This is a legal contract between you (“User” or “Consumer”), and Central New Jersey Realtors, its owners and affiliates (“CNJRealtors” or “Provider”), so read it carefully. CNJRealtors is a team of licensed real estate agents in the state of New Jersey and operates this website TheGayborhood.com (“website” or “site”) to market their services to the general public; permitting your use thereof, only upon acceptance of the following Terms Of Use (“TOU”) contract.
THESE TERMS OF USE ("TOU") ESTABLISH THE OBLIGATIONS, PROMISES, AND TERMS TO WHICH YOU AGREE AND ARE BOUND. BY USING THEGAYBORHOOD SITE, COMPLETING THE SIGN UP FORMS, OR BECOMING A THEGAYBORHOOD MEMBER, YOU ACCEPT ALL ASPECTS OF THE TOU. EACH TIME YOU ACCESS OR USE THEGAYBORHOOD SITE OR REQUEST OR ACCEPT ANY INFORMATION, GOOD, SERVICE, PRODUCT OR CONTENT FROM THEGAYBORHOOD, YOU, UNDERSTAND AND AGREE THAT YOU ARE ACCEPTING, AFFIRMING OR RE-AFFIRMING THE THEN EXISTING TOU.
If you, the User, have any questions please send an email message to: info@TheGayborhood.com
1. THE THEGAYBORHOOD.COM VENUE
TheGayborhood.com is an internet marketing platform for Central New Jersey Realtors and their associated real estate agents, providing information about the buying or selling of real estate in the state of New Jersey (USA). TheGayborhood also offers other services, tools, checklists, calculators, and valuable information to aid Consumers in their quest for real estate.
2. REFERRAL AGENTS
CNJRealtors has established a working relationship with a network of agents, whom they believe possess the right credentials to aid in the sale of properly in a specific target market. When contacted by a Consumer, CNJRealtors then use its best efforts to pass leads on to these agents (on an as needed basis), based on geographic location and availability. The User understands that these agents do not work for CNJRealtors, thus maintain no control over their actions. By offering a referral, The Provider is merely suggesting an agent and providing contact information. It is the responsibility of the User to screen the agent to determine if they believe they are qualified to handle their transaction. The User is under NO obligation to use said agent. Thus, the ultimate decision to use the agent lies in the hands of the Consumer. CNJRealtors does not accept responsibility for any problems stemming from that decision.
3. BROKER RELATIONSHIP
In the state of New Jersey, real estate agents are licensed sales professionals who must be affiliated with a real estate Broker, who can effectively and legally administrate a real estate transaction. In accordance with New Jersey law, the true Broker of Record’s name must be prominently displayed on any and all marketing or promotional materials, used by its agents, including websites. In this instance, the User understands that Weichert Realtors is the Broker allowing the agents of CNJ Realtors to act in their name and offer their products and services; CNJRealtors and TheGayborhood are merely trade names used by the owners of this site, to market real estate services to the general public in their target market. Thus, CNJRealtors and TheGayborhood is NOT the Broker.
4. RESPONSIBILITIES OF HOME BUYERS
By contacting us as a Home Buyer, you represent, warrant and agree that: a) You are of legal age and are otherwise capable of forming a legally binding contract; b) You are interested in purchasing property; c) You are interested in obtaining assistance with the purchase of real property located in a state in the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico; d) The information you provide us is true and correct, e) You are not an Agent and will not act on behalf of an Agent; f) You do not have an exclusive contractual or other arrangement with any Agent; g) TheGayborhood may request, receive, copy and review your real property transaction and/or settlement documents; h) You will independently use appropriate government, public, consumer and other agencies or sources to verify Agent license status and background; i) The price range that you have specified is generally affordable for you, is not confidential information and may be disclosed; j) you grant us permission to disclose your information to third parties we retain to aid us in the purchase of prospective properties.
