Terms of Use

Website Usage:

Our real estate website is designed to provide users with a platform to browse and access property listings for informational purposes. Users are permitted to view property listings, search for properties based on their preferences, and access detailed information about each listing, including property features, pricing, and location. Additionally, users are encouraged to utilize the website's functionality to contact Testament Realty and its real estate agents directly for inquiries, property viewings, or further assistance. This includes submitting inquiries or requests for additional information about specific properties, scheduling appointments with real estate agents, or requesting assistance with buying, selling, or renting properties. By using our website, users agree to adhere to these guidelines and utilize the website's features responsibly and in accordance with applicable laws and regulations.

Intellectual Property Rights:

Users are strictly prohibited from reproducing, distributing, modifying, or otherwise using the content on the website for any other purpose without prior written permission from Testament Realty or the respective rights holder. This includes but is not limited to copying, downloading, saving, or altering the content in any way that infringes upon the intellectual property rights of Testament Realty or third parties. Any unauthorized use of the content may result in legal action and termination of access to the website.

User Conduct:

When interacting with our real estate website, users are expected to conduct themselves in a manner that upholds respect, integrity, and legality. This includes refraining from posting or transmitting any content that is offensive, derogatory, discriminatory, or otherwise inappropriate. Users must also refrain from engaging in any illegal activities, such as fraud, hacking, mining or unauthorized access to the website or its systems. Furthermore, users are required to respect the rights of others, including intellectual property rights, privacy rights, and confidentiality obligations. Any violation of these standards may result in the immediate termination of access to the website and may be subject to legal action. By using our website, users agree to adhere to these guidelines and contribute to maintaining a positive and professional environment for all users.

Disclaimers: 

Our real estate website is provided on an 'as is' and 'as available' basis, without any warranties or representations of any kind, whether express or implied. The website owner makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the content, property listings, or any other information provided on the website. We do not warrant that the website will be error-free, uninterrupted, secure, or free from viruses or other harmful components. Users acknowledge and agree that their use of the website is at their own risk and discretion. The website owner disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Any reliance on the content or information provided on the website is solely at the user's own risk. Users are encouraged to independently verify all information and consult with qualified professionals before making any decisions or commitments based on the content of the website

Limitation of Liability:

Testamentrealty.com, its owners, agents, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising from the use or inability to use the website, including errors, interruptions, inaccuracies, or omissions in the content. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if the website owner has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, the website owner's liability shall be limited to the maximum extent permitted by law.

Indemnification: 

Users agree to indemnify, defend, and hold harmless Testament Realty, its owners, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising from their use of the website, violation of the terms of use, or infringement of any third-party rights. This includes, but is not limited to, claims arising from the user's breach of the terms of use, violation of any applicable laws or regulations, or infringement of intellectual property rights. The website owner reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which case the user agrees to cooperate fully with the website owner in asserting any available defenses.

Governing Law and Jurisdiction: 

The terms of use shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to the use of the website or the terms of use shall be exclusively resolved by the state and federal courts located in New Jersey. By using the website, users consent to the jurisdiction and venue of such courts and waive any objection to the convenience or propriety of such forums for resolving disputes.

Arbitration and Waiver of Class Arbitration:

Any dispute, controversy, or claim arising out of or relating to the use of our real estate website, including the interpretation, enforcement, or breach of the terms of use, shall be resolved exclusively through binding arbitration conducted in accordance with the rules of the American Arbitration Association. Both parties agree to waive their right to pursue any claims through a class action lawsuit or class-wide arbitration, and agree to arbitrate their claims individually. This means that users and the website owner waive their right to participate in or be represented in any class or collective action, consolidated arbitration, or representative action, and agree to resolve any disputes on an individual basis. The decision of the arbitrator shall be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction. By using our website, users agree to this arbitration provision and waive their right to seek relief through class action lawsuits or class-wide arbitration

Modification:

We reserve the right to modify, update, or change the terms of use for our real estate website at any time, without prior notice. Any changes to the terms of use will be effective immediately upon posting on the website, and users are encouraged to review the terms regularly to stay informed about any updates or modifications. By continuing to use the website after changes to the terms of use are posted, users acknowledge and agree to the revised terms. The effective date of the most recent version of the terms of use will be prominently displayed at the top of this page. If users do not agree to the revised terms, they should discontinue use of the website. We reserve the right to terminate or restrict access to the website for users who do not comply with the terms of use.

Waivers and Severability:

The failure of the website owner to enforce any provision of these terms of use shall not be deemed a waiver of its right to enforce such provision or any other provision in the future. If any provision of these terms of use is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall nevertheless be enforceable to the fullest extent permitted by law. In such a case, the unenforceable or invalid provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision, and the remainder of the terms of use shall continue in full force and effect. These terms of use constitute the entire agreement between the user and the website owner regarding the use of the website, superseding any prior or contemporaneous agreements, communications, or understandings between the parties

Termination:

The website owner reserves the right to terminate or suspend a user's access to the real estate website at any time and for any reason, including but not limited to violations of the terms of use, illegal activities, or disruptive behavior. If a user engages in conduct that violates the terms of use, including posting offensive or inappropriate content, engaging in illegal activities, or infringing upon the rights of others, the website owner may take immediate action to suspend or terminate the user's access to the website without prior notice. Additionally, if the website owner has reason to believe that a user's actions pose a risk to the security or integrity of the website or its users, or if required to do so by law, the website owner may suspend or terminate the user's access to the website. The website owner reserves the right to investigate and take appropriate legal action against any user who violates the terms of use or engages in illegal activities while using the website.

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