Robert Potochniak (www.bpoto.com) Web Site Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Web Site.

Effective Date: This Terms of Use Agreement was last updated on March 20, 2016.

This Terms of Use Agreement sets forth the standards of use of the http://www.bpoto.com Online Service provided by Robert Potochniak. By using http://www.bpoto.com web site you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the http://www.bpoto.com web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

Robert Potochniak is providing the User with access to real estate reference web site. The User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees relate with such connection.
Disclaimer of Warranties.

The site is provided by Robert Potochniak, on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Robert Potochniak makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Robert Potochniak shall have no liability for any interruptions in the use of this Web site. Robert Potochniak disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Limitation of Liability

ROBERT POTOCHNIAK, EXIT REALTY CORPORATION INTERNATIONALOR EXIT REALTY HOMEWARD BOUND NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ROBERT POTOCHNIAK, EXIT REALTY CORPORATION INTERNATIONAL AND EXIT REALTY HOMEWARD BOUND SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ROBERT POTOCHNIAK, EXIT REALTY CORPORATION INTERNATIONAL OR EXIT REALTY HOMEWARD BOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification

User agrees to indemnify and hold ROBERT POTOCHNIAK, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of the User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User ’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service

Robert Potochniak reserves the right to modify or discontinue the Service with or without notice. Robert Potochniak shall not be liable to the User or any third party should Robert Potochniak exercise its right to modify or discontinue the Service. User acknowledges and accepts that Robert Potochniak does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites

Our web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Robert Potochniak makes every effort to ensure that the information on this web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this web site.

Robert Potochniak makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Business Listings

All information and business listings included on www.bpoto.com are proprietary to Robert Potochniak and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other User in any networked or time-sharing environment, or transfer the information in whole or in part.
Governing Jurisdiction of the Courts, New York State

Our web site is operated and provided in the State of New York. As such, we are subject to the laws of the State of New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New York.
Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 www.bpoto.com and ©2008 Robert Potochniak with all rights reserved, or is the property of The Greater Binghamton Business Directory and/or third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Robert Potochniak is strictly prohibited. User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of Robert Potochniak.

Robert Potochniak ™ and www.bpoto.com™ are proprietary marks of Robert Potochniak. Robert Potochniak ’s trademarks may not be used in connection with any product or service that is not provided by Robert Potochniak, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Robert Potochniak, EXIT REALTY CORPORATION INTERNATIONAL OR EXIT REALTY HOMEWARD BOUND.

All other trademarks displayed on Robert Potochniak ’s web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Robert Potochniak.
Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www..bpoto.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
Robert Potochniak
604 Byford Blvd
Endwell, NY 13760
By Telephone: (607) 759-4760
By Email:realestate@bpoto.com
Botnets

Robert Potochniak retains the right, at his sole discretion, to terminate any Users or accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Robert Potochniak reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Robert Potochniak, in his sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement