The following terms of use (the “Terms of Use”) govern your access to and use of our website located at lclemle.com and any other websites, mobile sites, mobile applications and other online services (separately the “Site”, collectively, “Sites” or “Websites”).  The Sites are made available by LC LEMLE REAL ESTATE GROUP (“Company” or “we” or “us” or “our”).  We may change these Terms of Use from time to time, by posting such changes on the Sites.  BY USING THE SITES, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR ACCESS TO AND USE OF THE SITES.  If you do not agree to these Terms of Use, you should not visit or use the Sites.

You affirm that you are fully able and capable to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and in particular that you are over the age of eighteen (18) years old.  You also affirm that you have full authority to bind yourself, your company or your organization to the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use.

Proprietary Rights
As between you and Company, Company owns, solely and exclusively, all rights, title and interest in and to the Sites, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Sites, and the compilation of the content, code, data and materials on the Sites, including but not limited to any copyrights, trademark rights, patent rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.  Your use of the Sites does not grant to you ownership of any content, code, data or materials you may access on the Sites.

Limited License
You may access and view the content on the Sites on your computer or other internet compatible device, and make single copies or prints of the content on the Sites for your personal and non-commercial use only.

Prohibited Use
Any commercial distribution, publishing or exploitation of the Sites, or of any content, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior permission of Company or the applicable rights holder.  You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Sites.  If you make other use of the Sites, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries as well as applicable state laws and may be subject to liability for such unauthorized use.  Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Trademarks
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Sites or on content available through the Web Sites are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner.  Nothing contained on the Web Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Sites without our written permission or that of the applicable rights holder.

User Information
In the course of your use of the Sites, you may be asked to provide certain personalized information to us.  Our information collection and use policies with respect to the privacy of such information are set forth in the Sites’ Privacy Policy, which is incorporated herein by reference for all purposes.  You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

Prohibited User Conduct
You warrant and agree that, while accessing or using the Web Sites, you shall not:
• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Sites or Company;
• insert your own or a third party’s advertising, branding or other promotional content into any of the Sites’ content, materials or services;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites through any means, including through means not intentionally made publicly available or provided for through the Sites;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users’ other information from or through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
• use the Sites or their features and services in any manner that could interrupt, damage, disable, overburden or impair the Sites or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• engage in unsolicited promotions, political campaigning, advertising or solicitations;
• use the Sites or their services in violation of Company’s or any third party’s intellectual property or other proprietary or legal rights;
• use the Sites or their services in violation of any applicable law; or
• attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites or its services.
• You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Sites.

Site Contents
The contents of lclemle.com, including text, graphics, images, and other material contained on the Site (“Content”) is for informational purposes only.

Indemnification
You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from (i) your access to or use of the Sites, (ii) your placement, submission or transmission of any message, content, information, software or other materials on, to or through the Sites, or (iii) your breach or violation of the law or of these Terms of Use. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with any such defense.

Third Party Websites
You may be able to access from the Web Sites third party web sites and third party web sites may link to the Web Sites (“Linked Sites”).  You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided on Linked Sites.  Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented thereon.  Any reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Registration and Account Security
We may offer you the opportunity to create a user profile on our Sites. In that event, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites; (b) maintain password and identification security; (c) maintain and promptly update such data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to such and any other information you provide to the Company.

DISCLAIMER OF WARRANTIES
THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON, ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.  WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.  COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT OR INFORMATION CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES.

LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

Applicable Laws
We control and operate the Sites from our offices in the United States of America. We do not represent that materials on the Sites are appropriate or available for use in other locations.  Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  All parties to these Terms of Use waive their respective rights to a trial by jury.

Termination
Company has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Sites or the Sites’ services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms of Use, Company’s policies or applicable law, or for any other reason without notice or liability. Company maintains a policy that provides for the termination in appropriate circumstances of the Web Sites use privileges of users who are repeat infringers of intellectual property rights.

Changes to Terms of Use
Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time.  Changes in this Terms of Use will be effective when posted.  Your continued use of the Sites and/or the services offered on or through the Sites after any changes to this Terms of Use are posted will be considered acceptance of those changes.

Governing Law
The Terms of Use and the relationship between you and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions.  You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York.  You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Last Updated: June 13, 2018