Terms of Use

These Terms were last updated October 15, 2007.

INTRODUCTION

IDXpand, LLC and/or its subsidiaries, partners, affiliates, and subscribers (together referred to as "IDXpand") operate a network of Web sites (Including, but not limited to SEARCHSTOVROFF.IDXPAND.COM) and associated Web pages. For the purposes of these Terms of Use, IDXpand refers to this group of Web sites as the "IDXpand Network."

Who is IDXpand?

IDXpand, LLC is an Internet services company which provides various forms of functionality and information to the Site(s) (Including, but not limited to SEARCHSTOVROFF.IDXPAND.COM). For more information about IDXpand, LLC and its services, please visit our site at www.idxpand.com.

Terms of Use

IDXpand offers you access to the IDXpand Network in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by IDXpand from time-to-time with or without notification. IDXpand refers to these terms, conditions, and notices, whether modified or unmodified, as the "Agreement" or as the "Terms of Use". IDXpand reserves the right to modify in its sole discretion this Agreement and/or the IDXpand Network without providing notification. You are responsible for regularly reviewing this Agreement. You can review the most current version of the Agreement at any time at: http://SEARCHSTOVROFF.IDXPAND.COM/template.smpl?arg=policy.

BY VISITING ANY PAGE WITHIN THE IDXPAND NETWORK, YOU AGREE TO BE BOUND BY THE TERMS OF USE ESTABLISHED ON THIS PAGE AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND IDXPAND, LLC, ITS PARTNERS, AFFILIATES, AND/OR ASSIGNEES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY OF IDXPAND, LLC AFFILIATED SITES.

FURTHERMORE, BY USING ANY OF THE IDXPAND NETWORK AFFILIATED SITES, YOU ACKNOWLEDGE THAT IDXPAND, LLC IS NOT A REAL ESTATE BROKER, REAL ESTATE AGENT, MORTGAGE BROKER OR MORTGAGE LENDER. IT DOES NOT AID OR ASSIST BORROWERS IN OBTAINING, SOLICIT BORROWERS OR LENDERS FOR, NEGOTIATE OR MAKE LOANS SECURED BY LIENS ON REAL PROPERTY.

Your use of certain Web sites and/or Web pages within the IDXpand Network may be subject to additional terms that are specific to such Web sites and/or Web pages (the "Specific Terms") as either contained (i) on this page below this Agreement and/or (ii) on such Web sites and/or Web pages through links provided.

Therefore, upon accessing any Web site or Web page within the IDXpand Network, please review any and all relevant terms and conditions that may be displayed on or linked from such Web site or Web page. In the event that (i) a Specific Term contained on such Web sites and/or Web pages or (ii) any other term or guideline contained within the IDXpand Network conflicts with this Agreement, this Agreement shall control.

 

TERMS OF USE OUTLINE

For your convenience, IDXpand provides the following section-by-section outline of the Terms of Use.

USE AND LIMITATIONS ON GENERAL USE OF THE IDXPAND NETWORK

Except where we specify otherwise, IDXpand offers you access to the IDXpand Network solely for your personal and non-commercial uses. You promise that you will not use the IDXpand Network, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the IDXpand Network. This means, among other activities, that you agree not to engage in the practices of “spamming,” "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the IDXpand Network in any manner that could damage, disable, overburden, or impair the IDXpand Network or interfere with any other party's use and enjoyment of the IDXpand Network. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the IDXpand Network services.

If and when requested by IDXpand you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of IDXpand, LLC, you agree that you will not access or attempt to access password protected, secure or non-public areas of the IDXpand Network. Unauthorized individuals attempting to access prohibited areas of the IDXpand Network may be subject to prosecution.

Except with the written permission of IDXpand, LLC, you agree that you will not create links from any Web site or Web page to any page within the IDXpand Network. You agree that if IDXpand, LLC, in its sole and unfettered discretion, requests in writing that you remove any link or links to the IDXpand Network, you will promptly do so. You agree that if you create any link to the IDXpand Network that you will not employ any technology that results in the placement of content from the IDXpand Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the IDXpand Network from how they would appear if a user typed in their URL to a typical browser line.

You agree that IDXpand may in its sole discretion and at any time terminate your access to and use of the IDXpand Network, or any part thereof, with or without notice.

From IDXpand, LLC
The IDXpand Network contains content and information originated by IDXpand (the "IDXpand Content") and/or third party providers. IDXpand presents and makes available such content and information through the IDXpand Network as a public service, for the sole purpose of aiding you, the individual consumer. IDXpand, LLC, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. The property information provided on Stovroff & Taylor Realtors by IDXpand is for personal, non-commercial use only. Property information is gathered from third-party resources including the seller and public records. IDXpand, LLC., its affiliates, subsidiaries and subscribers disclaim any and all representations or warranties as to the accuracy or reliability of the information provided. You should verify all claims through personal inspection and/or contact with the appropriate real estate professionals. You are responsible for confirming the sufficiency and reliability of any such information.

From IDXpand Partners and/or Affiliates
For your convenience, the IDXpand Network may contain content and information from IDXpand, LLC's partners and/or affiliates and/or links to affiliate Web sites ("Affiliate Content"). Such content is not under the control of IDXpand and IDXpand, LLC is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. IDXpand is providing such content to you only as a convenience, and the inclusion of such content does not imply endorsement by IDXpand, LLC of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use partner and/or affiliate services, content, software or Web sites.

