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Charleston Real Estate, The Real Buyer’s Agent - Web site Terms of Use |
Welcome to the www.charlestonhome.com site (our "Site"). By using this Site, you are agreeing to comply with and be bound by the following terms of use agreement ("Agreement"). Please review the following terms carefully. For purposes of this Agreement, the terms www.charlestonhome.com, "we," "us," and "our" refer to Charleston Real Estate (CRE) and all affiliates of CRE. "You" refers to you, as a user of this Site. If you do not agree to these terms, you do not have the right to access this Site or use this Site or its equipment in any way.
Each time you access this Site, you confirm your agreement to abide by this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements or representations with respect to this Site. This Agreement may be amended at any time from time to time by us without specific notice to you.
At certain times, this Site may not be available due to system maintenance, technical difficulties or for any other reason.
- Additional Terms and Conditions and Other Agreements.
In addition to this Agreement, you agree to be bound by, and will comply with, the rules and regulations of any third-party sites and/or services that you access via this Site and all applicable state and federal laws and regulations. You expressly agree to be bound by the terms and conditions associated with those services and sites, in addition to those found in this Agreement.
www.charlestonhome.com reserves the right to terminate this Agreement and your access to this Site, in whole or in part, at any time.
www.charlestonhome.com has the right to assign or delegate this Agreement, in whole or in part, at any time. You have no right to assign, transfer, loan, give away, any right given to you under this Agreement at any time.
- Disclosure of Your Information.
You authorize www.charlestonhome.com and each of its affiliates to disclose to third parties, agents, and other representatives, including, without limitation, consultants, auditors or attorneys, information you have provided or that we or our affiliates have obtained about you in the following instances: i) to comply with a law, regulation or court order which applies to us or an affiliate; ii) upon your authorization; iii) to local, state and federal authorities, if we believe a crime may have been committed involving your use of this Site; and/or iv) in response to requests by agents of www.charlestonhome.com, or its affiliates, such as independent auditors, attorneys or consultants.
- Intellectual Property Rights.
You hereby acknowledge and agree that www.charlestonhome.com exclusively owns or has rights to all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other matters included within this Site, to all modifications and derivative works thereof, and to all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto (collectively "Materials"). Except as expressly provided herein, the copying, redistribution, use or publication by you of any of the Materials is strictly prohibited. You do not acquire any ownership rights to any of the Materials
www.charlestonhome.com is pleased to hear from its members and welcomes your comments regarding www.charlestonhome.com online services. If you send us submissions (e.g., postings to a Community Bulletin Board or contests) or you send us creative suggestions, ideas, notes, drawings, marketing concepts or other information the Submissions shall be deemed, and shall remain, the property of www.charlestonhome.com. None of the Submissions shall be subject to any obligation of confidence on the part of www.charlestonhome.com. www.charlestonhome.com shall not be liable for any use or disclosure of any Submissions and www.charlestonhome.com may edit, in its sole discretion, such Submissions for use. Without limitation of the foregoing, you hereby assign to www.charlestonhome.com all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and agree that www.charlestonhome.com shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. To the extent this assignment is ineffective; you hereby grant to www.charlestonhome.com a royalty-free, nonexclusive, perpetual, unrestricted license to publish, transmit, perform, display and otherwise use this Submissions for any purpose whatsoever.
You hereby acknowledge and agree that www.charlestonhome.com marks used in connection with this Site are either trademarks or service marks of www.charlestonhome.com and shall remain the exclusive property www.charlestonhome.com. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Subject to your compliance with the terms of this Agreement, www.charlestonhome.com grants you a limited, non-exclusive, non-transferable, indivisible license, without any right to sublicense, to use this Site and any Materials found herein, solely for your own personal use, not for republication, redistribution, assignment, resale, preparation of derivative works or any other use and subject to any additional license agreements you may enter into with www.charlestonhome.com. You shall not directly or indirectly decompile, disassemble, merge, translate, modify or reverse engineer any portion of this Site, the Materials or the Software. Any software that is made available to download from this Site is the copyrighted work of the NBAA and/or its suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software License Agreement. End-users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end-user first agrees to the terms of the License Agreement. For any Software not accompanied by a License Agreement, the following shall constitute the terms of the License Agreement: www.charlestonhome.com hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and to use this Site in accordance with these terms of use, and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained in this Site, is owned by www.charlestonhome.com and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Except to the extent prohibited by law, www.charlestonhome.com here by disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- Editing, Deleting and Modification.
We reserve the right in our sole discretion to add, edit or delete any documents, information or other content appearing on this Site.
