Last Updated: April 21, 2015
This website (the “Website”) is made available by the New Hampshire Commercial Investment Board of Realtors, Inc. (“NHCIBOR”). This Website is offered to you, the user, conditioned on your acceptance of, and agreement to be bound by, all the terms and conditions contained within these terms of use (the “Terms of Use”) without modification. These Terms of Use also apply to any co-branded or framed version of the Website.
By accessing, browsing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You also agree to comply with all applicable laws, rules and regulations associated with your use of the Website. If you do not agree to the Terms of Use, you are not authorized to use the Website.
NHCIBOR reserves the right at any time, for any reason, to change or discontinue the Website, and any aspect or feature thereof, including, but not limited to, available Content (as defined below), features, services and content providers, hours of availability, equipment needed for access or use and any other capabilities of the Website.
Use of the Website and Services
NHCIBOR grants you a limited, non-transferable license to access and make personal use of NHCIBOR’s services made available through the Website (collectively, the “Services”) in accordance with the terms and conditions of these Terms of Use. You may only use the Services for personal, non-commercial use and shall not use the Services for any other purpose. For avoidance of doubt, this license does not include any resale or commercial use of the Services or its contents or any derivative use of the Services or its contents.
You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate content, advertising and information about the Services received through the Website (collectively, “Content”) to anyone without NHCIBOR’s express prior written consent. You also agree that you will not use any robot, spider, software, routine, meta-search, automated query or device, or manual process to bypass security measures or to monitor or copy content contained on the Website, or for any other unauthorized purpose, without the prior expressed written permission of NHCIBOR. You also agree that you will not interfere or attempt to interfere with the proper working of the Website, including attempting to access data not intended for you or for which you are not authorized to access; attempting to probe, scan or test vulnerabilities to breach security; attempting to interfere with the Website by submitting viruses, forging TCP/IP packet or other header information; flooding, spamming, mail bombing, or attempting to overload or crash the Website; or by taking any action that may impose an unreasonable or disproportionately large load on the infrastructure supporting the Website.
In its sole discretion, in addition to any other rights or remedies available to NHCIBOR and without any liability whatsoever, NHCIBOR at any time and without notice may terminate or restrict your access to the Services. If you have been notified by NHCIBOR that you are prohibited from using the Services, then notwithstanding the foregoing you have no license to use the Services and any access by you or on your behalf shall be unauthorized and unlawful. NHCIBOR may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or in any other reasonable manner. NHCIBOR reserves the right to cancel any and all transactions you have made using the Services after you have been prohibited from using the Services, with no liability whatsoever to you.
In order to access certain features of the Website, you may be required to register for a Website account (an “Account”). If you opt to register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update this information to keep it true, accurate, current and complete as permitted through the functionality of the Website. If NHCIBOR has reasonable grounds to suspect that the information you provided to the Website is untrue, inaccurate or incomplete or your use of the Website is improper, all as determined by NHCIBOR in its sole discretion, NHCIBOR may suspend or terminate your account and refuse any and all current or future use of the Website. (NHCIBOR may also suspend or terminate any user’s account and refuse any and all current or future use of the Website without giving a reason, in NHCIBOR’s sole discretion.) You are responsible for all use of your Account under any screen name or password by any person or entity and for ensuring that your Account complies fully with the provisions of the Terms of Use. You will be responsible for protecting the confidentiality of your password. You acknowledge and agree that NHCIBOR may send you important information and notices regarding your account and the Website by email, text messaging (if you opted in to receive this service) or other means based on the information you provided. You acknowledge and agree that NHCIBOR will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, but not limited to, your failure to receive important information and updates about the Website.
You may be able to access some features of the Website without registering for an Account and in each such case your identification may be based on an automated means of identification as NHCIBOR may determine, in its sole discretion.
Third Party Content, Services and Websites
The Website may contain names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Website, advertising and information about third party products and services, and hyperlinks to other third party websites, products and services that are not controlled or maintained by NHCIBOR (collectively, “Third Party Content”). You agree that NHCIBOR is not responsible for the Third Party Content, advertising, information, privacy policies, products, services, or other materials on the Website or available from the hyperlinked websites. NHCIBOR’s inclusion of Third Party Content on the Website and hyperlinks to third party websites does not imply any endorsement of the Third Party Content or materials on the third party websites. Use of any products and services advertised or promoted on the Website and the websites linked to the Website is at your own risk. NHCIBOR encourages you to note when you leave the Website and to read the terms of use of the other websites.
