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Terms of Service Welcome to Bethpage.com. Bethpage.com is dedicated to providing visitors to this site with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service to govern your use of Bethpage.com, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of our site tells us you have read and agreed to these Terms of Service. Please read them carefully. This Terms of Service is a binding contract between you and Bethpage Online, regarding your use of Bethpage.com. If you do not agree with any of these terms, please exit Bethpage.com. Copyright All of the information, content, services and software displayed on, transmitted through, or used in connection with Bethpage.com, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Bethpage Online ("BO"), and its affiliated companies, licensors and suppliers. BO actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service. You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of BO. Copyright Complaints Bethpage.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on Bethpage.com, please contact us at the address listed below under the heading "Contact Us." Trademarks The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by BO and its affiliated companies, and Marks owned by other information providers and third parties. For example, Bethpage.com is a trademark of BO. No Marks may be used in any manner unless approved in advance by Bethpage.com. Links to, and frames of, Bethpage.com If you operate a Web site and wish to link to Bethpage.com, you may link only to the home page, www.Bethpage.com, and not to any other page or subdomain of Bethpage.com. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of Bethpage.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Bethpage.com, not to insert any code or product or manipulate the content of Bethpage.com in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of Bethpage.com. User-Created Content By placing material on, or communicating with, Bethpage.com, including for example, communication on any Bethpage.com message or chat area, posting any events or photograph, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant BO, its affiliates and related entities, including Bethpage.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize BO to include the information you provide in a searchable format that may be accessed by users of Bethpage.com site. You also grant BO and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant BO the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. Please note that Bethpage.com does not accept unsolicited materials or ideas for use or publication. Bethpage.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Bethpage.com. Other Specifics About Interactive Areas (Message Boards, Chat Areas, etc.) Bethpage.com message boards, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of Bethpage.com and the volume of messages and postings, Bethpage.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. Bethpage.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content. Posting Rules Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of Bethpage.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by Bethpage.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using Bethpage.com, please do not post material that: contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate. is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity. violates any right of Bethpage.com or any third party. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law. violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation. unfairly interferes with any third party's uninterrupted use and enjoyment of Bethpage.com. advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose. uploads copyrighted or other proprietary material of any kind on Bethpage.com without the express permission of the owner of that material. uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Service. includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability. uploads or transmits viruses or other harmful, disruptive or destructive files. disrupts, interferes with, or otherwise harms or violates the security of Bethpage.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Bethpage.com or affiliated or linked sites. "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects. WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES. Communications With Third Parties Through Bethpage.com Your dealings or communications through Bethpage.com with any party other than Bethpage.com are solely between you and that third party. For example, certain areas of Bethpage.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Bethpage.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party. General Disclaimer and Limitation of Liability While Bethpage.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Bethpage.com does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on Bethpage.com may be provided and/or hosted by third parties. Bethpage.com has not reviewed all of the sites linked to Bethpage.com and is not responsible for the content of any off-site pages or links to or from any other sites. While Bethpage.com encourages such third parties to abide by these Terms of Service, Bethpage.com has no responsibility for actions of third parties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF BETHPAGE.COM IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH BETHPAGE.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER BO, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING BETHPAGE.COM, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. BETHPAGE.COM MAKES NO WARRANTY THAT BETHPAGE.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT BETHPAGE.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES. BETHPAGE.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. BETHPAGE.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE BETHPAGE.COM. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. BETHPAGE.COM AND BO SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING BETHPAGE.COM OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH BETHPAGE.COM, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH BETHPAGE.COM. BETHPAGE.COM ASSUMES NO RESPONSIBILITY, AND IS NOT 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, BETHPAGE.COM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM BETHPAGE.COM. IN NO EVENT SHALL BETHPAGE.COM OR BO, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BETHPAGE.COM OR BO, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. Indemnity YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BETHPAGE.COM AND BO, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF BETHPAGE.COM; (B) BETHPAGE.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU. International Users Bethpage.com is controlled, operated and administered by BO from its offices within the United States. Bethpage.com makes no representation that materials or Content available through Bethpage.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal or is prohibited. You may not use Bethpage.com or export the Content in violation of U.S. export laws and regulations. If you access Bethpage.com from a location outside the United States, you are responsible for compliance with all local laws. Advertising All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitations, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. Federal and State law make it unlawful for employers and employment agencies to advertise prospective employment where the job is limited as to age, race, creed, religion, color, national origin, sex, disability, genetic disposition, or career status, or marital status, unless based upon a bona fide occupational qualification. Bethpage.com does not knowingly accept advertising in violation of these laws. When you suspect employment discrimination, call the NYC Commission on Human Rights Hotline at 212-306-7500, or the Nassau County Commission on Human Rights at 516-571-3662, or the Suffolk County Commission on Human Rights at 631-853-5480. Privacy Policy Any and all personal information submitted to Bethpage.com is held in the strictest confidence. Contact information, such as the name or phone number of persons submitting Community Events Entries, or the like, is required only to allow us to verify these submissions if necessary. While we reserve the right to edit any submissions, the contents of these entities are presumed to be at the discretion and for the benefit of the submitting parties. Your privacy concerns are VERY important to us. No information presented in or collected by Bethpage.com is sold for marketing or any other purposes. Miscellaneous: BO reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of Bethpage.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. BO may modify, suspend, discontinue or restrict the use of any portion of Bethpage.com, including the availability of any portion of the Content at any time, without notice or liability. BO may deny access to any person or user at any time for any reason. In addition, BO (or Bethpage.com) may at any time transfer its rights and obligations under this Agreement to any Bethpage Online affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires BO, Bethpage.com or any of their assets. These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Bethpage.com must be filed in a federal or state court located in Nassau County, New York, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Bethpage.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Bethpage.com, and all other provisions for which survival is equitable or appropriate. Contact Us Bethpage.com.
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