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Terms and Conditions of Use
MYLANDLOTS.COM TERMS AND CONDITIONS OF USE PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that use of this site is subject to the following terms and conditions in addition to all applicable laws. If you do not agree to these terms and conditions, you may not use this site. Additionally, certain pages of this site may contain additional terms that govern particular features or offers (for example, terms of sale for advertising). CONTENT mylandlots.com is a website that allows people to advertise properties for sale or rent. Advertising of homes or houses is not permitted and can result in immediate deactivation or removal of lots or membership without warning. The owner of this website, MyLandLots, LLC (“MyLandLots”), is not a broker or agent nor a representative of the buyer or seller of any real estate. All listings, advertisements, postings, photographs, real estate information and descriptions, and other materials (“Content”) listed or posted on, transmitted through, or linked from this site are the sole responsibility of the person from whom the Content originated. You the user are solely responsible for all Content which you list, post or otherwise make available on this site and you agree not to list, post or otherwise make available any false, deceptive or misleading Content. MyLandLots does not review, authenticate or check the truth or accuracy of any Content posted on this site. You understand that MyLandLots does not control and is not responsible for Content made available through the website, nor is MyLandLots responsible for any errors, omissions, misrepresentations or misdescriptions in such Content. You agree that you must evaluate and bear all risks associated with the use of any Content and that MyLandLots may not be held liable in any way for any Content or for any loss sustained or damages suffered or incurred as a result of your use of any Content. You agree that MyLandLots, in its sole discretion, has the right to refuse or delete any Content, block your e-mail or IP address, or otherwise terminate your access to or use of the website, immediately and without notice, for any reason, including MyLandLots’ belief that you have acted inconsistently with these Terms & Conditions of Use; and MyLandLots shall not be liable to you or any third-party for any such action. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, neither this site nor any portion of this site may be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not expressly permitted by MyLandLots. This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site without express written permission of MyLandLots. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of this site, you warrant to MyLandLots that you will not use this site for any purpose that is unlawful or prohibited by these Terms & Conditions. You may not use this site in any manner which could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site. Harassment in any manner or form on this site or through this site is strictly forbidden. Impersonation of others on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. COPYRIGHT The entire Content included in this site, including but not limited to text, graphics logos, icons, images, audio and software is copyrighted under the United States and international copyright laws, and is the property of MyLandLots or authorized for use by MyLandLots. The compilation of the Content of this site is the exclusive property of MyLandLots and is protected by United States and international copyright laws. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely to register or to place an advertisement with MyLandLots. Any other use, including but not limited to the reproduction, distribution, display, posting, mirroring, or transmission of the Content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from this site or to modify such materials in any way. TRADEMARKS All trademarks, service marks and trade names used herein are proprietary to MyLandLots and/or are licensed to MyLandLots. Such trademarks, service marks and trade names are protected by common law and/or federal trademark law and may not be used in violation of MyLandLots’s or any of its licensors’ rights. DISCLAIMER OF WARRANTIES MYLANDLOTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ADEQUACY, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THIS SITE OR CONTENT, INFORMATION, LISTINGS, POSTINGS, ADVERTISEMENTS, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. MYLANDLOTS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER WHICH MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE AND ALL SUCH CONTENT, INFORMATION, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MYLANDLOTS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE AND SUCH CONTENT, INFORMATION, LISTINGS, POSTINGS, ADVERTISEMENTS, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LIMITATION OF LIABILITY IN NO EVENT SHALL MYLANDLOTS OR ANY OTHER PARTY INVOLVED IN CREATING OR OPERATING THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH ANY DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, OR DAMAGES ARISING FROM VIRUSES WHICH INFECT USERS’ COMPUTERS, EVEN IF MYLANDLOTS OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TERMS AND CONDITIONS OF SALE MyLandLots may accept or reject your purchase or order in its sole discretion. Acceptance is limited to the terms and conditions set forth herein. If you purchase any product or service from MyLandLots, including classified advertising, you are responsible for paying the entire amount due on your purchase, including any applicable taxes. With respect to applicable taxes, MyLandLots will advise you of the amount of tax due, if any, on your purchase either at the time of your purchase or subsequently if it is determined that such tax is due. MyLandLots has no responsibility whatsoever for any miscalculation or omission by MyLandLots of applicable taxes on any sale and you agree to pay such tax upon notice from MyLandLots. Classified advertising orders are non-refundable. MINORS You represent and warrant that you are at least 18 years of age and that you possess the legal right to use the site in accordance with the stated terms and conditions. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or Internet account to access this site. INDEMNIFICATION You agree to indemnify, defend, and hold harmless MyLandLots, its 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 of these terms and conditions or any activity related to your use of this site (including negligent or wrongful conduct) by you or any other person accessing this site using your computer and/or Internet account. LINKS TO THIRD PARTY SITES This site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of this site and MyLandLots is not responsible for the content of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. MyLandLots is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MyLandLots of the site or any association with its operators. Linked Sites have separate terms of use and policies. MyLandLots has no responsibility or liability for policies or actions on Linked Sites or for privacy concerns or content of Linked Sites, and you access them at your own risk. MODIFICATION OF THESE TERMS & CONDITIONS OF USE MyLandLots reserves the right to change the terms, conditions and notices under which this site is offered, including but not limited to the charges associated with the use of this site, at any time and from time to time without specific notice to you. The latest terms and conditions will be posted on this site and you are responsible for regularly reviewing these terms and conditions. MISCELLANEOUS Your use of this site shall be governed in all respects by the laws of the State of New York of the United States of America without regard to conflicts of law principles. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Erie County, New York (and agree not to commence any litigation relating thereto except in such courts). MyLandLots’s failure to insist upon or enforce strict performance of any provisions of these terms and conditions shall not be construed as a waiver of any provision or right. MyLandLots may assign its rights and duties under this Agreement to any party at any time without notice to you. MyLandLots’s performance hereunder is subject to existing laws and legal process, and nothing contained herein shall be construed to be in derogation of MyLandLots’s right or duty to comply with governmental, court and law enforcement requests or requirements relating to your use of this site or information provided to or gathered by MyLandLots with respect to such use. If any part or provision of these Terms & Conditions of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The Terms & Conditions of Use specified herein constitute the entire agreement between you and MyLandLots with respect to this site and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MyLandLots. Copyright 2007 MyLandLots, LLC All Rights Reserved Doc # 01-1634244.2
