, if any, of implementing any practice or policy at the local level for your business or with any independent agents affiliated with your office, we encourage you to consult with your local counsel, business planner or financial advisor.
LIMITATION OF LIABILITY
IN NO EVENT WILL C21, ITS AFFILIATES OR ITS OR THEIR RELATED PARTIES, OR ANY OF THEIR EMPLOYEES, LICENSORS, CONSULTANTS, CONTRACTORS, OR DIRECTORS, BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, INTERRUPTED COMMUNICATIONS, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF C21 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The parties agree that the limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. Each party acknowledges that the foregoing limitations are an essential element of the Agreement and a reasonable allocation of risk between the parties and that in the absence of such limitations the pricing and other terms set forth in the Agreements between the parties would be substantially different.
You agree to indemnify, defend, and hold harmless C21, its affiliates and the Providers, and its and their officers, directors, employees, agents, licensors, and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation by you of these Terms, (ii) your and your affiliated sales associate’s use of any Content or Linked Sites (including but not limited to any content or applications available or accessible therefrom) and/or (iii) any content furnished by you or your affiliated sales associates in your use of this Site or the Linked Sites.
THIRD PARTY RIGHTS
These Terms are for the benefit of C21, its affiliates and the Providers, its and their officers, directors, employees, 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.
Unless otherwise specified, the Content contained in this Site is presented solely for your convenience and/or information. This Site is controlled and operated by C21 from its offices within Madison, NJ. C21 makes no representation that Content in its Site is appropriate or available for use in other locations. Those who choose to access this 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 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, without regard to any conflict of laws principles, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or C21 brings to enforce these Terms, or in connection with any matters related to this Site, shall be brought only in either the state or Federal courts located in and for Morris 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 severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.