In accordance with the Digital Millennium Copyright Act ("DMCA"), Pub. L. 105-304, www.charlestonhome.com has designated an agent to receive notification of claimed copyright infringement. If you believe that your copyrighted work is being infringed on Site, please notify our designated agent:
Roxanna Morey
Charleston Real Estate
Roxanna@buyersagent.net
Contents of Notice The DMCA requires that all notices of alleged copyright infringement be in writing. For www.charlestonhome.com to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed.
You agree to indemnify, defend and hold harmless www.charlestonhome.com, its officers, directors, shareholders, employees, partners, equipment and service suppliers, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns (collectively "Affiliated Parties") from all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement, (b) your use of this Site, (c) any transactions or other activities you engage in with any third party service or equipment providers, third party merchant sites or other third parties who you access by or through this Site (collectively "Merchants"), (d) your infringement or violation of the intellectual property or other rights of third parties, and/or (e) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay www.charlestonhome.comt’s expenses, as provided above, www.charlestonhome.com shall have the right to defend itself and, in that case, you shall reimburse www.charlestonhome.com for all of its reasonable attorney's fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of www.charlestonhome.com’s written requests.
This site and the materials contained herein without warranties of any kind. All warranties, express, implied or statutory, are disclaimed (including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non infringement of third party rights or arising out of course of conduct or trade custom or usage). You understand and agree that the operation of the site may involve bugs, errors, problems or other limitations. www.charlestonhome.com and its affiliated parties have no liability whatsoever for your use of the site or use of any information or service accessed through the site. No advice or information, whether oral or written, obtained by you from www.charlestonhome.com or its affiliated parties through the site shall create any warranty, representation or guarantee of any kind.
You agree that neither www.charlestonhome.com nor its affiliated parties shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, this site, by internet browser providers such as netscape or microsoft, by internet access providers or by online service providers or by an agent or subcontractor of the foregoing. www.charlestonhome.com and its affiliated parties shall not be responsible for any direct, indirect, special, consequential or exemplary damages, whether foreseeable or not, whether based on breach of contract, tort (including negligence), strict liability or under any theory of liability, that are in any way related to this agreement, the breach thereof, the use of the site, the installation, download, use, or maintenance of equipment or software used in connection with this site, internet browsers or access software, any viruses affecting this site, the use or inability to use this site, the results generated from the use of this site, loss of goodwill or profits, lost business, however characterized, and/or from any other cause whatsoever. You further agree that each and every provision of this agreement that provides for a limitation of liability, disclaimer of warranties or exclusion of damages is expressly intended to be severable and independent of any other provisions since these provisions represent separate elements of risk allocation between the parties and shall be separately enforced. This site, the service and the information provided herein would not be provided without such limitations. In no event shall www.charlestonhome.com’s liability to you exceed the amount of fees paid by you to www.charlestonhome.com for use of our site and/or services.
We may allow access to or advertise for Merchants from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, product performance and warranties, billing and customer service. We are not a party to the transactions entered into between you and any Merchants. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to any Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. You agree that your use of such Merchants is at your own risk and is without warranties of any kind by us, expressed, implied, statutory or otherwise including, without limitation, the implied warranties of title, fitness for a particular purpose, merchantability, noninfringement of third party rights or arising out of course of conduct or trade custom or usage, all of which are expressly disclaimed. Under no circumstances are we liable for any damages or losses arising from the transactions between you and any merchants or for any information appearing on merchant sites or any other site linked to this site or accessed through the site.
- Links to Other Web Sites.
This Site may contain links to other sites. We are not responsible for the content, accuracy or opinions expressed in such sites, and such sites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such sites. Any hyperlink on our Site does not imply approval or endorsement of the linked site by us.
This Site (excluding linked sites) is controlled by www.charlestonhome.com from its offices in the State of South Carolina, United States of America. Both parties agree that this Agreement shall be deemed executed and performed by both parties in Charleston County, South Carolina. This Agreement shall be interpreted and enforced according to the substantive laws of the State of South Carolina, without application of its conflicts or choice of law rules. Both you and www.charlestonhome.com irrevocably submit to the jurisdiction of the state and/or federal courts located in Charleston, South Carolina for any action or proceeding regarding this Agreement, and waive any right to object to the jurisdiction or venue of the courts in Charleston County, South Carolina.
Any cause of action by you with respect to this Site and/or any information, products or services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of this Agreement.
Attorneys' Fees. In the event a dispute arises regarding this Agreement or the use of this Site, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to damages and any other relief to which it is entitled.
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