PETER
NASH - REAL ESTATE WEB SITE TERMS, CONDITIONS AND NOTICES AGREEMENT
BETWEEN USER
AND PETER NASH - REAL ESTATE
Peter
Nash is licenced with Macdonald Realty, Victoria, BC
This Web
site (which shall include all information, images, software,
products and services available from the Web site or offered
as part of or in conjunction with this Web site) is offered
to you, the user, conditioned on your acceptance without modification
of the terms, conditions and notices contained herein. Your
use of this Web site or participation in this Web site constitutes
your agreement to all such terms, conditions and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web
site is for your personal and noncommercial use. Except as
otherwise expressly provided, you may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer or sell any information, software,
products or services obtained from or available as part of
or in conjunction with this Web site.
NO UNLAWFUL
OR PROHIBITED USE
As a condition
of your use of this Web site, you warrant to Peter Nash - Real Estate. that you will not use this Web site for any purpose
that is unlawful or prohibited by these terms, conditions
and notices.
USE OF
BULLETIN BOARD, CHAT ROOMS AND OTHER COMMUNICATIONS FORUMS
If this
Web site contains bulletin boards, chat rooms or other message
or communication facilities (collectively, "Forums"),
you agree to use the Forums only to send and receive messages
and material that are proper and related to the particular
Forum. By way of example, and not as a limitation, you agree
that when using a Forum, you shall not do any of the following:
- Defame,
abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of
others.
- Publish,
post, distribute or disseminate any defamatory, infringing,
obscene, indecent or unlawful material or information.
- Upload
files that contain software or other material protected
by intellectual property laws (or by rights of privacy or
publicity) unless you own or control the rights thereto
or have received all necessary consents.
- Upload
files that contain viruses, corrupted files or any other
similar software or programs that may damage the operation
of another's computer.
- Delete
any author attributions, legal notices or proprietary designations
or labels in any file that is uploaded.
- Falsify
the origin or source of software or other material contained
in a file that is uploaded.
- Advertise
or offer to sell any goods or services, or conduct or forward
surveys, contests or chain letters.
- Download
any file posted by another user of a Forum that you know,
or reasonably should know, cannot be legally distributed
in such manner.
You acknowledge
that all Forums are public and not private communications.
Further, you acknowledge that chats, postings, conferences
and other communications by other users are not endorsed by
Peter Nash - Real Estate, and such communications shall not
be considered reviewed, screened or approved by Peter Nash - Real Estate. Peter Nash - Real Estate reserves the right for
any reason to remove without notice any contents of the Forums
received from users, including without limitation bulletin
board postings. Peter Nash - Real Estate reserves the right
to deny in its sole discretion any user access to this Web
site or any portion thereof without notice.
SOFTWARE
AVAILABLE ON THIS WEB SITE
Any software
that is made available to download from this Web site ("Software")
is the copyrighted work of Peter Nash - Real Estate and/or its
suppliers. Your 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").
You may not install or use any Software that is accompanied
by or includes a License Agreement unless you first agree
to the License Agreement terms.
For any
Software not accompanied by a license agreement, Peter Nash - Real Estate hereby grants to you, the user, a personal, nontransferable
license to use the Software for viewing and otherwise using
this Web site in accordance with these terms and conditions,
and for no other purpose.
Please
note that all Software, including without limitation all HTML
code, Scripts, Applets, Active X controls, images, animations,
videos, sound files, and databases contained in this Web site,
is owned by Peter Nash - Real Estate 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. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge
that the Software, and any accompanying documentation and/or
technical information, is subject to applicable export control
laws and regulations of Canada. You agree not to export or
re-export the Software, directly or indirectly, to any countries
that are subject to Canadian export restrictions.
LINKS
TO THIRD PARTY SITES
This Web
site may contain hyperlinks to Web sites operated by parties
other than Peter Nash - Real Estate. Such hyperlinks are provided
for your reference only. Peter Nash - Real Estate does not control
such Web sites and is not responsible for their contents.
Peter Nash - Real Estate's inclusion of hyperlinks to such Web
sites does not imply any endorsement of the material on such
Web sites or any association with their operators.
USE OF
INFORMATION
Peter Nash - Real Estate and/or its affiliates may gather, process
and use (and allow others to use) the information which you
provide directly (e.g., name, physical address, e-mail address),
as well as information regarding the manner in which you use
this Web site. From time to time, Peter Nash - Real Estate may
allow others to offer products and services to you. If you
wish to discontinue receiving such offers, you may notify
Peter Nash - Real Estate. by sending e-mail to realestate@peternash.com.
In order to permit us to make this change, you must include
your e-mail name and first and last name in the text of your
message.
SERVICE
CONTACT
Contact webmaster@peternash.com with questions or problems with this web site.
COPYRIGHT
AND TRADEMARK NOTICES:
All contents
of this Web site are: Copyright © 1996-2009 Peter Nash - Real Estate
MODIFICATION
OF THESE TERMS AND CONDITIONS
Peter Nash - Real Estate reserves the right to change the terms, conditions
and notices under which this Web site is offered.
LIABILITY
DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PETER NASH -
REAL ESTATE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
PETER
NASH - REAL ESTATE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. PETER NASH
- REAL ESTATE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PETER
NASH - REAL ESTATE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS
WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED
THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF PETER NASH - REAL ESTATE OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
GENERAL
This agreement
is governed by the laws of the Province of British Columbia,
Canada. You hereby consent to the exclusive jurisdiction and
venue of courts in Victoria, British Columbia, Canada in all
disputes arising out of or relating to the use of this Web
site. Use of this Web site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph.
You agree
that no joint venture, partnership, employment or agency relationship
exists between you and Peter Nash - Real Estate as a result
of this agreement or use of this Web site.
Peter Nash - Real Estate's performance of this agreement is subject
to existing laws and legal process, and nothing contained
in this agreement is in derogation of Peter Nash - Real Estate's
right to comply with law enforcement requests or requirements
relating to your use of this Web site or information provided
to or gathered by Peter Nash - Real Estate with respect to such
use.
If any
part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
This agreement
constitutes the entire agreement between the user and Peter Nash - Real Estate with respect to this Web site and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and
Peter Nash - Real Estate with respect to this Web site. A printed
version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained in printed
form.
Fictitious
names of companies, products, people, characters and/or data
that may be used herein are not intended to represent any
real individual, company, product or event.
Buyers should note that information is submitted as descriptive as to type and quality of residence
and property only. Figures relating to size and quantum must be taken as approximate.
Any rights
not expressly granted herein are reserved. |
