Shepherd Realty Services Northern Indiana Real Estate Specialists
 

 

Terms Of Use

for NorthernIndaianaRealEstate.com

 Please read this agreement carefully. By using any part of this website you agree to these terms, and to be legally bound by, this agreement between you and NorthernIndianaRealEstate.com. If you do not wish to be bound by this agreement, please do not use this website.

 1. NorthernIndianaRealEstate.com (SITE) is owned and operated by Shepherd Realty Services, llc (hereinafter referred to as "OWNER"). OWNER is licensed by the state of Indiana as "real estate broker company" and that license number is RC50700005.

 2. OWNER shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services.

 3. Copyright, Patent and Trademark Notice. All content of the Web Site provided by NorthernIndianaRealEstate.com, including, but not limited to, all text, photos, graphics, audio, software, presentations in any format and/or video is copyrighted by OWNER, or its affiliates or subsidiaries. Copyright © 2007 Shepherd Realty Services, llc. All rights reserved. No portion of the Information or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created. The foregoing prohibition includes, but is not limited to "screen scraping" or "database scraping" to obtain lists of users or other Information. Nor may any portion of the Information or other materials be stored in a computer or distributed over any network, except that you may download or print one copy of pages strictly for personal and non-commercial use; however, any print out of any page of the Web Site or portion thereof, must include OWNER's copyright notice.

 3.1 Notice of Copyright Infringement. OWNER respects the copyrights of others. OWNER reserves the right, but not the obligation, to terminate your license to use the services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. OWNER has implemented procedures for receiving written notification of claimed infringements. If you believe that your copyrighted work has been reproduced on the Web Site in a way that constitutes copyright infringement you may notify our designated copyright agent, Tim Williams, Williams Williams & Madam LLP, 2961 Industrial Road #120, Las Vegas, Nevada 89109, or by e-mail at copyright@northernindianarealestate.com.

 3.2 Restricted Use of the Site. You agree to use NorthernIndianaRealEstate.com and the information contained for lawful purposes only. You agree not to post or transmit any information through the site which: (a) infringes the rights of others or violates their privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (c) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary rights, or any other harm resulting from your use of the Service.

 3.3 Your Submission of information and content including specifically "for sale by owner real estate listings". You hereby grant to OWNER a worldwide, royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use for any purpose all messages, information, content or other materials posted by you on NorthernIndianaRealEstate.com or any e-mail sent by you to OWNER (in whole or in part) and to incorporate any such messages or other materials or e-mails in any form, into other media or technology whether now known or hereafter developed.

 3.4 Public messages. All electronic forums made available to users of the SITE are the sole property of OWNER and are not a public forum. You understand and acknowledge that all information, data, files, software, music, sound, photographs, graphics, video, messages or other materials posted by any person or entity other than OWNER ("Third-Party Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Third-Party Content originated. You assume total liability for all Third-Party Content that you upload, post, email or otherwise transmit via the Service. OWNER assumes no liability for any such Third-Party Content. You agree not to use the Service to:    

  A. upload, post, e-mail or otherwise transmit any Third-Party Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or hateful, or is racially, ethnically or otherwise objectionable;    

  B. harm minors in any way;    

  C. impersonate any person or entity, including, but not limited to, an official or representative of OWNER, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  D. forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the site;

  E. upload, post, e-mail or otherwise transmit any Third-Party Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  F. upload, post, e-mail or otherwise transmit any Third-Party Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  G. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  H. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or network;

  I. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

  J. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  K. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

  L. "stalk" or otherwise harass another; or

  M. collect or store personal data about other users.

 3.4  You acknowledge that OWNER does not pre-screen Third-Party Content, but that OWNER and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Third-Party Content that is available via the site. Without limiting the foregoing, OWNER and its designees shall have the right to remove any Third-Party Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Third-Party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-Party Content.

 3.5  You acknowledge and agree that OWNER may preserve Third-Party Content and may also disclose Third-Party Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Third-Party Content violates the rights of other third-parties; or (d) protect the rights, property, or personal safety of OWNER, its users, or the public.

 4. ACCESS AND DELAYS IN SERVICES.     OWNER, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Web Site. Further, OWNER, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.

 5. MONITORING OF SITE.     You acknowledge that OWNER reserves the right to, and may from time to time, monitor for all lawful purposes any and all Third-Party Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Third-Party Content, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.

 6. General Disclaimer and Limited Warranty. You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the Web Site are compiled from sources which may be beyond the control of OWNERS. Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. OWNER, its licensors and Vendors do not warrant the accuracy or suitability of any such Information. Neither OWNER nor its licensors or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Service. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEB SITE IS PROVIDED TO YOU ON AN "AS IS WITH ALL FAULTS BASIS." OWNER AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, OWNER AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.

 6.1 You assume all risk of errors and/or omissions in the Web Site, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web Site, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.

 6.2 Viruses. YOU ACKNOWLEDGE AND AGREE THAT OWNER USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE WEB SITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD OWNER HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.

 6.3 LIMITATION OF LIABILITY. YOU AGREE THAT OWNER AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER.

 7. INDEMNIFICATION.     YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY AND HOLD HARMLESS OWNER AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS' FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE WEB SITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEB SITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.

 8. Unsolicited E-mail. OWNER supports responsible e-commerce. OWNER does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail ("SPAM").

 8.1 Electronic Direct Marketing Programs. OWNER may develop and participate in electronic direct marketing to users of the Web Site who elect to receive electronic mail of specific interest to them. In keeping with this Agreement, OWNER does not forward the names and addresses (electronic or otherwise) to third parties. Advertisers who participate in OWNER's electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. OWNER then forwards the advertisements to users who have elected to receive that category of electronic mail.

 9. Termination. OWNER may terminate or suspend your use of the Web Site for any reason. Termination or cancellation of your use of the Web Site shall not effect any right or relief to which OWNER may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to OWNER.

10. You hereby acknowledge that the owners, controlling principles, employees, independent contractors, and affiliates of NorthernIndianaRealEstate.com, Shepherd Realty Services, LLC are also be licensed by the State of Indiana to conduct real estate business. You acknowledge that NorthernIndianaRealEstate.com, Shepherd Realty Services, LLC is a marketing company and the mere fact that the above named entities may hold professional licenses in no way constitutes an agency relationship with those entities unless such agency relationship is specified in writing. The owners, controlling principles, employees, and independent contractors may also have an ownership or other interest in affiliated providers of real estate, mortgage, and title services and because of that interest may receive direct or indirect financial or other benefits.

 11. Entire Agreement. This Agreement is complete and effective at the time you begin use of the Service. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and OWNER. In the event that any inconsistencies exist between this Agreement and any future published terms or understanding, the last published Agreement or terms of use shall control.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SHEPHERD REALTY SERVICES, LLC.

Copyright © 2007 Shepherd Realty Services, llc All rights reserved.