ACCEPTANCE OF TERMS
251 Dekalb provides Services and your use of the Site or access to the Services are subject to the Terms which may be updated by 251 Dekalb from time to time. Your use of the Site and the Service signify your complete acceptance of these Terms. 251 Dekalb will provide notice of changes to the Terms by posting the new Terms on the 251 Dekalb site. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site. Should you object to any term or condition of these Terms, any guidelines or any subsequent modifications thereto or become dissatisfied with 251 Dekalb in any way, your only recourse is to immediately discontinue use of the Site and its Services.
251 DEKALB CONTENT
You understand that all material transmitted through, or linked from the Service are the sole responsibility of the person from whom such material originated. Furthermore, the Site and material available through the Services may contain links to other websites, which are completely independent of 251 Dekalb. Those links do not imply any endorsement by 251 Dekalb and 251 Dekalb makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such websites. Your linking to any other websites is at your own risk.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services. We retain full copyright ownership, rights and protection in all material contained on the Site (including all software, HTML code and other code). None of the material contained in the Site may be reverse-engineered, disassembled, decompiled, transcribed, resold or redistributed without our specific prior written consent in each instance. The use of material, including, without limitation, logos, text, graphics and other copyrightable materials on the Site are limited to one copy for personal, non-commercial viewing and use only. Some material are copyrighted by third parties and users may not modify, copy, distribute, transmit, display or otherwise provide any content without the prior written consent of251 Dekalb. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the site shall xzxznot be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media nor stored in a computer except for personal and non-commercial use. With the exception of content posted by registered users of the Site, all content of the Site is owned by 251 Dekalb,LLC. All rights are reserved.
251 Dekalb, LLC and its logo are trademarks of 251 Dekalb and are protected by state and federal laws. Other logos, and trademarks and service marks depicted on this Site are the property of their respective owners. Your unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could subject you to substantial civil penalties.
FAIR HOUSING ACT
251 Dekalb, LLC fully support the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), as amended, which makes illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap (disability), familial status, (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), or national origin. Any such discrimination is a violation of these Terms.
For more information, visit the U.S. Department of Housing and Urban Development.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE 251 DEKALB SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SITE, THE SERVICES AND ANY THIRD PARTY CONTENT POSTED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE) OR SERVICES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT CANDLEBROOK MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT CANDLEBROOK DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. CANDLEBROOK (I) DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND THE SERVICE. (II) DISCLAIMS ANY WARRANTIES FOR OTHER SERVICE OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SERVICE OR ACCESSED THROUGH ANY LINKS ON THE SITE, AND (III) DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH CANDLEBROOK OR THE SERVICE. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE FULLEST EXTENT PERMITTED BY LAW, 251 DEKALB DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE SITE, ANY USER CONTENT POSTED ON OR ACCESSIBLE ON OR FROM THE SITE AND ANY LINKED SITES OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, SERVICES OR CONTENT CONTAINED ON THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL 251 DEKALB BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CANDLEBROOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICE, FROM THE INABILITY TO USE THE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICE.SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, THE AGGREGATE LIABILITY OF CANDLEBROOK AND ANY OTHER PARTY INVOLVED IN CREATING, ADMINISTRATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF MONIES PAID BY THE COMPLAINANT TO CANDLEBROOK OR $10. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless 251 Dekalb, its agents, suppliers and vendors and their respective 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 of251 Dekalb, its agents, suppliers and vendors and their respective 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.
This agreement shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to251 Dekalb, the Services, the content or the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred. You agree that, with the exception of injunctive relief sought by 251 Dekalb for any violation of 251 Dekalb’s proprietary or other rights, any and all disputes relating to these Terms, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before a single independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York, USA.
You agree that we may terminate, modify, discontinue or abandon the Site with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, Indemnification, Third Party Rights, Governing Law and General Information shall survive any such termination.
MODIFICATION OF TERMS
We may change the Terms from time to time by updating this posting and changing the Effective Date referenced below. Please visit the Terms area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site constitutes an affirmative acknowledgment by you of the Terms modifications and your agreement to abide and be bound by the Terms as modified.
