WHAT YOU SHOULD KNOW
Welcome to the Artists of the Black Hills web site.
(the "Web Site"). The goal of this Web Site is to provide you with access to the
most comprehensive network of residential real estate products/services and related
links to meet your needs (the "Content"). Please read our Terms of Use (the "Terms")
carefully before continuing on with your use of this Web Site. These Terms shall
govern the use of the Web Site and apply to all Internet traffic visiting the Web
Site. By accessing or using this Web Site, you agree to the Terms. The Terms are
meant to protect all of our Web Site visitors and your use of this Web Site signifies
your agreement with these Terms.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.
Artists of the Black Hills ("We", "Us", "Our") reserves the right,
in its sole discretion, to modify, alter or otherwise update these Terms at any
time. Such modifications shall be effective immediately upon posting. By using this
Web Site after we have posted notice of such modifications, alterations or updates
you agree to be bound by such revised Terms.
PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and You agree not
to use or permit others to use this Web Site, to: (a) take any action that imposes
an unreasonable or disproportionately large load on the Web Site's infrastructure,
including but not limited to "spam" or other such unsolicited mass e-mailing techniques;
(b) disclose or share the assigned confirmation numbers and/or passwords with any
unauthorized third parties or use the assigned confirmation numbers and/or passwords
for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or
reverse engineer any of the software or HTML code comprising or in any way making
up a part of this Web Site; (d) upload, post, email or otherwise transmit any information,
Content, or proprietary rights that You do not have a right to transmit under any
law or under contractual or fiduciary relationships; (e) violate any applicable
local, state, national or international law, including, but not limited to, any
regulations having the force of law; or (f) use any robot, spider, intelligent agent,
other automatic device, or manual process to search, monitor or copy our Web pages,
or the Content without our prior written permission, provided that generally available
third party Web browser may be used without such permission.
LINKS
This Web Site may contain links to other web sites ("Linked Sites"). The Linked
Sites are provided for your convenience and information only and, as such, you access
them at your own risk. The content of any Linked Sites is not underArtists of
the Black Hills' control, and Artists of the Black Hills
is not responsible for, and does not endorse, such content. You may not establish a hyperlink
to this Web Site or provide any links that state or imply any sponsorship or endorsement
of your web site by Artists of the Black Hills
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" 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, Artists of the Black Hills DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER Artists
of the Black Hills, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION,
PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED
IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY
FOR YOUR CONVENIENCE AND INFORMATION ONLY. Artists of
the Black Hills.
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
Artists of the Black Hills) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER
Artists of the Black Hills, NOR ITS AFFILIATED OR RELATED ENTITIES
(INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS),
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED
IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS WEB
SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS,
DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY
OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM
THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE (INCLUDING, WITHOUT
LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE). BY WAY OF EXAMPLE,
AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Artists of the Black
Hills AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE
FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT Artists of the Black Hills IS NOT LIABLE
OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS
OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS,
Artists of the Black Hills.' LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Artists of the Black Hills,
the Providers, and Web Site hosting service providers, and its and their 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 of Artists of the Black Hills, its
Providers, and Web Site hosting service providers, and its and their 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.
JURISDICTIONAL ISSUES
Unless otherwise specified, the Content contained in this Web Site is presented
solely for your convenience and/or information. This Web Site is controlled and
operated by Artists of the Black Hills from its offices within Parsippany,
NJ. Artists of the Black Hills makes no representation that Content
in its Web Site is appropriate or available for use in other locations. Those who
choose to access this Web 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 Web 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, as they are
applied to agreements entered into and to be performed entirely within such State.
Any action you, any third party or Artists of the Black Hills brings
to enforce these Terms, or in connection with any matters related to this Web 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 sever able from these Terms and shall not affect
the validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each obligation referenced herein,
represent the entire Agreement between Artists of the Black Hills,
its affiliated or related entities, and you, and supersede any prior agreements
or understandings not incorporated herein. In the event that any inconsistencies
exist between these Terms and any future published terms of use or understanding