Welcome to the www.ArborRealestate.com website (the website). Thank you for your interest in accessing our website, and using the online services offered by Arbor Real Estate on its website (the services), and purchasing products and other offerings which may be available from time to time through our website (the products). The Arbor Real Estate website is comprised of various pages operated by Arbor Real Estate. Arbor Real Estate (also referred to herein as us, we and our) provides opportunity for members of the public to subscribe and become members of the Arbor Real Estate website.
Changes to Agreement
Arbor Real Estate reserves the right to change any of the terms and conditions contained herein or any policies or guidelines governing the products and services offered on its website, at any time and in our sole and absolute discretion. Any changes will be effective immediately after the posting of the revisions to this agreement. You are responsible for reviewing any applicable changes. Your continued use of our website or any service following Arbor Real Estate’s posting of such changes after their effective date will constitute your acceptance of such changes or modifications. At any time upon request by Arbor Real Estate you agree to sign a non-electronic version of this agreement. If you do not agree to any changes to this agreement, you must terminate this agreement pursuant to the termination provisions below, and discontinue your use of this website and of any service and the purchase of any product. Except solely as provided in this paragraph and the severability provision of this agreement. This agreement may not be changed without the handwritten (non-electronic) signature of an authorized person from Arbor Real Estate.
We reserve the right to deny you access to our website, refuse service, terminate accounts, remove or edit content, or cancel orders at any time, either temporarily or permanently, for any reason in our sole discretion, including without limitation our determination that you have failed to abide by the terms of this agreement or appear to us likely to do so. By granting you access at any time, we do not obligate ourselves to do so at any other time, or to maintain our website in any form, and we expressly reserve the right to modify, suspend, or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close our website and delete any files which you may maintain at our website and any information which you may choose to post. You should keep a copy of any material which you post to our website because we will not undertake to retain copies of any material which we or others may delete from our website.
Electronic Communications Services
When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our website. Except as otherwise expressly provided in this agreement, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email or by posting notices on our website satisfy any legal requirement that such communications be in writing.
When you register with us, you will receive a username and password. You agree that your use of your username or password and any other use by you of our website constitutes your electronic signature and authenticates your communications to us or third parties using our website, and otherwise satisfies any legal requirement that such communications be in writing.
Our website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "communication services"), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, you agree that when using a communication service, you may not:
You shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any 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 communication service. Harvest or otherwise collect information about others, including email addresses, without their consent. Violate any applicable laws or regulations.
Arbor Real Estate has no obligation to monitor the communication services. However, Arbor Real Estate reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Arbor Real Estate reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. Arbor Real Estate reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Arbor Real Estate's sole discretion. Always use caution when giving out any personally identifying information about yourself or others in any communication service. Arbor Real Estate does not control or endorse the content, messages or information found in any communication service and, therefore, Arbor Real Estate specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized Arbor Real Estate spokespersons, and their views do not necessarily reflect those of Arbor Real Estate. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Arbor Real Estate
Arbor Real Estate does not claim ownership of the materials you provide to Arbor Real Estate (including feedback and suggestions) or post, upload, input or submit to any Arbor Real Estate website or its associated services (collectively "submissions"). However, by posting, uploading, inputting, providing or submitting your submission you are granting Arbor Real Estate, its affiliated companies and necessary sub-licensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission. Arbor Real Estate is under no obligation to post or use any submission you may provide and may remove any submission at any time in Arbor Real Estate's sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Using the Website, Services, and Products-
Eligibility except as expressly provided below, access to certain portions of our website, and use or purchase of the products are limited to members. Members must be able to form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming members. You may not transfer your membership or access privileges to any third party or allow any third party to use them.
To purchase products or services through our website, you must create an account with Arbor Real Estate through the online registration process. In creating an account, you must provide us with accurate and complete registration information, as prompted in the registration form. You must promptly notify Arbor Real Estate if any of this information changes. If you fail to provide or update this information, we may terminate your right to use our website, or purchase products or services. After you complete the registration process, including carefully reading this agreement and clicking on the I accept checkbox at the bottom of this agreement, Arbor Real Estate will send you an email with instructions for completing the new member login along with a web address where the new member login form can be found, accessed, and used. You will then be eligible, subject to the provisions of this agreement (and the policies and applicable agreements and policies referenced herein), to use the services and purchase products.
General Description of the Services
Detailed information on our website covers the specific use of the services. This information, as may be modified from time to time, is incorporated herein by reference, and has the same force and effect as if they were fully part of this agreement.
No Unlawful or Prohibited Use
As a condition of your use of the Arbor Real Estate website, you warrant to Arbor Real Estate that you will not use the Arbor Real Estate website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Arbor Real Estate website in any manner which could damage, disable, overburden, or impair the Arbor Real Estate website or interfere with any other party's use and enjoyment of the Arbor Real Estate website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Arbor Real Estate website.