EFFECTIVE DATE: NOVEMBER 15, 2011
INFORMATION WE COLLECT
251 Dekalb does not encourage participation or visitation by children. Visitors who are known to be under the age of 13 are prohibited from becoming registered users. 251 Dekalb does not knowingly collect personally identifiable information from anyone under the age of 13.
THIRD PARTY LINKS
The Services contain links to third-party websites. These third-party sites are not under the control of251 Dekalb. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. 251 Dekalb is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by our Site.
We may from time to time use various outside ad-serving companies to serve advertisements on our Site. In the process of serving advertisements, the ad serving companies may place a cookie in your browser’s cookie file and may use information about your visits to this and other websites in order to provide advertisements on this Site and other websites about goods and services that may be of interest to you. By delivering ads on our site, the ad-server is able to record what ads a user — identified by the unique cookie — has seen, and what pages the user was viewing when the ads were delivered. This web usage information is combined with other ad delivery information the ad-server has collected from your visits to our Site and other sites not affiliated with 251 Dekalb. This non-personally identifiable information is used as part of the ad-serving process for reporting and to select and direct the ads you see online at our Site and other sites not affiliated with 251 Dekalb.
SURVEYS OR PROMOTIONS
USE OF PERSONAL INFORMATION
We use the Personal Information and the Non-Personal Information we collect on the Site (A) to provide you with the services that you ask to receive through the Site, including saving searches and, if you request it, sending you updates about those searches; (B) to receive, if you choose, to receive periodic industry updates; (C) to answer your questions or complaints; (D) to refer you to sales associates about finding or listing a property or to locate a sale associate; and (E) for analytical purposes to help us improve the Site and for our business generally.
We receive and store any personal information you enter on the Site or give to us voluntarily in any other way and may use it to contact you from time to time. Specifically, by registering on the Site, you agree that this action constitutes a purchase, inquiry and/or application for purposes of telemarketing laws. Regardless of the fact that your telephone and/or cell number may be listed with the Federal Do-Not-Call Registry, or your local State Do-Not-Call list, you expressly consent to receive future information about products and services from us, and in, that regard, you hereby consent to our contacting you pursuant to the business relationship established using the information you provided to us. This means we may contact you by email, phone and/or cell number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving (e.g. video etc.). We may also send you information or offers from time to time to a postal address or email address we have on file. If you provide your name for a promotional offer to enter a sweepstakes or contest, and win a prize, we will post a winner’s list online, and will file your name with state agencies if required by law.
We employ other companies and individuals to perform functions on our behalf. Examples might include sending e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links.
THIRD PARTY OFFERS
We share personally identifiable information with third parties in order to have them send you special offers and promotions that we think you might find of interest to you. We will also occasionally send you information on products, services, special deals, or promotions, which we have found that may be of interest to you. If you do not want us to use the information you provide in order to inform you of products and services that might be of interest to you, or to provide your information to third party companies please let us know by contacting our privacy administrator at privacy@251 Dekalb.com.
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, or the delivery of a service is delayed we might send you an email, or if there is some service issue with something you might have ordered. Generally, you may not opt-out of these communications, which are not promotional in nature.
IMPORTANT DISCLOSURES AND PRACTICES
A NOTE ABOUT INTERNATIONAL USERS
CHOICE AND OPT-OUT
You may opt-out of use of your information as set forth above by emailing us at firstname.lastname@example.org. We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information.
ACCESS TO YOUR INFORMATION
CALIFORNIA PRIVACY RIGHTS
Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (2) the names and addresses of all such third parties. To request the above information please contact us by writing to customer service at 251 Dekalb, LLC 251 W Dekalb Pike, King of Prussia, PA 19406. We will respond to such requests within 30 days of receipt. Please note that we are only required to respond to each customer once per calendar year.
HOW WE PROTECT YOUR INFORMATION
We have security procedures in the storage and disclosure of personal information, which you have given us in order to prevent unauthorized access. Keep in mind however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Our Site may also contain links to other websites. Keep in mind that 251 Dekalb does not control and is not responsible for the privacy or security practices or the content of these other websites.
NOTIFICATION OF CHANGES
HOW TO CONTACT US
EFFECTIVE DATE: NOVEMBER 15, 2011