terms-of-use - Nevada County Association of REALTORS

Website Terms of Use Agreement

Nevada County Association of REALTORS^®, Inc. (NCAR)

Welcome to the official site of the Nevada County Association of REALTORS^®(NCAR) Use of the NCAR website and its services are subject to the following Terms of Use Agreement ("The Agreement"). NCAR reserves the right to update this Agreement at any time without notice. By using this website, you acknowledge and agree to these limitations as set forth.

Description of Services: NCAR provides you with access to a variety of resources ("Services") including general information, message and/or communication vehicles, downloads, calendars and more. We may include a “Members Only” section that can be accessed only by NCAR staff and Members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to this Agreement.

Use of Content: Use of NCAR content (documents, articles, graphics, logos, software, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services without the expressed permission of NCAR. Elements of NCAR websites are protected by trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to NCAR is licensed or otherwise published by NCAR with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

Limits of Liability: NCAR makes no warranties or representations of any kind that the Services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided "as is", and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. NCAR makes every effort no event shall NCAR, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site. With respect to goods or services purchased directly from NCAR through the website, NCAR liability, in any case, is expressly limited to replacement of defective goods, or the repayment or crediting to you an amount equal to the purchase price of the goods.

External Links: Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by NCAR as a convenience to its users. NCAR is not responsible for the materials contained at any website linked to this site.

Unlawful or Prohibited Use: As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any NCAR website, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Service, computer system or network connected to any NCAR server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Use of Communication Services: The Communication Services may contain forums, calendars, blogs, video messages, and/or other message or communication facilities designed to communicate with you and you with other users. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
Advertise or offer to sell or buy any goods or services or recruit individuals generally or specifically for employment purposes
Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party
Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
Restrict or inhibit any other user from using and enjoying the Communication Services
Violate any code of conduct or other guidelines which may be applicable for any particular service
Harvest or otherwise collect information about others, including email addresses
Violate any applicable laws or regulations
Create a false identity for the purpose of misleading others
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof

NCAR reserves the right to review materials posted to the Communication Services and to remove any materials at its sole discretion. NCAR reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information in any Service. NCAR does not control or endorse the content, messages or information found in any Communication Services and, therefore, NCAR specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

Non–Exclusive Right To Use: By posting content to the NCAR Web Sites, you grant NCARa non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by other parties, and publicly display such content on and through web sites controlled by NCAR, including but not limited to the NCAR Web Sites, and co-branded or mirrored versions of such sites, and in NCAR's promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.

By posting, uploading, inputting, providing or submitting content to the NCAR Web Sites, you warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content. You further warrant that you will report all known or suspected abuses of the provision in these Terms of Use. Such abuses should be reported to:

Kathleen Hinman, RCE
Association Executive
Nevada County Association of REALTORS^®, Inc.
33 Crown Point Circle
Grass Valley, CA 95945
Fax (530) 272-2646

NCAR reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Indemnification: You agree to indemnify and hold NCAR and its, suppliers, affiliates, subsidiaries, directors and employees harmless from any and all claims and demands, including, but not limited to reasonable attorneys' fees, made by any third party due to or arising out of any information, included but not limited to NCAR solicited information, affiliate solicited information and your publicly posted information, submitted, posted, or otherwise provided by you to the NCAR websites and/or NCAR and/or its affiliates.

Jurisdiction: This Agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of Nevada in all disputes arising out of or relating to the use of the NCAR Web Site. Use of the NCAR Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Notice of Copyright Infringement: If you wish to inform NCAR of any Public Content that may indicate copyright infringement by any person or entity, Pursuant to Title 17, United States Code, Section 512(c)(2), forward your notification to:

Kathleen Hinman, RCE
Association Executive
Nevada County Association of REALTORS^®, Inc.
33 Crown Point Circle
Grass Valley, CA 95945
Fax (530) 272-2646