TERMS
OF USE AGREEMENT
Last
updated October
10, 2021
TABLE
OF CONTENTS
These Terms of Use constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (“you”)
and Royal
Rose Realty, LLC ("Company,"
“we," “us," or “our”),
concerning your access to and use of the http://www.royal-rose.com
website as well as any other media form, media channel, mobile website
or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). We are registered in
New York, United States and
have our registered office at 6822 Main Street,
Verona Beach, NY ,
NY
13478.You
agree that by accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use at
any time and for any reason.
We will alert you about any changes by updating the “Last updated”
date of these Terms of Use, and you waive any right to receive specific
notice of each such change. Please ensure that you check the applicable
Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any revised Terms
of Use by your continued use of the Site after the date such revised
Terms of Use are posted.
The information provided on the Site is not intended for distribution
to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose
to access the Site from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and
to the extent local laws are applicable.
The
Site is intended for users who are at least 13 years of age. All
users who are minors in the jurisdiction in which they reside (generally
under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Site. If you
are a minor, you must have your parent or guardian read and agree
to these Terms of Use prior to you using the Site. Back
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2. INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair competition
laws of the United States, international copyright laws, and international
conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no Content
or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted
a limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the
Content and the Marks. Back
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By
using the Site, you represent and warrant that: (1)
you have the legal capacity and you agree to comply with these
Terms of Use;
(2)
you are not under the age of 13;
(3)
you are not a minor in the jurisdiction in which you reside,
or if a minor, you have received parental permission to use the
Site;
(4)
you will not access the Site through automated or non-human means,
whether through a bot, script, or otherwise; (5)
you will not use the Site for any illegal or unauthorized purpose;
and (6)
your use of the Site will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site
(or any portion thereof).
You
may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used
in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
- Systematically
retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features
of the Site, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the
use of the Site and/or the Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Site.
- Use
any information obtained from the Site in order to harass,
abuse, or harm another person.
- Make
improper use of our support services or submit false reports
of abuse or misconduct.
- Use
the Site in a manner inconsistent with any applicable laws
or regulations.
- Engage
in unauthorized framing of or linking to the Site.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use
of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.
- Engage
in any automated use of the system, such as using scripts
to send comments or messages, or using any data mining, robots,
or similar data gathering and extraction tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username
of another user.
- Upload
or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
- Interfere
with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
- Attempt
to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site.
- Copy
or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any
way making up a part of the Site.
- Except
as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Site,
or using or launching any unauthorized script or other software.
- Use
a buying agent or purchasing agent to make purchases on the
Site.
- Make
any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretenses.
- Use
the Site as part of any effort to compete with us or otherwise
use the Site and/or the Content for any revenue-generating
endeavor or commercial enterprise.
- Use
the Site to advertise or offer to sell goods and services.
- Sell
or otherwise transfer your profile.
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5. USER
GENERATED CONTRIBUTIONS
The
Site does not offer users to submit or post content. We may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content
and materials to us or on the Site, including but not limited
to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users
of the Site and through third-party websites. As such, any Contributions
you transmit may be treated in accordance with the Site Privacy
Policy. When you create or make available any Contributions,
you thereby represent and warrant that:
- The
creation, distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
- You
are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site to use
your Contributions in any manner contemplated by the Site
and these Terms of Use.
- You
have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions
to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Site and these Terms of
Use.
- Your
Contributions are not false, inaccurate, or misleading.
- Your
Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam,
mass mailings, or other forms of solicitation.
- Your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable
(as determined by us).
- Your
Contributions do not ridicule, mock, disparage, intimidate,
or abuse anyone.
- Your
Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
- Your
Contributions do not violate any applicable law, regulation,
or rule.
- Your
Contributions do not violate the privacy or publicity rights
of any third party.
- Your
Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health
or well-being of minors.
- Your
Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference,
or physical handicap.
- Your
Contributions do not otherwise violate, or link to material
that violates, any provision of these Terms of Use, or any
applicable law or regulation.
Any
use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination
or suspension of your rights to use the Site. Back
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You
and the Site agree that we may access, store, process, and use any
information and personal data that you provide following the terms
of the Privacy Policy and your choices (including settings).
By
submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose without
compensation to you.
We
do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Site. You
are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
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7. SUBMISSIONS
You acknowledge
and agree that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Site ("Submissions") provided by
you to us are non-confidential and shall become our sole property. We
shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights
to any such Submissions, and you hereby warrant that any such Submissions
are original with you or that you have the right to submit such Submissions.
You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
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We reserve the
right, but not the obligation, to: (1) monitor the Site for violations
of these Terms of Use; (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Site or otherwise disable
all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property and to facilitate
the proper functioning of the Site. Back
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9. PRIVACY
POLICY
We care about data
privacy and security. Please
review our Privacy Policy. By
using the Site, you agree to be bound by our Privacy Policy, which
is incorporated into these Terms of Use. Please be advised the Site
is hosted in the
United States.
If you access the Site from any other region of the world with laws
or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the
United States,
then through your continued use of the Site, you are transferring
your data to the
United States,
and you agree to have your data transferred to and processed in the
United States.
Further,
we do not knowingly accept, request, or solicit information from children
or knowingly market to children. Therefore, in accordance with the
U.S. Children’s Online Privacy Protection Act, if we receive actual
knowledge that anyone under the age of 13 has provided personal information
to us without the requisite and verifiable parental consent, we will
delete that information from the Site as quickly as is reasonably
practical.
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These
Terms of Use shall remain in full force and effect while you use
the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SITE OR DELETE ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating
or suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal,
and injunctive redress. Back
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11. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Site at any
time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or part of the
Site without notice at any time. We will not be liable to you or
any third party for any modification, price change, suspension,
or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related
to the Site, resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use
the Site during any downtime or discontinuance of the Site. Nothing
in these Terms of Use will be construed to obligate us to maintain
and support the Site or to supply any corrections, updates, or releases
in connection therewith. Back
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These Terms of
Use and your use of the Site are governed by and construed in accordance
with the laws of the
State of New
York
applicable to agreements made and to be entirely performed within the
State of New
York,
without regard to its conflict of law principles.
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There may be information
on the Site that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions
and to change or update the information on the Site at any time, without
prior notice. Back
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THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE. Back
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16. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE
LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1)
use of the Site; (2) breach
of these Terms of Use; (3)
any breach of your representations and warranties set forth in these
Terms of Use; (4) your
violation of the rights of a third party, including but not limited
to intellectual property rights; or (5)
any overt harmful act toward any other user of the Site with whom
you connected via the Site. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon becoming
aware of it. Back
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We will maintain
certain data that you transmit to the Site for the purpose of managing
the performance of the Site, as well as data relating to your use
of the Site. Although we perform regular routine backups of data,
you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption
of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data. Back
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19. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site,
sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means. Back
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20. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254. Back
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These Terms of
Use and any policies or operating rules posted by us on the Site or
in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such
right or provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that these
Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of signing
by the parties hereto to execute these Terms of Use.
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In order to resolve
a complaint regarding the Site or to receive further information regarding
use of the Site, please contact us at:
Royal
Rose Realty, LLC
8
Parkway Circle
Utica,
NY
13501United
States
Phone: (315)
792-8043
__________
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