5 RESPONSIBILITIES OF HOME SELLERS
By contacting us as a Home Seller, you represent, warrant and agree that: You are of legal age and are otherwise capable of forming a legally binding contract; b) You are an owner of the property and have the legal right to offer it for sale; c) The property is located in a state of the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico; d) The information you provide us is true and correct; e) You are not an Agent and will not act on behalf of an Agent; f) The property is not currently listed with any Agent; g) TheGayborhood may request, receive, copy and review your real property transaction and/or settlement documents; h) You will independently use appropriate government, public, consumer and other agencies or sources to verify Agent license status and background.
6. COPYRIGHTS, MARKS & OTHER INTELECTUAL PROPERTY
All of the content of this website, including pictures, graphic images, html, code and text are all owned by CNJRealtors, their affiliates, licensors, photographers or other associated parties and are protected under copyright law. TheGayborhood, TheGayborhood.com, the TheGayborhood logo, and the names of other products and services are trade and service marks of CNJRealtors and are all protected under federal and international laws relating to intellectual property.
Nothing contained in this site should be construed as granting any license or right to use such marks, as it is expressly forbidden. Users may not otherwise use, copy, sell, retain, reproduce, distribute, modify or create derivative works, nor can they exploit Membership or association with TheGayborhood for a commercial or advertising purpose, unless written permission is obtained from CNJREALTORS. In the event permission is not extended, these items CAN NOT be used.
For the limited purpose of promoting TheGayborhood.com or identifying oneself as TheGayborhood Member Agent, CNJRealtors will allow a User to link to TheGayborhood.com using a pre-approved banner, so long as the image is not manipulated in any way, so as to maintain the integrity of the mark. Furthermore, links to this website are only acceptable if they do not remove or obscure, by framing or otherwise, advertisements, copyright notices or other notices, including this notice. (We suggest that you have the link open a new window) If we contact you to stop linking to our site or using our imagery, logos or trademarks, you must immediately cease and desist.
The "look" and "feel" of TheGayborhood.com website is also one of CNJREALTORS's trademarks. This includes our color combinations, button shapes, layout, and all other graphical elements. Copying the "look" or "feel" of this website is also strictly forbidden.
7. WEB LINKS
TheGayborhood may display URLs or icons that allow Users to link to other websites, including, without limitation, sites operated by Real Estate Agents. These links are provided solely for the User’s convenience and information. CNJRealtors makes no warranties or representation about the contents of the sites or any products or services offered and assumes no liability, obligation, or responsibility for the content, representations, or warranties, whether express or implied. It is suggested that the User read their privacy and security policies before viewing. Some of these sites may also assess fees for the information, content, goods, products or services they provide. Such costs, taxes or other fees a User may incur when visiting these sites, are the User's sole and exclusive responsibility.
8. SYSTEM INTEGRITY
CNJRealtors offers you, access to TheGayborhood's web site solely for your personal, non-commercial use, and except for any use of the web site that is expressly permitted pursuant to these Terms of Use for your business use as a real estate agent Member of TheGayborhood, each User agrees not to use the web site for any commercial purpose. The copyright in all materials on this web site is held by CNJRealtors or its content providers. Any unauthorized use of this web site or its content violates federal and state law. Each User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the TheGayborhood site. If a password is issued, the User agrees not to disclose the password to any third party or use the password for any unauthorized purpose.
9. PRIVACY POLICY
As part of the normal operation of our site, we will collect information about you, including automatically tracking the URL that you just came from, which URL you go to next, what browser you are using, your IP address, etc. Most sites automatically collect this information. In addition, we may use cookies on certain pages of our site. Cookies are stored on your hard drive, not on our site. You are always free to decline our cookies if your browser permits. In addition, you may voluntarily supply us with your full name, contact information, and other personal information, when applying for assistance with your real estate needs. If you send personal correspondence to us, such as e-mails or letters, we may collect such information into a file specific to you.
