Ampiera Group, LLC. (“Ampiera”) provides users with access to a collection of websites, resources, data, software, and tools (“Service”). The services that we provide are subject to the following Terms and Conditions of Use (“T&C”), which we may modify by posting revised T&C on our website(s) from time to time without providing notification. Unless stated otherwise, any new features or enhancements to the current Service shall be subject to this agreement in addition to any T&C applicable to particular services. You are responsible for regularly reviewing these T&C and any applicable changes. Continued use of the service after any changes take effect will constitute your acceptance of such changes. You can review the current version of these Terms and Conditions of Use at http://www.ampiera.com
When you visit and use any site within Ampiera’s family of websites or when you register for a new Ampiera account, you are both agreeing to be bound by these T&C and representing that you are of legal age to form a binding contract. If you do not wish to be bound by this agreement, please refrain from using our services, accessing our websites, or registering for an Ampiera account. By submitting your contact information to Ampiera, you agree that Ampiera may contact you.
DISCLAIMERS OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
AMPIERA PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY SOFTWARE OR OTHER MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN VIA THE SERVICE IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL.
THE INFORMATION PROVIDED BY THE SERVICE IS DEEMED TO BE ACCURATE BUT AMPIERA CANNOT GUARANTEE ITS ACCURACY. TO THE FULLEST EXTENT PERMITTED BY LAW, Ampiera EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES REGARDING THE ACCURACY, SUFFICIENCY, VERACITY, VALUE, APPROPRIATENESS, CORRECTNESS, COMPLETENESS, LEGALITY, SECURITY, AVAILABILITY, OPERABILITY, TIMELINESS, RELIABILITY, OR USEFULNESS OF INFORMATION, DATA, SERVICES OR PRODUCTS PROVIDED THROUGH, OR IN CONNECTION WITH, THE SERVICE. Ampiera DOES NOT INTEND THE INFORMATION PROVIDED BY THE SERVICE TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR CONFIRMING THE ACCURACY AND RELIABILITY OF ANY INFORMATION CONTAINED IN THE SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
AMPIERA AND ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, INVESTORS, ASSIGNS, SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMPIERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
AMPIERA BEARS NO RESPONSIBILITY FOR ANY DAMAGES ARISING FROM ANY FAILURE OF PERFORMANCE, FAILURE TO STORE, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, ERROR IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TELECOMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, ALTERATION OR USE OF RECORDS, BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF Ampiera, ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, ASSIGNS, SUBSIDIARIES AND AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Third Party Content.
As consideration for using the Service, you understand and agree that Ampiera may display advertisements and provide links to third-party content and websites over which Ampiera has no control. Ampiera takes no responsibility for any content, advertising or products from third party service providers, including any content considered harmful, objectionable, inappropriate or offensive, and Ampiera does not endorse or guarantee the availability of such third party services. You agree that Ampiera shall not be liable for damage of any sort incurred as the result of your dealings with advertisers or of your use of third-party goods or services.
When using the Ampiera Service, you:
(a) agree to maintain and update your account information to keep it complete and accurate;
(b) agree to maintain the confidentiality of your account password and notify Ampiera of any unauthorized use of your password or account or any other security breach;
(c) agree to use the Service only for your sole, personal, private, noncommercial use;
(d) agree NOT to upload, post, email, transmit or otherwise make available (“Make Available”) any content:
i) that you are not permitted to Make Available under any law, contractual duty, or fiduciary relationship;
ii) that infringes any patent, trademark, trade secret, copyright or other proprietary right; or
iii) that is unlawful, fraudulent, defamatory, harassing, offensive, indecent or inappropriate as reasonably determined by Ampiera; and
(e) agree NOT to impersonate another person or entity, or to falsely state or otherwise misrepresent your affiliation with a person or entity.
Ampiera reserves the right to restrict, disable, suspend or terminate your account and refuse any and all current or future use of the Service without prior notice and for any reason. Ampiera also reserves the right, but bears no obligation, to monitor, screen, and remove any content available through the Service.
Minimum Age Limit.
You must be eighteen (18) years of age or older to use the Service, and you must have all necessary right, power and authority to enter into these T&C and to perform the acts required hereunder.
