BY ACCESSING THIS SITE, YOU AGREE TO THE TERMS OF THE FOLLOWING TERMS AND CONDITIONS OF SITE USE AGREEMENT (AGREEMENT)
TERMS AND CONDITIONS OF SITE USE AGREEMENT ("Agreement") The following terms and conditions govern use of this Site:
- Definitions. "RESTAINO" shall mean Restaino & Associates, Inc., its employees, officers, directors, and all other persons or entities affiliated with RESTAINO responsible for creating, maintaining, and publishing this Site. "Content" shall mean all information or images contained on the Site, including but not limited to, trademarks, copyrights, advertisements, data, text, graphics, photos, software and video. "Site" shall mean the Internet sites located at the URL addresses http://www.restainohomes.com; http://www.restainoandassociates.com; http://www.madisonrelocation.com; http://www.rbacommercial.com; and, http://www.wicommercialrealestate.com. "User" shall mean any person or entity that accesses or uses the Site in any manner.
- Limited License for Personal and Non-Commercial Use Only; Printing of Site Content. The Content of this Site is copyrighted by RESTAINO or other persons and entities that provide information to the Site. Users of this Site are granted a limited nonexclusive license to use the Site and its Content for personal and non-commercial use only. Users may print or copy Content from this Site that is copyrighted or owned by RESTAINO provided that such copies are not modified or revised in any manner and include proper notices indicating that the Content is copyrighted or owned by the RESTAINO. (such as "Copyright © 2007 Restaino & Associates, Inc."). In addition, any content which comes from pages of this Site that contain disclaimers must be printed or copied with the disclaimer included in its entirety. In the event a User wishes to print Content from this Site, or other sites linked to from this Site, that is copyrighted or owned by a person or entity other than the RESTAINO, the User must obtain permission from the appropriate owner to do so. Except as permitted in this Agreement, Content may not be reproduced, sold, transferred, modified, redistributed, retransmitted, published, or exploited for any purpose without the express written permission of the RESTAINO or appropriate owner of the information.
- Linking to and Framing this Site. Users who create links to any page of the Site may not "frame" any page of the Site for any purpose without the express written consent of RESTAINO.
- Modification of Terms And Conditions Of Site Use Agreement. RESTAINO reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. The modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, User agrees to review the Agreement periodically, and User's continued access or use of Site shall be deemed User's acceptance of the modified Agreement.
- DISCLAIMER REGARDING WARRANTIES: THIS SITE AND THE INFORMATION, SOFTWARE AND OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE FROM THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RESTAINO DOES NOT WARRANT THAT THE SITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES SHALL RESTAINO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED. EXCEPTION: IF FOR ANY REASON THE LAW DOES NOT ALLOW RESTAINO TO LIMIT OR EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, IT IS AGREED BY THE USER AND RESTAINO THAT THE RESTAINO'S LIABILITY TO THE USER FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT THE USER PAID TO ACCESS THE SITE. RESTAINO DOES NOT GUARANTEE ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE.
- Property Information, Open Houses and Availability. Information regarding properties offered for sale by RESTAINO is subject to error, omissions, prior sale or other changes without notice. Unless otherwise indicated, any such information will be only a reporting of information which has been provided to RESTAINO by the seller or some other third party. Users of this site should independently confirm any specific information which would be significant in a decision to purchase a property such as total square footage, room sizes or any other dimensions of importance. Users of this site also understand and agree that properties may be subject to change, price adjustment or prior sale. Open House information, including dates and times of Open Houses, are considered accurate only as of the time of posting to the RESTAINO site. Actual times may vary and open houses may be subject to cancellation due to prior sale, scheduling or other conflicts.
- Title Insurance, Lending and Linked Sites. RESTAINO has a minority ownership interest in RBA Title Services, LLC. Because of this interest, use of services at RBA Title Services LLC may provide RESTAINO with a financial or other benefits. Users of this site can obtain an Affiliated Business Arrangement Disclosure Statement Notice by sending a request to email@example.com.
- Concierge Services Vendors. Restaino does not endorse any particular Vendor listed on its website, nor can Restaino guarantee the quality or timeliness of Vendorís work. Vendors have paid an advertising fee only to appear on the website. User assumes all responsibility for hiring and paying Vendor and for ensuring userís satisfaction with work performed. As always, user should obtain a paid receipt and/or lien waiver from Vendor upon payment for services rendered.
- Language Translation. RESTAINO may contract with outside vendors for purposes of translating information on its websites. User understands that RESTAINO cannot and does not warrant the accuracy of any translated information and user agrees that under no circumstances shall RESTAINO or any of its affiliated companies be liable for any direct, indirect, incidental, or consequential damages that may result in any way as a result of inaccurate translation of information on any of its websites. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. Website translation is provided for the users' convenience using a machine translation software. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect, nor is it intended to replace human translators. The official text is the English version of the website. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
- Suspension or Termination of Access. RESTAINO reserves the right, in its sole discretion, to suspend or terminate a User's access to the Site for any reason, including but not limited to, a User's breach of this Agreement.
- Indemnification. User agrees to defend, indemnify and hold harmless RESTAINO from any and all liabilities, losses, claims, costs, and expenses including, but not limited to, reasonable attorney's fees, related to the User's violation of any term of this Agreement or alleged illegal use of this Site.
- Reservation of Rights. All rights not expressly granted or addressed herein are reserved by RESTAINO.
- Choice of Law; Jurisdiction and Venue. This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and interpreted according to the laws of the State of Wisconsin (without applying any applicable conflict- of-law principles). RESTAINO's failure to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event a dispute arises between User and RESTAINO from this Agreement or use of the Site, such dispute shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the Western District of Wisconsin (federal court) or Dane County, Wisconsin (state court).
- Users Consent To Be Legally Bound To Agreement. In consideration of being allowed to use the Site, you agree to be bound by the terms and conditions of this Agreement. Use of the Site in any manner shall constitute your acceptance of this Agreement and your assent to be legally bound by this Agreement. If you do not agree to be legally bound by all the terms and conditions of this Agreement, you are strictly prohibited from accessing and/or using this Site in any manner.
- Severability. If any provision of this Agreement is determined to be unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.