WEB SITE TERMS OF USE
Welcome to the PittsburghMoves.com 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. Coldwell Banker Real Estate
Services (“CBRES”, “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. In accordance with our goals, this Web Site will permit you
to link to many other web sites, that may or may not be affiliated with this Web
Site and/or CBRES, and that may have terms of use that differ from, or contain terms
in addition to, the terms specified here. Your access to such web sites through
links provided on this Web Site is governed by the terms of use and policies of
those sites, not this Web Site.
PRIVACY
Registration data and certain other information about you are subject to our Privacy
Policy. For more information, please review our full Privacy Policy which can be
found on coldwellbanker.com.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by CBRES, . All content on this Web Site,
including, but not limited to text, images, illustrations, audio clips, and video
clips, is protected by copyrights, trademarks, service marks, and/or other intellectual
property rights (which are governed by U.S. and worldwide copyright laws and treaty
provisions, privacy and publicity laws, and communication regulations and statutes),
and are owned and controlled by CBRES or its affiliates, or by third party content
providers, merchants, sponsors and licensors (collectively "Providers") that have
licensed their content or the right to market their products and/or services to
CBRES. Content on this Web Site or any web site owned, operated, licensed or controlled
by the Providers is solely for your personal, non-commercial use. You may print
a copy of the Content and/or information contained herein for your personal, non-commercial
use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute,
and/or exploit the Content or information in any way (including by e-mail or other
electronic means) for commercial use without the prior written consent of CBRES
or the Providers. You may request consent by faxing a request to NRT LLC Legal Department
at 973-240-5059. Without the prior written consent of CBRES or the Providers, your
modification of the Content, use of the Content on any other web site or networked
computer environment, or use of the Content for any purpose other than personal,
non-commercial use, violates the rights of the owners of the coldwellbanker.com
and/or the Provider copyrights, trademarks or service marks and other proprietary
rights, and is prohibited. As a condition to your use of this Web Site, you warrant
to CBRES that you will not use our Web Site for any purpose that is unlawful or
prohibited by these Terms, including without limitation the posting or transmitting
any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material. If you violate any of these Terms, your permission to use our
Web Site immediately terminates without the necessity of any notice. CBRES retains
the right to deny access to anyone at its discretion for any reason, including for
violation of these Terms. You may not use on your web site any trademarks, service
marks or copyrighted materials appearing on this Web Site, including but not limited
to any logos or characters, without the express written consent of the owner of
the mark or copyright. You may not frame or otherwise incorporate into another web
site any of the Content or other materials on this Web Site without prior written
consent of CBRES.
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, for any of the following: (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 to, or share with, the assigned confirmation
numbers and/or passwords with any unauthorized third parties or using 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,
emailing or otherwise transmitting 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) violating any applicable local, state, national or international
law, including, but not limited to, any regulations having the force of law; and,
(f) using 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 such
as Netscape Navigator® and Microsoft Internet Explorer® 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 under CBRES's control,
and CBRES is not responsible for, and does not endorse, such content, whether or
not CBRES is affiliated with the owners of such Linked Sites. 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 CBRES, or its affiliates or Providers.
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, CBRES DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. NEITHER CBRES, ITS AFFILIATED OR RELATED ENTITIES, 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. CBRES
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 CBRES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER CBRES, NOR ITS AFFILIATED
OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION
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.
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CBRES 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 CBRES 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, CBRES'S LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless CBRES and the Providers, 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 CBRES and its Providers, 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 CBRES from its offices within Pennsylvania. CBRES 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 Pennsylvania,
as they are applied to agreements entered into and to be performed entirely within
such State. Any action you, any third party or CBRES 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 Pennsylvania 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 CBRES, 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, the last published Terms or terms of use or understanding
shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COLDWELL BANKER REAL
ESTATE SERVICES.