Privacy Statement:
The Greater Las Vegas Association of REALTORS® (“Association”) is committed to protecting the privacy and confidential information of the members on/within any ASSOCIATION website. This section of the privacy policy discloses the types of information collected, how that information is used to grant access to various portions of the website, and the restrictions on the dissemination of that information by the Association. Any changes to the privacy policy are effective upon posting to the website.
Types of Information Collected:
To ensure that only authorized persons have access to member supplied information on any ASSOCIATION website, information is collected, and its access is limited, including:
All active members of The ASSOCIATION are granted access to the websites via the use of their assigned public and private ID numbers. Based on the member’s profile, access is dynamically granted to the various parts of the websites.
Members requesting information from or through any other source not owned or controlled by The ASSOCIATION, which are accessed or referenced directly or indirectly through any Association website, may knowingly or unknowingly provide information to the sponsors of those sites. The disclosure of that information will be subject to the privacy policies of those other sites, and not this privacy policy nor any agreement, express or implied, with The ASSOCIATION.
Though we make every effort to preserve member privacy, we may need to disclose personal information when required by law when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process.
We may share aggregated demographic information with our affiliates and/or advertisers not linked to any personally identifiable information.
Who Has Access to Information:
To access portions of any Association website, a member is required to give certain information to ensure that member is authorized to access the information requested. The confidential portion of that information is accessible only by that member and the support staff who administers The ASSOCIATION owned sites. All staff members are bound by The ASSOCIATION'S confidentiality agreements and policies.
To fulfill a member's request for information, that member may consent, actively or passively, to have certain information sent to The ASSOCIATION, an affiliate, or a third party vendor to allow an appropriate response with the information the member requested.
Members may also belong to other organizations which are affiliated with The ASSOCIATION, with which we may share information on membership and use in order to grant a member access to certain portions of an ASSOCIATION website. In addition, The ASSOCIATION may have contractual and other relationships with organizations in order to improve the features of, and information within, any Association website. These third parties are not allowed to use personally identifiable information except for the purpose of providing those described items.
If a member's personally identifiable information changes (such as zip code, phone, email or postal address), or if a member no longer desires our service, we provide a way to correct, update or delete/deactivate members' personally identifiable information by contacting us using the means and addresses at the end of this privacy policy statement.
How We Collect Information:
In order to provide members optimal access and features, The ASSOCIATION collects information in several ways, including:
We request information from a member ordering goods or services. A member must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, the information is used to contact the member.
Members who post information to, and use information from any ASSOCIATION website are each given a profile which tracks and records usage. This enables the website to verify that only appropriately authorized members post and edit information. Profiles also allow the tracking of usage to assist in assuring members that the information on the website is accurate and up to date.
We store information that we collect through cookies, log files, clear gifs, and/or third parties to create a profile of our members and members. A profile is stored information that we keep on each individual member and member that detail their viewing and usage preferences. This profile is used to tailor a member's visit to any ASSOCIATION website.
A cookie is a piece of data stored on the member's computer tied to information about the member. We use both session ID cookies and persistent cookies. For the session ID cookie, once members close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the member's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions but may cause portions of any ASSOCIATION Website to no longer be available to that member.
Like most standard web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track member's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses are tied to personally identifiable information to enable our Web-based service. We may use a tracking utility that uses log files to analyze member movement. This privacy statement covers the use of cookies by The ASSOCIATION only and does not cover the use of cookies by any advertisers or other affiliates.
We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of internet members. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence and may be tied to members' personally identifiable information.
Association Websites may contain links to other sites.
Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our members to be aware when they leave our site and to read the privacy statements of each and every web site they visit which may collect personally identifiable information. This privacy statement applies solely to information collected by The ASSOCIATION; this privacy policy does not apply to other web sites a member may access by or through an Association website.
Informational Surveys:
From time-to-time our site may request information from members via surveys. Participation in these surveys is completely voluntary and the member therefore has a choice whether or not to disclose requested information. Survey information may be used for purposes of monitoring or improving the use and satisfaction of this site. Though we may use an intermediary to conduct these surveys, they may not use members' personally identifiable information for any secondary purposes.