Real Estate Services.
Real Estate Clients.
You represent that you have not entered into any agreement, such as a listing agreement or buyer broker agreement, with a real estate agent or agency other than a Ampiera employee, agent or contractor.
Real Estate Data.
You agree that all data obtained from the Service is intended only for your personal, noncommercial use for the purpose of evaluating properties for sale or purchase. You represent that you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the Service. You will not copy, redistribute or retransmit any of the MLS Data or any other home information provided through the Service. You acknowledge InfoLink’s ownership of a copyright in the MLS Data and the validity of InfoLink’s copyright.
Financial and Mortgage Tools.
The financial calculations available through the Service are not an offer to lend. Interest rates are for demonstration purposes only, and actual market interest rates may vary.
You agree to refrain from contacting the owner or seller of any property identified using information obtained through the Service. Furthermore, you agree that Ampiera employees, agents or contractors may represent other prospective buyers of the same properties that meet your criteria.
Intellectual Property Rights.
You acknowledge that Ampiera owns all right, title and interest in the Service, including all intellectual property rights protected by US and international law. You agree that you will not copy, reproduce, alter, modify, retransmit, redistribute decompile, disassemble, reverse engineer, or create derivative works from the Service or its software. You also agree not to use any automated or manual process, robot, spider or screen-scraper to copy or monitor any part of the Service.
All content and compilations included on the Service, such as text, graphics, logos, buttons, images, audio, video, charts, graphs, data compilations, and software, are the property of Ampiera or its content suppliers and are protected by US and international law.
Ampiera, the Ampiera logo and other marks indicated on the Service are trademarks of Ampiera. Other graphics, logos, buttons, or service names are trademarks or trade dress of Ampiera or its affiliates.
Pending patents apply to the Ampiera website(s) and the Ampiera Service.
Ampiera does not claim ownership in the Content you Make Available on the Service, including any text, data, information, images, photographs, music, sound, video or other material (“Your Content”). However, if you submit Your Content to Ampiera, you grant Ampiera and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, alter, modify, adapt, publish, translate, distribute, display, create derivative works from or otherwise Make Available Your Content throughout the world in any media. By submitting Your Content to Ampiera, you agree to indemnify Ampiera for all claims arising from Your Content and to abide by the policies above concerning Your Conduct.
Responsibility for Your Content.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Ampiera. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right to Use Your Content.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Ampiera and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
As between you and Ampiera, you own Your Content. We own the Ampiera Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Ampiera Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Ampiera Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Ampiera Content are retained by us.
Ampiera and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content does not necessarily reflect the opinion of Ampiera. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Site to: Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review; Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; Threaten, stalk, harm, or harass others, or promote bigotry or discrimination; Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Ampiera; Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website; Solicit personal information from minors, or submit or transmit pornography; or Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to: Violate the Terms; Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Ampiera; Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content; Reverse engineer any portion of the Site; Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; Record, process, or mine information about other users; Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews; Reformat or frame any portion of the Site; Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Ampiera’s technology infrastructure or otherwise make excessive traffic demands of the Site; Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site. The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Guidelines and Policies.
You represent that you have read and understood our Content Guidelines.
Procedure for Submitting Claims of Copyright Infringement. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact the Ampiera Copyright Agent at:
Copyright Agent Ampiera Group, LLC 136-19 Franklin Ave. Suite 6A Flushing, NY 11355
The T&C constitutes the entire agreement between you and Ampiera and governs your use of the Service, superseding any prior agreement(s). An electronic version of this agreement shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents generated in printed form.
The T&C shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Ampiera consent to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.
The failure of Ampiera to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
If any provision of the T&C is found by a court of competent jurisdiction to be invalid, you and Ampiera nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of the T&C shall remain in full force and effect. However, you and Ampiera agree that courts should not give legal or contractual effect to the section titles themselves.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Ampiera as a result of this agreement. You also agree that there are no survivorship rights or third party beneficiaries to this agreement.
Under no circumstances shall Ampiera be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or other forces beyond its reasonable control, including, without limitation, fires, floods, storms and acts of God.