HiltonHeadMLS.com Public Site

 

TERMS OF USE

 

Please read the following Terms of Use relating to your access and use of THIS WEBSITE carefully.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST IMMEDIATELY LOG OFF OF THE WEBSITE

 

 

 

1.  Scope of These Terms of Use.

 

These Terms of Use apply to your use of the Public side of the HiltonHeadMLS.com website owned and operated by Multiple Listing Service of Hilton Head Island, Inc. (“HHIMLS”), referred to herein as “this Site.”  These Terms of Use do not apply to your use of unaffiliated websites of any other companies, organizations or individuals or to which this Site links, (“Other Sites”).

 

2.  Acceptance of These Terms of Use.

 

In order to use this Site you must first agree to these Terms of Use.  You may not use this Site if you do not agree to these Terms of Use.

 

By using this Site, you agree to be bound to these Terms of Use.  HHIMLS, its subsidiaries, Members, agents, business affiliates and suppliers (“we” “us” or “our”) make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these terms, conditions and notices. 

 

Users of the public side of the HiltonHeadMLS.com website can accept these Terms of Use by actually using the Site.  You understand and agree that HHIMLS will treat your use of the Site as acceptance of these Terms of Use from that point forward.  You agree that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and/or your organization.

 

3.  Disclaimer Regarding Links.

 

We are not responsible for the availability of any Other Site to which this Site links.  We do not take responsibility for the contents, advertising, products, privacy policies or other material made available through any Other Site nor do we endorse Other Sites.  Please direct your concerns to that Other Site’s webmaster or appropriate contact.

 

4.  Intellectual Property Rights Ownership and Notification.

 

Unless otherwise noted, all right, title and interest in all information including, but not limited to, screens, texts, Web pages, information, products, services, software, or other materials (collectively “Content”) appearing in and on this Site are the exclusive property of HHIMLS.  All Content contained on or used in this Site is copyrighted, all rights reserved, and the ownership of the copyrights herein shall at all times remain vested in HHIMLS, unless otherwise noted.  HHIMLS shall have the right to license any Content, subject to its stated Privacy Policy, contained in, or collected on, this Site to any entity pursuant to terms agreed upon by HHIMLS.  All Content on this Site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by HHIMLS or by third party Content providers (collectively "Providers"), that have licensed their Content or the right to market their products and/or services to HHIMLS.  Content on this Site or content controlled by the Providers is provided solely for your personal, non-commercial use.  Such Content may not be framed, copied, reproduced, republished, uploaded, posted, transmitted, distributed, scraped, spidered and/or exploited in any way, including by e-mail or other electronic means for commercial use without proper license agreements with HHIMLS.  Such use of the Content is considered theft and will be prosecuted.

 

5.  Use Restrictions.

 

By using this Site you warrant to HHIMLS that you will not use this Site for any unlawful purpose or any use prohibited pursuant to these Terms of Use.  Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.

 

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, including, but not limited to software, products or services obtained from this Site.

 

6.  Third Party Applications.

 

This Site may employ the use of third party applications, such as Microsoft Virtual Earth.  Your use of these third party applications is subject to their respective Terms of Use and other policies.

 

7.  Liability Disclaimer.

You use this Site at your own risk.  Your use of the Content provided here is also used at your own risk.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION OR CONTENT, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.  ADVICE RECEIVED VIA THIS SITE SHALL NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

8.  Warranty Disclaimer.

 

You expressly understand and agree that this Site and the information and Content available through this Site are provided on an “as is” “as available” basis.  HHIMLS does not warrant that this Site will be uninterrupted or error-free, and HHIMLS makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information or Content available through the Site.   HHIMLS expressly disclaims any and all warranties of any kind with respect to the Site and the information or Content available through the Site, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose.  This Site and the information available through this Site are always subject to change.

 

9. Changes to the Site.

 

HHIMLS may make changes or improvements to the Content, information, services, products or other materials on this Site at any time without notice.

 

10.  Privacy Policy.

 

We are committed to protecting your privacy and security and have explained in detail what we do in our Privacy Policy.  Please read it.

 

11.  Jurisdictional Issues.

 

We operate and control our Site from our offices in South Carolina in the United States of America.  Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The parties agree to use the alternative dispute resolution procedure set forth herein as the sole means of resolving any disputes arising out of this Agreement and the rights and obligations of the parties hereunder.  The parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly and initially between the parties by negotiation.  If a dispute is not resolved by negotiation, the parties agree to participate in at least four (4) hours of mediation in accordance with the mediation procedures established by the mediation services provider chosen by the parties in BEAUFORT COUNTY, SOUTH CAROLINA.  The parties agree that their participation in mediation is a condition precedent to any party pursuing any other available remedy in relation to the dispute.  Any party to the dispute may give written Notice to the other parties of their desire to commence mediation and a mediation session must take place within thirty (30) days after the date such Notice is given.  The parties agree to equally share the cost of the mediation which costs shall not include costs incurred by a party for representation by counsel at the mediation.  In the event the dispute is not resolved by mediation, the parties agree to arbitrate the dispute in accordance with the rules, processes and procedures of the American Arbitration Association office located in BEAUFORT COUNTY, SOUTH CAROLINA and if there is none, such other mutually agreeable arbitration service located in BEAUFORT COUNTY, SOUTH CAROLINA.  All parties shall share the costs of the arbitration.  In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award or fails to comply with the arbitrator’s award the other parties are entitled to costs of suit, including reasonable attorney’s fees for having to compel arbitration or defend or enforce the award.

 

12.  Miscellaneous.

 

This Agreement shall be governed by and construed in accordance with the laws of the state of South Carolina, without regard to conflict of law principles, thereof, and be limited to the exclusive jurisdiction and venue of the state or federal courts located in the county of Beaufort, South Carolina and shall benefit and be binding upon the parties hereto and their respective successors and assigns.

 

If any of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

 

This is the entire Agreement between you and us governing your access to, dealings with, and use of this Site.

 

Any failure by HHIMLS to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.

 

This Agreement may be modified only by our posting of changes to these Terms of Use. 

 

Any inquiries regarding these Terms of Use should be directed to:  privacy@hiltonheadmls.com.