Terms of Use

INTRODUCTION

Despresrealestate.com is part of the Despres and Associates, Inc. which offer home selling and home buying services as further described in the Despresrealestate.com Web site.

Despresrealestate.com offers you access to the Despresrealestate.com Web site in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by Despresrealestate.com from time-to-time. Despresrealestate.com refers to these terms, conditions, and notices, whether modified or unmodified, as the “Agreement” or as the “Terms of Use”. Despresrealestate.com reserves the right to modify in its sole discretion this Agreement and/or the Despresrealestate.com Web site without providing notification. You are responsible for regularly reviewing this Agreement. Your use of certain web pages within the Despresrealestate.com Web site may be subject to additional terms that are specific to such web pages as contained on such web pages.

In the event that (i) a specific term contained on such web site and/or web pages or (ii) any other term or guideline contained within the Despresrealestate.com Web site conflicts with this Agreement, this Agreement shall control.

BY VISITING OR USING THE DESPRESREALESTATE.COM WEB SITE OR ANY PAGE OF THE DESPRESREALESTATE.COM WEB SITE, EXCEPT THIS PAGE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT SUCH AGREEMENT CONSITUTES A BINDING CONTRACT BETWEEN YOU AND DESPRESREALESTATE.COM, INC. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE THE DESPRESREALESTATE.COM WEB SITE OR ANY PAGE OF THE DESPRESREALESTATE.COM WEB SITE.

GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE DESPRESREALESTATE.COM WEB SITE

Despresrealestate.com offers you access to the Despresrealestate.com Web site solely for your personal and non-commercial uses. You promise that you will not use the Despresrealestate.com Web site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial. You agree that you will not modify, distribute, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Despresrealestate.com Web site and except for personal and non commercial purposes, you agree that you will not copy, reproduce or transmit any information obtained from the Despresrealestate.com Web site. This means, among other activities, that agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Despresrealestate.com Web site in any manner which could damage, disable, overburden, or impair the Despresrealestate.com Web site or interfere with any other party’s use and enjoyment of the Despresrealestate.com Web site.

Except with the written permission of Despresrealestate.com, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Despresrealestate.com Web site. Unauthorized individuals attempting to access prohibited areas of the Despresrealestate.com Web site may be subject to prosecution.

INFORMATION PROVIDED TO YOU THROUGH THE Despresrealestate.com WEB SITE

From Third Party Content Providers including but not limited to Multiple Listing Services

The Despresrealestate.com Web site contains content and information originated by various Third Party Content Providers including Multiple Listing Services or in the case of Despres listings, from the seller of the property (the “Third Party Content”). Despresrealestate.com presents and makes available such content and information through the Despresrealestate.com Web site as a public service, for the sole purpose of aiding you, the individual consumer. Because the information is obtained from third party sources, Despresrealestate.com cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. The information is deemed reliable but not guaranteed. The data relating to real estate for sale on this web site comes in part from the IDX Program of NNEREN. You are responsible for confirming the sufficiency and reliability of any such information.

From Despresrealestate.com and its family of Affiliated Companies

For your convenience, the Despresrealestate.com Web site also contains content and information from Despresrealestate.com’s affiliated Despres businesses (“Affiliate Content”)

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THIRD PARTY CONTENT AND PUBLIC CONTENT, PROVIDED BY DESPRESREALESTATE.COM THROUGH THE DESPRESREALESTATE.COM WEB SITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DESPRESREALESTATE.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. DESPRESREALESTATE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DESPRESREALESTATE.COM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DESPRESREALESTATE.COM WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

INFORMATION PROVIDED BY YOU THROUGH THE DESPRESREALESTATE.COM WEB SITE

To Despresrealestate.com

In order for you to participate in certain services that Despresrealestate.com provides through the Despresrealestate.com Web site, it will be necessary for you to provide Despresrealestate.com or its authorized third party service providers with specific information about yourself (the “Despresrealestate.com Solicited Information”). If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating any other person or falsely representing your identity. Despresrealestate.com is committed to maintaining the privacy and security of any and all such information that you provide to Despresrealestate.com through the Despresrealestate.com Web site. To that end, Despresrealestate.com urges you to review the Despres Privacy Policy.

Despresrealestate.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD DESPRESREALESTATE.COM AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO DESPRESREALESTATE.COM SOLICITED INFORMATION OR AFFILIATE SOLICITED INFORMATION, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE DESPRESREALESTATE.COM WEB SITE AND/OR DESPRESREALESTATE.COM AND/OR ITS AFFILIATES.

SERVICES PROVIDED THROUGH THE DESPRESREALESTATE.COM WEB SITE

Third-Party Services

In connection with any dealings that you may have with third parties as a result of your use of the Despresrealestate.com Web Site, Despresrealestate.com is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Despresrealestate.com (and its affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

ADDITIONAL TERMS

This Agreement is governed by the laws of the State of New Hampshire, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New Hampshire, County of Cheshire and/or District of New Hampshire in all disputes arising out of or relating to the use of the Despresrealestate.com Web site. Use of the Despresrealestate.com 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 Despresrealestate.com as a result of this Agreement or use of the Despresrealestate.com Web site. Despresrealestate.com’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Despresrealestate.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Despresrealestate.com Web site or information provided to or gathered by Despresrealestate.com 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. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Despresrealestate.com with respect to the Despresrealestate.com Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Despresrealestate.com with respect to the Despresrealestate.com 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.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DESPRESREALESTATE.COM, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

IN NO EVENT SHALL DESPRESREALESTATE.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DESPRESREALESTATE.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE DESPRESREALESTATE.COM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DESPRESREALESTATE.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DESPRESREALESTATE.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DESPRESREALESTATE.COM 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DESPRESREALESTATE.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DESPRESREALESTATE.COM WEB SITE.

You agree to indemnify, defend and hold harmless Despresrealestate.com, its affiliates, employees, agents and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement.

All materials on the Despresrealestate.com Web Site (as well as the organization and layout of the Despresrealestate.com Web site) are owned and copyrighted or licensed by Despresrealestate.com, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the Despresrealestate.com Web site is permitted without the written permission of Despresrealestate.com. unless otherwise authorized herein. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent as specified below:

 

Corporate Counsel

Despres and Associates, Inc.

41 Main Street

Jaffrey, NH 03452

Fax (603)532-8742