Data Security:
The ASSOCIATION takes every precaution to protect our members' and members' information. When members submit sensitive information via the web site, their information is protected both online and off-line.
When our registration/order form asks members to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL.
While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when members are just "surfing". While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect member-information off-line. All of our members' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Any time new policies are added; our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our members' information is protected. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.
Privacy Issues with Links to Other Sites:
ASSOCIATION is not responsible for the availability of or the business and privacy practices of other Web sites which are linked or connected to LasVegasRealtor.com. We provide these links to our visitors for information and service. We do not take responsibility for the contents, advertising, products or other materials made available through any other Web site nor for their data collection practices. We refer you to their Privacy Statements and Policies to learn how they collect and use information about you.
Privacy Statement Changes:
ASSOCIATION reserves the right to change or amend its Privacy Statement to address new issues of privacy and information security and to reflect changes to our Web site or business practices. Any new changes and/or amendments will be noted on our Home Page and will always be posted in this section of the ASSOCIATION Web site. If we make material changes to this policy in how we use your personal information, we will notify you here, by email, or by means of a notice on our home page.
Questions about this Privacy Statement:
If you have any questions about this Privacy Statement or the practices of this Web site, you can send an e-mail to: Admin@glvar.org.
Greater Las Vegas Association of REALTORS®
1750 East Sahara Avenue
Las Vegas, Nevada 89104
(702) 784-5000
Greater Las Vegas Association of Realtors (“ASSOCIATION”) Terms and Conditions of Use (“Agreement”) PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS AND USE OF WWW.LASVEGASREALTOR.COM AND THE ASSOCIATION EXTRANET (collectively, the “Site”) CAREFULLY.
1. Acceptance of Terms of Use.
By using this Site with your personal login, you agree to be bound to these Terms and Conditions of Use. You acknowledge that you have agreed to, and have executed, either a hardcopy Subscriber License and Access Agreement or a Participant Subscriber License and Access Agreement, the terms of which govern your use of this Site and the information you access from it. The Terms and Conditions you are accepting by using this Site , are in addition to, or restate, those contained in that hardcopy Agreement. ASSOCIATION, its subsidiaries, members, business affiliates and suppliers (“we” “us” or “our”) make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these terms, conditions and notices. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this Site after we post any changes to these Terms and Conditions you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms and Conditions at any time, please do not use this Site.
2. Scope of Terms and Conditions. These Terms and Conditions apply to your use of this Site owned and operated by ASSOCIATION. These Terms and Conditions do not apply to your use of unaffiliated Sites to which our Site merely links.
3. Links. These Terms and Conditions apply only to our Site and not to the web sites of any other companies, organizations or individuals including those to which our Site may link. We are not responsible for the availability of any other site to which our Site links. We do not take responsibility for the contents, advertising, products or other materials made available through other any site nor do we endorse the sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use or reliance on any content, goods or services available on any other site. Please direct your concerns to that site’s webmaster or appropriate contact.
4. Proprietary Rights and Restrictions on Use:
You acknowledge that the information available through this Site may include textual, statistical, financial, photographic, video and audio components which are protected by United States Copyright Law. You acknowledge that this information is confidential and its use is restricted to your own internal business purposes, and no other commercial purpose. You shall not reproduce, redistribute, publish, retransmit, broadcast, sell or license or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any such information, except as agreed in writing between us. You agree to comply with any additional use restrictions which may be announced by ASSOCIATION at any time regarding specific information provided through this Site.
5. Copyright Ownership.
All rights, title and interest in this Site created by ASSOCIATION and in the ownership of the copyright therein, shall at all times remain vested in ASSOCIATION. ASSOCIATION shall have the right to license such compilations or portions thereof and any data contained therein to any entity pursuant to the terms agreed upon by the ASSOCIATION Board of Directors.