Submitted Content
By submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant NHCIBOR and the affiliated, co-branded and/or linked website partners through whom NHCIBOR provides Services, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that NHCIBOR may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our partners. You further grant NHCIBOR the right to pursue at law any person or entity that violates your or NHCIBOR’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. NHCIBOR takes no responsibility and assumes no liability for any Submissions posted or submitted by you. NHCIBOR has no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that NHCIBOR may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
Monitoring
NHCIBOR shall have the right, but not the obligation, to monitor the content and user traffic of the Website, including blogs and forums, to determine compliance with the Terms of Use and any other terms and conditions established by NHCIBOR and to satisfy any law, regulation or authorized government request. NHCIBOR shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, NHCIBOR shall have the right to remove any material that NHCIBOR, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Proprietary Rights and License
All Content is protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their materials to NHCIBOR. All Content is:
Copyright 2015 New Hampshire Commercial Investment Board
of Realtors, Inc. and/or its licensors. All rights reserved.
Some of the Content available on the Website for your use is owned by NHCIBOR or provided under license to NHCIBOR (collectively, “NHCIBOR Materials”). You may use, display, perform, redistribute and otherwise exploit the NHCIBOR, solely to the extent permitted hereunder; this license is granted on a royalty-free, revocable, non-sublicensable, not-transferable and non-exclusive basis (“License”) that is conditioned upon your complying with the following restrictions and such other terms set forth in the Terms of Use. You may not alter or edit the NHCIBOR Materials, or combine the NHCIBOR Materials with other materials in any way. You may not offer or impose any terms on the NHCIBOR Materials that alter or restrict the terms of the License or the Terms of Use. You may not sublicense, assign or sell the NHCIBOR Materials. You must keep intact all notices that refer to the License and to any disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the NHCIBOR Materials with any technological measures that control access or use of the NHCIBOR Materials in a manner inconsistent with the terms of the License or the Terms of Use. You must keep intact all copyright and other notices that appear on the NHCIBOR Materials. You may not frame any of the content of this Website nor incorporate into another website or other service any intellectual property of NHCIBOR or its licensors. However, if you comply with the foregoing restrictions, you are free to establish a hypertext link to the Website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by NHCIBOR or any of its affiliates.
Trademarks
You have no right to use any names, marks, logos, copyright titles, trademarks, service marks or other property of NHCIBOR, except as expressly provided herein. Any other trademarks or service marks and associated logos found herein are the trademarks or service marks of their respective owners, in which you likewise have no rights. All rights not granted herein are hereby expressly reserved by NHCIBOR and its licensors.
Limitations of Liability
you expressly agree that YOUR use of the Website is at your own risk. NHCIBOR makes NO representations or warranties of any kind regarding the Website, THE Content or the results that may be obtained from use of the Website. NHCIBOR and/or its content and service providers make no representations about the suitability of the Content, software, products and services available on the Website for any purpose. All such Content, software, products and services are provided on an “as-is” and “as available” basis, without warranty of any kind. NHCIBOR and/or its content and service providers hereby disclaim all warranties and conditions with regard to such Content, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Without limiting the foregoing, the Content, software, products and services distributed on or through the Website may include inaccuracies or typographical errors. In addition, changes are periodically made to the Content, software, products and services.
In no event shall NHCIBOR and/or its content or service providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for any Content, software, products and services obtained through the Website, or otherwise arising out of your use of the Website, whether based on contract, tort, strict liability or otherwise, even if NHCIBOR or any of its content or service providers has been advised of the possibility of damages. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
YOU SPECIFICALLY ACKNOWLEDGE THAT NHCIBOR SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Termination
NHCIBOR may terminate the Terms of Use at any time. Without limitation of the foregoing, NHCIBOR may immediately terminate your use of the Website in the event of any of your conduct that NHCIBOR, in its sole and absolute discretion, considers to be unacceptable or in breach of the Terms of Use or any applicable law or regulation or which does or may tend to expose NHCIBOR, a content or service provider or licensor to any liability. The provisions of the Terms of Use concerning indemnification obligations, disclaimers and limitations of liability shall survive any termination of the Terms of Use for any reason.
Indemnification
You agree to defend, indemnify and hold NHCIBOR harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your use of the Website and/or your breach of any warranties, representations and agreements set forth in the Terms of Use, including, without limitation, any unauthorized use of Content.
General
The Terms of Use are governed by the laws of the State of New Hampshire, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Hillsborough County, New Hampshire, USA, in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NHCIBOR as a result of the Terms of Use or use of the Website. NHCIBOR’s provision of the Website is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of NHCIBOR’s right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by NHCIBOR with respect to such use. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms of Use will continue in full force and effect. The Terms of Use constitute the entire agreement between you and NHCIBOR with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and NHCIBOR with respect to the Website. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions regarding the Terms of Use can be sent to: info@nhcibor.com.
Changes to the Terms of Use
Please return to the Website home page and review the Terms of Use from time to time, since they may be amended without notice, in NHCIBOR’s sole discretion. Any changes to the Terms of Use will be effective immediately upon the posting of the revised Terms of Use on the Website.