Username and Passwords
Your username and password must be acceptable to Arbor Real Estate, in its sole discretion. Arbor Real Estate may reject any proposed username and password for any reason; however, Arbor Real Estate shall not be liable for failure to reject a username or password. You must keep your password confidential. You agree to be solely responsible for the selection, use, and safekeeping of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you become aware of any other breach or attempted breach of the security of the website. For security purposes, Arbor Real Estate recommends that you change your password often. Under no circumstances should you respond to a request for your password, particularly a request from someone claiming to be an employee of Arbor Real Estate. You agree to notify us immediately if you receive such a request.
You agree not to disclose Arbor Real Estate confidential information without Arbor Real Estate's prior written consent. Arbor Real Estate confidential information includes without limitation: (i) all Arbor Real Estate software, technology, programming, technical specifications, materials, guidelines and documentation you learn, develop, or obtain that relates specifically to the services, products, or our website or its use;(ii) click-through rates or other statistics relating to website performance or the services provided to you by Arbor Real Estate; (iii) all products purchased through our website; and (iv) any other information designated in writing (including electronic communications) by Arbor Real Estate as confidential or any designation to the same effect. Arbor Real Estate confidential information does not include information that has become publicly known through no breach by an authorized user of our website or Arbor Real Estate, or information that has been (a) independently developed without access to Arbor Real Estate confidential information as evidenced in writing to Arbor Real Estate's sole satisfaction; (b) rightfully received by you from a third party; or (c) required to be disclosed by law or by a governmental authority.
Unless otherwise specified, Arbor Real Estate may offer to sell products or services featured on our website only in jurisdictions where such sales are lawful. Our website is displayed solely for purposes of promoting Arbor Real Estate's products and services in jurisdictions where any sales are unlawful. Our website is controlled by Arbor Real Estate from its offices in the United States of America.
Arbor Real Estate does not provide returns for sales from its website. All sales from our website are final and as is.
You agree that as between you and Arbor Real Estate all content included on and software used on or by our website and any compilations and derivatives thereof, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software and code, is the exclusive property of Arbor Real Estate, its affiliates or its respective content suppliers, and is protected by united states and international copyright laws. For purposes of this agreement, the term affiliates means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Arbor Real Estate, or any entity or person in which Arbor Real Estate, directly or indirectly, owns a controlling interest. Except as expressly provided in this agreement to the contrary, nothing contained on our website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the copyrighted works displayed or contained in our website without the express, written consent of Arbor Real Estate or the respective copyright owner.
Arbor Real Estate and the Arbor Real Estate logo are trademarks or service marks owned by Arbor Real Estate. All page headers, custom graphics, button icons, and scripts, are trademarks, trade dress, or service marks of Arbor Real Estate. You hereby acknowledge that any use by you of such trademarks, trade dress, or service marks is for the sole benefit of Arbor Real Estate, and all goodwill generated by such use shall inure to our sole benefit. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Arbor Real Estate or its affiliates without its or their respective express, written consent. All other trademarks, trade names, service marks and the like that appear on our website, services or products are the property of their respective owners. You may not use any of these trademarks, trade names, trade dress, or service marks without the respective owners express permission.
Ownership of Data
You agree that all rights, title, and interest in and to the data generated by or on the Arbor Real Estate system, except that certain data provided by third parties pursuant to separate agreements with us may be owned by the respective third party data provider. In the latter case, you agree to comply with such provider’s terms and conditions of use. We may retain, use, or transfer our data as we, in our sole discretion, may determine.
License and Site Access
By posting, storing, or transmitting any content, you hereby grant us and our affiliates, successors, and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyrights, publicity, and database rights to such content, in any media now known or created in the future, and to display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content or materials you send to our website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. To the maximum extent permitted under applicable law, you hereby irrevocably waive any claims based on moral rights, if any, to such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this agreement and will not negligently or willfully cause injury to any person or entity.
We may retain and use for our own purposes all information you provide, including but not limited to website demographics and contact and billing information. You agree that we may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in our website, including to third parties that reside in jurisdictions with less restrictive data laws than your own jurisdiction. We disclaim all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party. We may share aggregate information about you with advertisers, publishers, business partners, sponsors, and other third parties. In addition, you grant to us the right to access, index, and cache your website, or any portion thereof, including by automated means including web spiders or crawlers.
Arbor Real Estate grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use our website solely in order to use the services and purchase products in full compliance with this agreement, except that unregistered and unauthorized users may not browse pages of our website restricted to registered users. You agree not to download (other than page caching for authorized users) or modify our website, or any portion of it without our express, written consent. Other than as specified in this agreement, such license does not include any rights of resale or commercial use of our website or its contents; any collection or use of any media metrics (whether those of Arbor Real Estate or others) available on or through the website, product listings, descriptions, or prices; any derivative use of our website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, scraping, or similar data gathering or extraction tools. Our website (or any portion of it) may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our prior express, written consent. Any unauthorized use terminates the permission or license granted by Arbor Real Estate.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of our website so long as the link does not use any Arbor Real Estate trade names, trademarks or service marks, or portray Arbor Real Estate or its affiliates, or its or their products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not deep link to our website without our prior express written permission specifying you by name.