Terms & Conditions
Revised as of June 2012
The Americana Manhasset® website, the Americana Manhasset Champions for Charity® website, and the Wheatley Plaza® website are managed by Castagna Realty Co. Inc. through its offices in the United States. (“Castagna Realty/We/Us”) Thank you for visiting our Web Sites ("Sites").
YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. These Legal Conditions govern the use of and access to our websites.
Copyright, Trademark and Intellectual Property
All materials on Castagna Realty Websites (the "Sites"), and the Sites itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by Castagna Realty or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in these Sites, as well as the software used in the design and development of the Sites. All rights are reserved, worldwide.
The materials contained on these Sites are displayed for informational and promotional purposes only. Our sites are solely for private, personal, and noncommercial use. You may download or copy materials on these Sites solely for your personal non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, our Sites, any of the materials on these Sites, or any related software. Any other use of materials on these Sites, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Castagna Realty is strictly prohibited.
You agree that any and all information, suggestions, ideas, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to Castagna Realty through our Sites or by other means ("Submissions") are neither confidential nor proprietary to you. . All submissions become Castagna Realty property upon submission to us. By making a Submission, you agree that Castagna Realty shall have the right, title and interests, including copyrights, in the Submission. Castagna Realty has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that Castagna Realty has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
Material on our Sites may contain inaccuracies or typographical errors. Castagna Realty is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through our Sites. It is your responsibility to evaluate the information and other content available through these Sites. These Sites and the information and materials contained in these Sites are subject to change at any time, and from time to time, without prior or subsequent notice.
Castagna Realty Sites and the contents of the Sites are provided on an "as is" and "as available" basis. Castagna Realty makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms, or trojan horses) or implied warranties of merchantability or fitness for a particular purpose, with respect to the Sites or its contents and expressly disclaims any representations and warranties. Castagna Realty does not represent or warrant that the information contained on the Sites is accurate, complete or up-to-date, that the Sites are free of defects or that any defects will be remedied. You agree, by using the Sites, that your use of the Sites is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with the Sites, and that Castagna Realty shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of the Sites. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
Limitation of Liability and Indemnity
In no event shall Castagna Realty be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if Castagna Realty has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you. Castagna Realty shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control. You agree to defend, indemnify and hold harmless Castagna Realty, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of this Site.