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Effective: April 1, 2005
Welcome. Second Home Association Ltd (the Association) provides services to you (the User) at www.2ndhome.net (including www.2ndhomefinder.com) (the Site) subject to the following Terms of Use. By using the Site, or registering on the Site, you agree that you have read, understand and agree to be legally bound by these Terms of Use.
We reserve the right to change or modify any of the terms and conditions contained herein or any policy or guideline of the Site, at any time, and at our sole discretion. If we change the Terms of Use, we will post a new version on the Site and update the date. Therefore, we encourage you to check the date of our Terms of Use whenever you visit this Site to see if it has been updated. Any changes or modification will be effective upon posting of the revisions.
If you do not agree to these Terms of Use as modified from time to time, please do not access or otherwise use the services available on our Site. If you have any question regarding the use of the Site, please contact us.
A) OUR Services
The Association does not engage in real estate brokerage services and is not licensed to perform any such services, which are performed exclusively by the local real estate professionals.
The Association does not sponsor, endorse, nor recommend any real estate agent, broker or other real estate related service provider who offers services through this Site or that is referred to you by this Site or its services. We cannot and do not represent or warrant that any real estate agent, broker or other service provider who offers services through this Site is licensed, qualified, or capable of performing any such service. We also cannot and do not make any assurance as to the timeliness or accuracy of the listings, information, or other related follow up provided by the real estate agent, broker or other service provider. You should use your independent judgment of the merits of any individual, entity or information that you find on or through, this Site or its services.
B) Obligations of Site Users
You shall remain solely liable for your conduct or any information that you upload, transmit to this Site, or download from this Site. You agree to indemnify and hold harmless the Association from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party. You agree that all of the information you provide to the Association, whether online or otherwise, is accurate and complete. Without limiting our rights pursuant to any other provisions in these Terms of Use, the Association may immediately terminate your access to and use of this Site, without penalty and without notice to you, if we have reason to believe that you provide false or misleading information or submit information under false pretenses to this Site.
Users also shall not attempt to gain unauthorized access to the Association database or other computer systems, nor attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Association in connection with this Site or services. Users shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Site or the Associations services, and shall not use any portion of this Site or the Associations services for any unlawful purpose.
C) User Account and Password
Certain Users of this Site will have a password and/or an account with the Association. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify the Association of any unauthorized use of your account or any other breach of security known to you.
D) Use of Third Party Links or Services:
You agree that the Association offers participation in a network of service providers who are not employed by the Association. This Site may also contain links to Web sites maintained by third parties. The Associations link to any third party Web site does not imply any endorsement of that site, its contents, the services provided, or its sponsoring organization. Such links are for your convenience and reference only.
Because the Association has no control over any such third parties, their sites, resources, information, software, products or services available from them, and we explicitly disclaim any responsibility for the accuracy, content, or availability of information from these third parties, and are not responsible or liable for any acts or omissions created or performed by them. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
E) Promotions
The Association may from time to time offer eligible Users promotional opportunities as an incentive to participate in these opportunities. These opportunities may include discounts, rebates, gift certificates, subscriptions or other that are only available to these eligible Users. User eligibility for a particular promotion will be defined in the then applicable rules governing each promotion. Not all Users may be eligible to receive all promotional opportunities.
F) Proprietary Rights
Copyrights: All contents of this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (Content), are either Copyright 2002 Second Home Association Ltd, or are the proprietary property of the Associations suppliers. Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Associations prior written permission. All rights reserved.
The Association respects copyright law and expects Users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. Without limiting the foregoing, if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Association a Notice of claims of copyright or other intellectual property infringement, at: 364 Railroad Street, St. Johnsbury, VT 05819. Please provide the following Notice: (1) Identify the copyrighted work or other intellectual property that you claim has been infringed; (2) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website; (3) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (4) A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (5) Your address, telephone number, and email address; and (6) Your physical or electronic signature. The Association will forward this information to the alleged infringer. It is the Associations policy to terminate the accounts of repeat infringers.
Trademarks and Service Marks: 2ndhome.net, 2ndhomefinder.com, their logos and the 2nd Home Journal logo, are including without limitation, either trademarks, service marks or registered trademarks of the Association, and the products and services described or offered in this Site, are either the trademarks, service marks or registered trademarks of the Association, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without 2nd Home Journals prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
G) Disclaimers
The Association intends for the information contained on its Site to be accurate and reliable; however, errors sometimes may occur. In addition, 2nd Home Journal may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." 2nd HOME JOURNAL AND/OR ITS SUPPLIERS, OR AFFILITIATES, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF 2nd HOME JOURNAL SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
H) Limitation of Liability
THE ASSOCIATION AND/OR ITS SUPPLIERS, OR AFFILIATES, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ASSOCIATIONS SERVICES OR THE WEB SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 2ND HOME JOURNAL AND/OR ITS SUPPLIERS OR AFFILIATES HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
I) Errors and Delays
The Association is not responsible for any errors or delays in responding to use of the Site caused by an incorrect email address provided by you or other technical problems beyond our reasonable control. THE ASSOCIATION DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. 2ND HOME JOURNAL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE THE ASSOCIATION ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, THE ASSOCIATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
J) Dispute Resolution
Any claim or controversy arising out of or relating to the use of this Site, provided by the Association, or to any acts or omissions for which you may contend the Association is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in St. Johnsbury, Vermont. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to the Association. In any arbitration, the Association will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Vermont. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND THE ASSOCIATION WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
If there is a dispute between participants on this site, or any third party, the Association is under no obligation to become involved. In the event that User has a dispute with one or more other users or third parties, User hereby releases the Association, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
K) Other Terms
These Terms of Use shall be subject to and construed in accordance with the laws of the State of Vermont, excluding its conflict of laws principles. If any part of these Terms of User are 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. 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. All rights not expressly granted herein are reserved.
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