The Hammersmith Group
Thehammersmithgroup.com
Terms and Conditions of Use
OVERVIEW
Welcome to the thehammersmithgroup.com web site (the "Web Site").
The goal of this Web Site is to provide you with access to residential real
estate products, services, and related links to meet your needs (the "Content").
Please read our Terms of Use (the "Terms") carefully before continuing
on with your use of this Web Site. These Terms shall govern the use of the
Web Site and apply to all Internet traffic visiting the Web Site. By accessing
or using this Web Site, you agree to the Terms. The Terms are meant to protect
all of our Web Site visitors and your use of this Web Site signifies your agreement
with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE
THIS WEB SITE. The Hammersmith Group ("The Hammersmith Group", "We",
"Us", "Our")
reserves the right, in its sole discretion, to modify, alter or otherwise update
these Terms at any time. Such modifications shall be effective immediately
upon posting. By using this Web Site after we have posted notice of such modifications,
alterations or updates you agree to be bound by such revised Terms.
In accordance with our goals, this Web Site will permit you to link to many other web sites, that may or may not be affiliated with this Web Site and/or The Hammersmith Group, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such web sites through links provided on this Web Site is governed by the terms of use and policies of those sites, not this Web Site.
PRIVACY
Registration data and certain other information about you is subject to our
Privacy Policy. For more information, please review our full Privacy Policy
which can be found on thehammersmithgroup.com/privacy.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by The Hammersmith Group, 259 South
Main Street; Bradford, MA 01835; telephone 917 447 8800. All content on this
Web Site, including, but not limited to text, images, illustrations, audio
clips, and video clips, is protected by copyrights, trademarks, service marks,
and/or other intellectual property rights (which are governed by U.S. and worldwide
copyright laws and treaty provisions, privacy and publicity laws, and communication
regulations and statutes), and are owned and controlled by The Hammersmith
Groupor its affiliates, or by third party content providers, merchants, sponsors
and licensors (collectively "Providers") that have licensed their
content or the right to market their products and/or services to The Hammersmith
Group. Content on this Web Site or any web site owned, operated, licensed or
controlled by the Providers is solely for your personal, non-commercial use.
You may print a copy of the Content and/or information contained herein for
your personal, non-commercial use only, but you may not copy, reproduce, republish,
upload, post, transmit, distribute, and/or exploit the Content or information
in any way (including by e-mail or other electronic means) for commercial use
without the prior written consent of The Hammersmith Group or the Providers.
You may request consent by faxing a request to The Hammersmith Group at 979-372-2949.
Without the prior written consent of The Hammersmith Group or the Providers,
your modification of the Content, use of the Content on any other web site
or networked computer environment, or use of the Content for any purpose other
than personal, non-commercial use, violates the rights of the owners of the
thehammersmithgroup.com and/or the Provider copyrights, trademarks or service
marks and other proprietary rights, and is prohibited. As a condition to your
use of this Web Site, you warrant to The Hammersmith Group that you will not
use our Web Site for any purpose that is unlawful or prohibited by these Terms,
including without limitation the posting or transmitting any threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.
If you violate any of these Terms, your permission to use our Web Site immediately
terminates without the necessity of any notice. The Hammersmith Group retains
the right to deny access to anyone at its discretion for any reason, including
for violation of these Terms. You may not use on your web site any trademarks,
service marks or copyrighted materials appearing on this Web Site, including
but not limited to any logos or characters, without the express written consent
of the owner of the mark or copyright. You may not frame or otherwise incorporate
into another web site any of the Content or other materials on this Web Site
without prior written consent of The Hammersmith Group.
PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and You agree
not to use or permit others to use this Web Site, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately large
load on the Web Site's infrastructure, including but not limited to "spam" or
other such unsolicited mass e-mailing techniques; (b) disclose to, or share
with, the assigned confirmation numbers and/or passwords with any unauthorized
third parties or using the assigned confirmation numbers and/or passwords for
any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or
reverse engineer any of the software or HTML code comprising or in any way
making up a part of this Web Site; (d) upload, post, emailing or otherwise
transmitting any information, Content, or proprietary rights that You do not
have a right to transmit under any law or under contractual or fiduciary relationships;
(e) violating any applicable local, state, national or international law, including,
but not limited to, any regulations having the force of law; and, (f) using
any robot, spider, intelligent agent, other automatic device, or manual process
to search, monitor or copy Our Web pages, or the Content without Our prior
written permission, provided that generally available third party Web browser
such as Mozilla Firefox_, Netscape Navigator_ and Microsoft Internet Explorer_
may be used without such permission.
LINKS
This Web Site may contain links to other web sites ("Linked Sites").
The Linked Sites are provided for your convenience and information only and,
as such, you access them at your own risk. The content of any Linked Sites
is not under The Hammersmith Group's control, and The Hammersmith Group is
not responsible for, and does not endorse, such content, whether or not The
Hammersmith Group is affiliated with the owners of such Linked Sites. You may
not establish a hyperlink to this Web Site or provide any links that state
or imply any sponsorship or endorsement of your web site by The Hammersmith
Group, or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER
THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE
OF EXCLUSION, RESTRICTION, OR MODIFICATION, THE HAMMERSMITH GROUP DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER THE HAMMERSMITH GROUP, ITS AFFILIATED OR RELATED ENTITIES, NOR THE
PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION
OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY
FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE HAMMERSMITH GROUP DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF
ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR
USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND
NOT THE HAMMERSMITH GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER THE HAMMERSMITH
GROUP, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED
IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE
OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER
ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR
OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM
THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY
OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE HAMMERSMITH
GROUP AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR
ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF
DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE HAMMERSMITH GROUPIS NOT LIABLE
OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS
OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS,
THE HAMMERSMITH GROUP'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Hammersmith Group and
the Providers, its and their officers, directors, employees, affiliates, agents,
licensors, and suppliers from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation by
you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of The Hammersmith Group and its Providers,
its and their officers, directors, employees, affiliates, agents, licensors,
and suppliers. Each of these individuals or entities shall have the right to
assert and enforce these Terms directly against you on its or their own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified, the Content contained in this Web Site is presented
solely for your convenience and/or information. This Web Site is controlled
and operated by The Hammersmith Group from its offices within Bradford, MA.
The Hammersmith Group makes no representation that Content in its Web Site
is appropriate or available for use in other locations. Those who choose to
access this Web 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. You may not use or export the materials in this Web Site
in violation of U.S. export laws and regulations. These Terms shall be governed
by, construed and enforced in accordance with the laws of the Commonwealth
of Massachusetts, as they are applied to agreements entered into and to be
performed entirely within such State. Any action you, any third party or The
Hammersmith Group brings to enforce these Terms, or in connection with any
matters related to this Web Site, shall be brought only in either the state
or Federal courts located in and for Bradford, MA and you expressly consent
to the jurisdiction of said courts. If any provision of these Terms shall be
unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the validity and enforceability
of any remaining provisions.
ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between The Hammersmith Group, its affiliated
or related entities, and you, and supersede any prior agreements or understandings
not incorporated herein. In the event that any inconsistencies exist between
these Terms and any future published terms of use or understanding, the last
published Terms or terms of use or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE HAMMERSMITH GROUP