6. Restrictions on Use.
You may not modify, publish, copy, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any and/or all information and content obtained from this Site. This prohibition includes, but is not limited to, the practice of “screen scraping” which we consider theft of our proprietary information and those who deal with our data in this manner may be subject to prosecution. By using this Site you warrant to ASSOCIATION that you will not use this Site for any unlawful purpose or any prohibited use pursuant to these Terms and Conditions. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.
7. Security of Our Access ID’s and Penalties for Disclosure.
The unique alphanumeric ID we give to you for accessing the Site (“Access ID”) is owned by us. You shall treat the Access ID as private, confidential and personal and shall safeguard and maintain its confidentiality. Use by any other person shall be considered as theft. You are liable for any consequences that may result from unauthorized disclosure of the Access ID, whether intentional, negligent or inadvertent, including but not limited to immediate termination of this Agreement and liability for liquidated damages. Technological advances allow us to seed the data on this Site and to undertake user monitoring on a regular random basis such that violations of the security of our Access ID’s will be detected.
8. Liability Disclaimer.
You use this Site at your own risk. Your use of the data provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR MEMBERS, AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.
9. Warranty Disclaimer.
You expressly understand and agree that this Site and the information available through this Site is provided on an “as is” “as available” basis. ASSOCIATION does not warrant that this Site will be uninterrupted or error-free, and ASSOCIATION makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information available through the Site. ASSOCIATION expressly disclaims any and all warranties with respect to the Site and the information available through the Site, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. This Site and the information available through this Site are always subject to change.
10. Indemnification.
You shall indemnify and hold us and third-party information suppliers, harmless from any and all liability (including reasonable fees of attorneys and other professionals) arising from any claim or proceeding initiated by any third party against us, based upon;
(a) any inaccuracy of any listing information supplied by you,
(b) any unauthorized use of our Access ID’s,
(c) any unauthorized use of the Site, or
(d) infringement of any third party’s proprietary or contract right as a result of the availability of your listing information on this Site.
11. Membership Termination.
Should you terminate REALTOR® membership or participation in the ASSOCIATION Multiple Listing Service, any licensed agent subscriber and non-licensed office staff affiliated with you shall also be terminated.
12. Changes to the Site.
ASSOCIATION may make changes or improvements to the information, services, products or other materials on this Site at any time without notice.
13. Confidentiality.
(a) You shall use the Site only for the purposes set forth in these Terms and Conditions, and you shall make no copies, extracts, digests or summaries for any other purpose, except in strict furtherance of the limited purposes stated herein. You shall maintain the source of the data contained in the Site as confidential information.
(b) You shall not disclose or provide access to this Site to any friends, affiliates, parent organization, subsidiaries, corporate partners, consultants, shareholders, agents, third parties or any persons. You agree not to provide or otherwise make available any licensed program or material or access to the Site to any person without prior written consent from us.
(c) You acknowledge that the Site is proprietary to us, has been developed as a commercial trade secret at the expenditure of our time and money, and is furnished to you in trust. You agree that you will hold and use the Site in the same manner as you deal with your own proprietary information and trade secrets.
(d) You shall initiate strict security measures to prevent the accidental or otherwise unauthorized use or release of access to the Site, with particular respect to consumer information that is considered “sensitive”, namely: financial information including, but not limited to, listing price, sales price, mortgage values, real estate loan information, default and foreclosure information, as related to a named individual owner.
(e) Upon your violation of this paragraph, and without cause stated, we may exclude you from access to the Site and thereby terminate this agreement upon notification by us.
14. Privacy.
We are committed to protecting privacy and security and have explained in detail what we do. We urge you to read our Privacy Policy. If you will use any information from this Site, or cause any information from this Site to be used, for your internal business purpose of marketing, your marketing efforts, solicitations, ad copy and/or other communications using or derived from the Site, shall:
a) exclude any reference to information that is specific to any particular individual recipient of any such marketing communication; and
b) comply with all applicable privacy, data security, best practices and all other laws, rules and regulations relevant to your business model, including but not limited to, the “Controlling the Assault of Non-Solicited Pronography and Marketing Act” (CAN-SPAM Act of 2003), the Final Rules promulgated by the Federal Trade Commission in furtherance of the Gramm Leach Bliley Act, the Telephone Consumer Protection Act of 1991, as amended, the Fair Credit Reporting Act, Federal Do-Not-Call laws, various State Do-Not-Call laws, and the Direct Marketing Association’s applicable privacy and information security policies.
