Terms of Service

This page defines the Terms of Use between the user of this upstarindiana.com web site (“USER”) and the web site’s owner, the Fort Wayne Area Association of REALTORS®, Inc. (“UPSTAR”), located at 3401 E. Dupont Rd., Fort Wayne, IN 46825. USER is instructed to carefully read this agreement before accessing this web site. UPSTAR provides the information and services on this site to USER, conditioned on USER’s acceptance without modification of the terms, conditions, and notices contained herein. USER’s visitation and use of this web site constitutes USER’s agreement to all such terms, conditions, and notices. If USER does not accept all terms of this agreement, USER must exit this web site before accessing any of the web site’s features. Otherwise, a legally binding agreement is made between USER and UPSTAR, that USER will comply with all terms of this agreement. The information and services provided on this web site are provided with the understanding that UPSTAR does not engage in providing legal or other professional services or advice. Use of this web site is subject to any additional disclaimers and caveats that may appear throughout the site. UPSTAR assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that taken by USER based on the information, services or other material on this web site. While UPSTAR strives to keep the information on this site complete, accurate, and current, UPSTAR cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
USER may access, download and print materials on this web site strictly for personal and non-commercial use. USER may not modify, copy, distribute, transmit, display, perform, reproduce, publish, icense, create derivative works from, transfer, or sell any information, software, products or services obtained from this web site without written permission from UPSTAR.

MEMBERSHIP
UPSTAR offers to the public limited access to this web site; however, certain portions of this web site and content therein may be available only to current members of UPSTAR, and/or current members of the Upstate Alliance of REALTORS® Multiple Listing Service, Inc. (“UPSTAR MLS”). Visitors to these “members only” portions of the web site, if not already authenticated, will be prompted with an intermediate login screen. Any content retrieved from the Members-Only section of this web site is to be considered privileged information that is not to be shared with another party. Sharing of members-only content with non-members is a violation, with potential consequences to be considered by the respective membership entity’s Board of Directors on a case-by-case basis. Members are responsible for keeping the username and password to their account confidential, and are responsible for any and all activities that occur under said account. Members agree to notify the entity for which said membership is held immediately of any unauthorized activity regarding the Member’s account and any other misuse of the web site. UPSTAR will not be responsible for any loss incurred by a Member as a result of someone else using a Member’s account, either with or without the Member’s knowledge. UPSTAR and FWAMLS Members are reminded that the use of this web site is bound not only by the terms of this agreement, but also by all governing documents pertaining to their participation as a member in said entity. Governing documents for both UPSTAR and FWAMLS are made available on this web site under the “Members Only” menu, under “Governing Documents.”

PROPRIETARY RIGHTS
All materials on this site are owned and copyrighted by UPSTAR, or the Fort Wayne Area Multiple Listing Service, Inc. (FWAMLS), a wholly-owned subsidiary of UPSTAR. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the written permission of UPSTAR.

NO UNLAWFUL OR PROHIBITED USE
As a condition of USER’s visitation and use of this web site, USER warrants to UPSTAR that USER will not use this web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. USER’s permission to use this web site automatically terminates upon violation of any of these terms.

LIABILITY DISCLAIMER
Use of this web site is at USER’s own risk. If use of this web site or the materials therein results in USER’s need for servicing or replacing property, material, equipment or data, UPSTAR is not responsible for those costs. Certain areas of this web site are database-driven, which means that portions of information are generated dynamically from databases owned by UPSTAR. UPSTAR is not responsible for any inaccuracies displayed on any area of this web site as a result of inaccuracies within any data source, as a result of a programmatical or system problem, or for any other reason.

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