We use the information to aid you in your real estate efforts. Additionally, we may use personally identifiable information about you internally to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our site's content and layout. We believe these uses allow us to improve our site and better tailor it to meet the needs of our clients. All information is maintained in a confidential manner, except that information which is specifically relevant to your real estate transaction. Even then, only the relevant information is provided to brokers, other real estate professionals or financial institutions handling your business. We DO NOT sell, share, or rent any personally identifiable information about you to any third party. However, we are obligated to cooperate with government and law enforcement officials, when properly requested, which can include as much as your name, street address, city, state, zip code, phone number, and email address or more. Unfortunately, although we use industry-standard methods to safeguard the confidentiality of your personally identifiable information, we can not promise, and you should not expect, that your personally identifiable information or private communications will always remain private, because "perfect security" does not currently exist on the Internet.
10. OPINIONS
The opinions expressed in this site are not necessarily those of CNJREALTORS, it's owner or its agents. Viewers should consider the fact that others contribute information to this site as well, and in many cases CNJRealtor’s is merely publishing them on their behalf.
11. SEXUAL ORIENTATION
Although we serve the gay community, we do have other clients, so the mere listing, mention or advertising of any individual's name, business, group, or organization in TheGayborhood.com or a photo illustration or likeness, does not and shall not be construed as indicative of their views, personal practices or affectional / sexual orientation. No implications are intended and none should be assumed or inferred.
12. PHOTOS
We understand that having a photo appear on the internet could have an adverse effect on some individuals. This is why our policy regarding photos is fairly liberal. Photos appearing on this website that were taken by a member of our organization with our company's equipment are the property of CNJREALTORS. As such, CNJREALTORS has the right to post or not post these photos on the site. Photos taken by us, which include a person or persons appear via agreement, either verbal or written. CNJREALTORS will generally obtain verbal permission from an individual before posting their picture on this site. As such, the "verbal" agreement between both parties significantly limits liability for damages resulting from its publication. However, verbal permission can be retracted with the person’s verbal (or e-mailed) withdrawal of permission. However, in instances where we have obtained a signed release from an individual, that is viewed as a written agreement. As such, the individual has released their rights and the withdrawal of these photos will be left to our discretion. Photos appearing on this website that were taken by someone other than a member of our organization with their own equipment, have either been 1) purchased from a supplier as royalty free / rights protected images, or 2) they were submitted to us by a third party and remain the property of the "submitter", unless we obtain a written release. And, they are being posted with their authorization (either verbal or written). When a party submits a photo to us that includes employees, patrons, family, friends, etc., it is the responsibility of the submitter to obtain their permission to have it posted on this site. (This includes the photographer’s permission.) As such, the submitter will be responsible for any and all damages resulting from its display. And, CNJREALTORS reserves the right to request a copy of such consent. CNJRealtors rejects and denies any liability with regard to any photo posted on our site, when permission to post the photo has been granted by an authorized party. Photo are never posted on this site with the intention of maliciously or negatively effecting the parties associated with the photo. They are intended for promotional or celebratory purposes only.
13. LIMIT ON LIABILITY
IN NO EVENT SHALL THEGAYBORHOOD OR THEGAYBORHOOD'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THEGAYBORHOOD'S LIABILITY, AND THE LIABILITY OF THEGAYBORHOOD'S SUPPLIERS, TO YOU, THE USER, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE USER, PAY TO THEGAYBORHOOD IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100, whichever is less.
CNJREALTORS does not guarantee the accuracy, integrity, or quality of any of the information contained here or any products or services listed here. It is always suggested that each User retain the services of skilled and licensed professionals to handle all aspects of the real estate transaction. CNJREALTORS will not be liable for any damages of any kind incurred as a result of the information contained on this site and CNJREALTORS disclaims any and all warranties relating to the service, including warranties of merchantability and fitness for a particular purpose or use.
14. GENERAL COMPLIANCE WITH LAWS
CNJRealtors is not licensed to practice law. Each User is therefore advised to contact an attorney licensed to practice in his or her community whenever legal assistance is appropriate. Each User understands and accepts the responsibility to do so without further guidance from the Provider and each User agrees to comply with all applicable laws, statutes, ordinances and regulations.
15. NON-AFFILIATIONS
Although individual participating Agents may be members of the National Association of REALTORS® ("NAR"), TheGayborhood is not directly affiliated with, sponsored by, or endorsed by, the NAR. The names of other companies or associations, and their respective products and services, may be the trademarks of their respective owners. Use of such other trade or service marks is for identification and informational purposes only.
16. DISCLAIMER AND WARRANTY
THEGAYBORHOOD AND THEGAYBORHOOD'S SUPPLIERS PROVIDE INFORMATION, CONTENT, PRODUCTS, GOODS, OR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. THEGAYBORHOOD AND THEGAYBORHOOD'S SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Should TheGayborhood's exclusion and limitation of liability not apply in a specific state, each User understands and agrees that TheGayborhood and TheGayborhood's suppliers provide information, content, products, goods, or services "as is" and without any warranty or condition, express or implied, to the fullest extent permitted by applicable law. This warranty gives specific legal rights and other legal rights may exist that vary from state to state.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM OR THROUGH THEGAYBORHOOD SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY THESE TOU.
17. INDEMNIFICATION
Each User agrees to indemnify and hold CNJRealtors and its successors, representatives, principals, officers, directors, shareholders, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, brokers and licensees harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of the use of the TheGayborhood service, any information, good, content, product or service provided by TheGayborhood, or any violation of these TOU or any other policy of TheGayborhood, or any infringement of any intellectual property or other personal or proprietary right of any person, by you, the User, or any other person using your User name and password.
Each User consents to TheGayborhood’s use of such User’s personal or account information and/or e-mail address to service such User’s account to improve our services to such User, to allow such User direct access to non-public areas of such User’s account, to provide new products or information that such User has requested, and to inform such User of additional products or services that may be of interest to such User, by e-mail, pop-up or pop-under advertisements, or other means.
18. CHANGES, MODIFICATION OR TERMINATION OF SERVICE
CNJRealtors reserves the right to alter, change, amend, add to or terminate the TOU at any time. By continuing to use the TheGayborhood service you, the User, agree that the amendments are immediately effective unless otherwise provided for in these TOU or applicable law. This Agreement may not be otherwise amended except in a detailed writing by the owner of site. CNJRealtors further reserves the right to modify or discontinue service or any portion thereof, or the offering of any information, good, content, product or service with or without notice. CNJRealtors shall not be liable to any User or any third party should they exercise its right to modify or discontinue service.
19. ENTIRE AGREEMENT
This is the entire agreement between You, the User, and CNJRealtors relating to the subjects contained herein. This agreement supersede all prior oral or written agreements, understandings and representations, if any, between the parties on the subjects herein.
20. NOTICES
Any notices required or permitted under this agreement, shall be sufficient if transmitted by e-mail via info@TheGayborhood.com (in the case of notices sent to TheGayborhood) or to the e-mail address you, the User, provided to us. Failure to maintain a current and working e-mail address constitutes a waiver of your right to automatically receive this information through any other means, electronic or otherwise.
21. WAIVER
CNJRealtor’s failure to exercise any rights or privileges granted to it under this agreement or to insist upon the full performance of all obligations assumed by the User, shall not be construed as waiving any such rights, privileges, obligations or duties, or as creating any custom or practice contrary thereto.
21. VALIDITY
This agreement is considered non-negotiable and will become binding upon use (in any capacity) of this website. As such any cosmetic alterations to this agreement will not be acknowledged and the Provider will be under no obligation to comply. Should any part of the TOU be held invalid or unenforceable as written, that portion shall be reformed and/or construed consistent with applicable law as nearly as possible to reflect the original intentions of the contract and the remaining portions will remain in full force and effect. If the contemplated purpose of any provision of the TOU are held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
23. GOVERNING LAW
The TOU shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents without giving effect to New Jersey conflict of laws provisions or those of your actual state or country of residence. Both parties submit to jurisdiction in New Jersey and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Middlesex County, New Jersey.