From the Public
The IDXpand Network includes a number of venues such as personal Web pages, calendars, and/or other message or communication facilities designed to enable you to exchange thoughts and opinions with other members of the public ("Public Content"). Since IDXpand firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor such thoughts and opinions. Therefore, IDXpand cannot guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of such statements, claims, thoughts and opinions. You are responsible for confirming the sufficiency and reliability of any such statements, claims, thoughts and opinions you may use or rely upon. If you wish to inform IDXpand of any Public Content that may indicate copyright infringement by any person or entity, Pursuant to Title 17, United States Code, Section 512(c)(2), if you wish to inform IDXpand of any suspected copyright infringement please forward your notification to

Legal Department
IDXpand, LLC
191 North Street, Suite 208
Buffalo, NY 14201-1510

 

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO IDXPAND CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY IDXPAND, LLC THROUGH THE IDXPAND NETWORK IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IDXPAND MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. IDXPAND 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. IDXPAND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE IDXPAND NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.

INFORMATION PROVIDED BY YOU THROUGH THE IDXPAND NETWORK TO IDXPAND, LLC, AND/OR ITS SUBSIDIARIES, PARTNERS, AND AFFILIATES

In order for you to participate in certain services that IDXpand provides through the IDXpand Network, IDXpand will require that you provide specific information about yourself (the "IDXpand Solicited Information"). If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. IDXpand is committed to maintaining the privacy and security of any and all such information that you provide to IDXpand through the IDXpand Network. To that end, IDXpand urges you to review the IDXpand Privacy Policy which may be accessed at http://SEARCHSTOVROFF.IDXPAND.COM/template.smpl?arg=privacy

You promise that you will not use the IDXpand Network to:

  • post, upload or otherwise transmit any content not related to appropriate subject matters;
  • post, upload or otherwise transmit any content which is misleading to others, including consumers;
  • post, upload or otherwise transmit 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;
  • post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
  • post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • post, upload or otherwise transmit any materials that contain 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
  • intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By posting content to the IDXpand Network, you grant IDXpand a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through Web sites controlled by IDXpand, LLC, including but not limited to the IDXpand Network, and co-branded or mirrored versions of such sites, and in IDXpand, LLC's promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.

You acknowledge that while IDXpand does not pre-screen content posted by you to the IDXpand Network, IDXpand and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to the IDXpand Network. Without limiting the foregoing, IDXpand and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of the IDXpand Network at any time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any content you post to the IDXpand Network, including any reliance on the accuracy, completeness, or usefulness of such content.

IDXpand reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

By posting, uploading, inputting, providing or submitting content to the IDXpand Network, you warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content.

 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD IDXPAND AND ITS, PARTNERS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO IDXPAND SOLICITED INFORMATION, AFFILIATE SOLICITED INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE IDXPAND NETWORK AND/OR IDXPAND  AND/OR ITS AFFILIATES.

 

SERVICES PROVIDED THROUGH THE IDXPAND NETWORK

Non-Commercial Services

IDXpand provides through the IDXpand Network a number of venues in which interactive services ("Interactive Services"), such as on-line calculators, planning tools, and checklists, are offered to you. Such services are offered by IDXpand for the sole purpose of disseminating information for the public's benefit. IDXpand cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.

THE INFORMATION CONTAINED IN AND PROVIDED THROUGH IDXPAND, LLC'S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. IDXPAND MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. IDXPAND 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 WITH REGARD TO SUCH SERVICES. IDXPAND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL IDXPAND BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.

Third-Party Services

A number of commercial services, incuding but not limited to financial and contractor services, may be offered by third parties through the IDXpand Network. IDXpand is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release IDXpand (and its subsidiaries, affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

GENERAL TERMS

This Agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New YOrk, County of Erie and/or Central District of New York in all disputes arising out of or relating to the use of the IDXpand Network. Use of the IDXpand Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and IDXpand as a result of this Agreement or use of the IDXpand Network. IDXpand, LLC's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of IDXpand, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the IDXpand Network or information provided to or gathered by IDXpand with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and IDXpand with respect to the IDXpand Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IDXpand with respect to the IDXpand Network. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IDXPAND, LLC, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

IN NO EVENT SHALL IDXPAND AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE IDXPAND NETWORK, WITH THE DELAY OR INABILITY TO USE THE IDXPAND NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY

INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE IDXPAND NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE IDXPAND NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IDXPAND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE IDXPAND NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IDXPAND NETWORK.

You agree to indemnify, defend and hold harmless IDXpand, LLC, its subsidiaries, partners, affiliates, subscribers, and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

All materials on the IDXpand Network (as well as the organization and layout of the IDXpand Network) are owned and copyrighted or licensed by IDXpand, LLC, its affiliates or its suppliers. (c) 2004 IDXpand, LLC. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the IDXpand Network is permitted without the written permission of IDXpand, LLC. Any rights not expressly granted herein are reserved.

Trademarks referenced on the IDXpand Network, including, but not limited to IDXpand, IDXpander, and IDXpandit CRM Suite, are either trademarks or registered trademarks of IDXpand, LLC. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Legal Department
IDXpand, LLC
3380 Sheridan Drive
Suite 241
Amherst, NY 142226


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