TERMS OF USE

This Agreement describes the terms and conditions (“Terms”) pursuant to which you may access and use the services provided on lynchburgvarealtors.com and other Lynchburg Association of REALTORS® social media forums (“Sites”). Please read this Agreement carefully as your use of the Sites constitutes your binding acceptance of these Terms, including any modifications we may make. Please review the linked Privacy Policy which also governs your use and interaction with the Sites. In consideration of the Lynchburg Association of  REALTORS® granting you access to the Sites, you hereby agree as follows:

  1. Lynchburg Association of REALTORS® reserves the right at its sole discretion to change, modify, add or remove portions of these Terms at any time without notice or liability, and such modification shall become effective upon posting on the Sites. Your use of the Sites following any such modification shall be conclusively deemed to be your acceptance of such modification.
  2. The information provided on the Sites is for educational and informational purposes only. The information should not be construed as a recommendation by Lynchburg Association of  REALTORS® for any course of action regarding financial, legal or accounting matters. It is not meant as a substitute for professional advice from a qualified legal, accounting or financial professional.
  3. Lynchburg Association of  REALTORS® does not represent, warrant or endorse the accuracy or reliability of any information displayed, uploaded, downloaded or distributed through the Sites. Lynchburg Association of  REALTORS® disclaims liability for any damages or losses, direct or indirect, that may result from use of or reliance on information contained on the Sites.
  4. Lynchburg Association of REALTORS® may change, suspend or discontinue any aspect of the services provided at the Sites at any time without notice or liability, including the availability of any feature, blog, database or content.
  5. The Sites contain a combination of content that Lynchburg Association of  REALTORS® creates and its partners create.
  6. All materials published on the Sites, including but not limited to text, images, video, graphics and multimedia files (“Content”) are protected by all applicable copyright and trademark laws and owned by Lynchburg Association of REALTORS® or the party credited as the provider of the Content. All rights in the Content are expressly reserved by the applicable copyright and trademark owner.
  7. You may not sublicense, transfer or otherwise make any Content available to any third party for commercial purposes or financial gain or use the Content in any other media or in any other location other than as permitted in this section. You may not upload Content that contains advertising or promotion for a particular real estate listing or for real estate services, including brokerage, lending, title insurance, property or casualty insurance, property management, building developing or consulting.
  8. All Content provided by any party other than Lynchburg Association of REALTORS® must identify the party who provided that Content.
  9. By posting material to the Sites, you warrant and represent that you either own or otherwise control all of the rights to that material, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material, or that your use of the material is a fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the material you supply does not violate these Terms, and that you will indemnify and hold Lynchburg Association of  REALTORS® , its subsidiaries, affiliates, officers, employees, and agents, harmless for any and all claims resulting from material you supply.
  10. By Lynchburg Association of REALTORS® publishing your material to the Sites, you grant Lynchburg Association of  REALTORS® , its subsidiaries, affiliates, partners and third party licensees a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate your material with other content, create derivative works of and publicly perform that content for any purpose on and through each of the services provided by the Sites. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed.
  11. The Sites may contain links to other Internet websites operated by third parties. These links are provided as a convenience to access the information contained therein. Lynchburg Association of REALTORS® does not endorse or approve, is not a sponsor, partner, promoter or publisher of such sites or their content, and expressly disclaims any responsibility or liability for the content of any other websites. You should direct any concerns regarding any external link to the website’s administrator or Webmaster of such other site.
  12. Your dealings with advertisers and third party vendors found on or through the Sites, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Lynchburg Association of REALTORS® does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and you agree that Lynchburg Association of REALTORS® will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties You acknowledge that such third party sites usually have their own terms and conditions, including privacy policies, over which Lynchburg Association of REALTORS® has no control and which will govern your rights and obligations with respect to the use of those site.
  13. SITES PROVIDED BY LYNCHBURG ASSOCIATION OF REALTORS® ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE SITES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. LYNCHBURG ASSOCIATION OF REALTORS® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THESE SITES, OR THAT ACCESS TO OR USE OF THESE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THESE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LYNCHBURG ASSOCIATION OF  REALTORS® DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY. YOU AGREE THAT LYNCHBURG ASSOCIATION OF  REALTORS® IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES.

  1. As part of the registration process to use the Members Only portions of some Lynchburg Association of  REALTORS® Sites, you will select a user name and password. You may change your password at any time in accordance with the procedure on the Sites. You agree you are exclusively responsible for maintaining the security of your password. You agree to provide Lynchburg Association of  REALTORS® with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your access to the Sites.
  2. Lynchburg Association of REALTORS® reserves the right, but not the obligation, to send electronic mail to any and all users of the Sites for the purpose of informing them of changes or additions to the Sites or any related services or products.

11.Lynchburg Association of REALTORS® may at any time, in its sole discretion, terminate, limit or suspend your access to the Sites, without notice or liability, for any reason whatsoever, including without limitation your breach of this Agreement, the termination of your membership in Lynchburg Association of  REALTORS® , or repeated infringement of third-party rights, including copyright.

  1. This Agreement, its Terms, and use of the Sites are governed by and will be interpreted under the laws of the State of Virginia, United States of America, without reference to conflicts of laws and without regard to the location of execution or performance of this agreement. You hereby agree that any and all disputes which may arise and any litigation that may arise from such disputes will be litigated before a court located in the State of Virginia , County of Henrico, U.S.A., to the exclusion of the courts of any other country, state or county.
  2. If you believe that your intellectual property rights have been violated by Lynchburg Association of  REALTORS® or by a third party who has uploaded Content on our Sites, please provide the following information to the Lynchburg Association of REALTORS®-designated copyright agent listed below:
  3. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  4. A description of where the material that you claim is infringing is located on the Sites;
  5. An address, a telephone number, and an e-mail address where Lynchburg Association of REALTORS® can contact you and, if different, an e-mail address where the alleged infringing party, if not Lynchburg Association of REALTORS® , can contact you;
  6. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
  7. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
  8. Your electronic or physical signature.

Lynchburg Association of REALTORS® may request additional information before removing any infringing material. Lynchburg Association of  REALTORS® may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.

Lynchburg Association of  REALTORS® reserves the right to terminate, limit or suspend any user’s access to the Sites in the event of repeated infringing activity. If you believe that a user of the Sites is a repeat infringer, please follow the above instructions to contact Lynchburg Association of  REALTORS®’ copyright agent. Please include sufficient information to assist Lynchburg Association of  REALTORS® in determining that the user has engaged in such infringing activity repeatedly.