15. Jurisdictional Issues. We operate and control our Site from our offices in Las Vegas, Nevada in the United States of America. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local privacy, consumer protection and other laws, if and to the extent such local laws are applicable.
16. Miscellaneous.
These Terms and Conditions will be governed by laws of the State of Nevada without regard to principles or conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Las Vegas, Nevada.
If any of these Terms and Conditions are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.
This Agreement may be modified only by our posting of changes to these Terms and Conditions. Any inquiries regarding these terms and conditions of use should be directed to Admin@glvar.org.
Required Information from Members
All members of the Association wishing to maintain an active status with the Association and receive the benefits and services entitled to members must supply the Association with accurate and up-to-date information at all times. The following information is required of all members: Legal First Name, Legal Middle Initial, Legal Last Name, Complete Home Mailing Address*, Home Telephone Number*, Social Security Number*, Date of Birth*, State License Number, License Expiration Date, Previous NRDS Number, Office Number and Address. (Items followed by an * are considered Confidential.)
It is the member’s responsibility to insure that all information is kept up to date. Most of these fields can be updated online at http://www.LasVegasRealtor.com or by calling a customer service representative at 702-784-5000. Failure to keep this information up-to-date could result in fines, and/or termination of services leading to termination of membership.
Greater Las Vegas Association of Realtors (“ASSOCIATION”) Terms and Conditions of Use (“Agreement”) PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS AND USE OF WWW.VEGASREALTORS.ORG AND THE ASSOCIATION EXTRANET (collectively, the “Site”) CAREFULLY.
You've Got Mail Terms of Service
1. ACCEPTANCE OF TERMS
GLVAR provides its service to you,
subject to the following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you. In addition, when using
particular GLVAR services, you and GLVAR shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time to
time.
2. DESCRIPTION OF SERVICE
You are responsible for obtaining
access to the Service and that access may involve third party fees (such as
Internet Service Provider or Airtime Charge). In addition, you must
provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of
Service, you agree to provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form.
4. MEMBER ACCOUNT, PASSWORD AND
SECURITY
You will receive a password and
account designation upon successful verification that your account with
GLVAR is in good standing. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify GLVAR of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit form your account at
the end of each session. GLVAR cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section 5.
5. MEMBER CONDUCT
You agree to abide by GLVAR Policies
and Bylaws.
You understand that all information,
data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such content originated.
This means that you and not GLVAR are entirely responsible for all Content that
you upload, post, email, transmit, or otherwise make available via the service.
GLVAR does not control the content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to content that is
offensive, indecent, or objectionable. Under no circumstances will GLVAR
be liable in any way for any content, including, but not limited to, for any
errors or omissions in any content, or for any loss or damage of any kind
incurred as a result of the use of any content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited to, a GLVAR
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e.
upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available 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, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purpose;
h.
upload, post, email, transmit or otherwise make available 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;
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.
You acknowledge that GLVAR does not pre-screen Content, but that GLVAR and
its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, GLVAR and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by GLVAR or submitted to GLVAR.
You acknowledge and agree that GLVAR may preserve Content and may also
disclose 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 the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of GLVAR, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
6. INDEMNITY
You agree to indemnify and hold
GLVAR, and its subsidairies, affiliates, offices, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including reasonable
attorney's fees, made by any third party due to or arising out of Content you
submit, post, transmit, or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GLVAR may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on GLVAR's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that GLVAR has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that GLVAR reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that GLVAR
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
8. TERMINATION
You agree that GLVAR, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if GLVAR believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. GLVAR may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that GLVAR may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that GLVAR shall
not be liable to you or any third-party for any termination of your access to
the Service.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLVAR EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
GLVAR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED.
c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM GLVAR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLVAR SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF GLVAR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
