TERMS OF USE
The information offered by Bunker Hill Partners,
LLC d/b/a Common Cents Realty (“Company”) on the
web site located at www.commoncentsre.com (this “Site”)
is subject to the following terms of use (these “Terms of
Use”).
By accessing, browsing and/or using this Site, you acknowledge and
agree to these Terms of Use. If you do not agree to every provision
of these Terms of Use, please do not access, browse or use this Site.
We reserve the right to revise these Terms of Use at any time and
for any reason, without notice or obligation, by updating this posting.
By accessing, browsing and/or using this Site following the posting
of changes to these Terms of Use, you accept these changes. Any use
of this Site in a manner inconsistent with these terms and conditions
is deemed unauthorized access and may subject the user to civil or
criminal penalties. We recommend that you periodically visit this
page of the Site to review these Terms of Use.
1. RESTRICTED USE OF SITE MATERIALS
As between Company and you, Company (or 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 Company) owns or controls the material on this
Site, such as software, text, graphics, information, images, documents,
presentations and other material (collectively referred to as the “Content”). The
Content is protected by trademark, service mark, copyright and/or
other intellectual property laws. Company grants you a limited
right to access and use this Site. For your personal non-commercial
use only, you may print copies of the Content and store it on your
own computer. You may not otherwise download or modify this Site
or any Content, except with the prior express written consent of
Company. You are not granted any license for (i) any resale or
commercial use of this Site or the Content; (ii) any derivative
use of this Site or the Content; or (iii) any use of data mining,
robots, or similar data gathering and extraction tools. Any unauthorized
use by you shall automatically terminate all rights granted to
you hereunder.
Although Company provides the Content for your personal, non-commercial
use, Company retains its property rights, such as those rights under
U.S. and international copyright law, to all Content, including but
not limited to non-textual information components, such as graphic
images and trade dress, that are part of or incident to the Content.
This means that without the prior express written permission of Company,
you may not (i) distribute Content to others; (ii) include
Content on any other web site, on a server computer, or in documents,
including but not limited to “mirroring” the information
and/or displaying the information by means of HTML frames or similar
means; or (iii) modify or re-use the Content. Company reserves all
rights not expressly granted herein
You acknowledge and agree that any name, logo, trademark, or service
mark contained on this Site is owned or used with permission by Company
and may not be used by you without the express prior written approval
of Company or the relevant owner of the name, logo, trademark or
service mark. Company will aggressively enforce its intellectual
property rights to the full extent of the law. Your use of any of
these materials is prohibited unless specifically permitted by Company
in writing prior to any such use. Any unauthorized use of these materials
may subject you to penalties or damages, including but not limited
to those related to violation of trademarks, copyrights, privacy
and publicity rights.
2. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Site, and you
agree not to use or permit others to use this Site, for any of
the following: (a) take any action that imposes an unreasonable
or disproportionately large load on the 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
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 browsers
such as Netscape Navigator® and Microsoft Internet Explorer® may
be used without such permission.
3. LINKING
You may not link to this Site from any pornographic, obscene, profane,
defamatory, libelous, threatening, unlawful or other web site or
material which could constitute or encourage unlawful conduct that
would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law or regulation. Notwithstanding the
fact that Company or other parties involved in creating, producing,
or delivering this Site, may monitor or review any links to this
Site, Company and such parties, assume no responsibility or liability
which may arise from the content thereof.
Although this Site may link to other web sites (“External
Sites”), Company is not, directly or indirectly, implying
any approval, association, sponsorship, endorsement, or affiliation
with any External Site, unless specifically stated herein. By entering
this Site you acknowledge and agree that Company has not reviewed
the External Sites and is not responsible for the content contained
on any External Site. Your access and use of any External Site is
at your own risk.
4. DISCLAIMERS
While Company makes reasonable efforts to ensure that the Content
is correct, Company makes no warranties or representations as to
the accuracy of the Content. THIS SITE AND ALL CONTENT
IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TO THE FULLEST
EXTENT PERMITTED BY LAW, COMPANY ALSO DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS
SITE.
5. LIMITATIONS OF LIABILITY
You acknowledge and agree that your use of this Site and any Content
is at your own risk. IN NO EVENT SHALL COMPANY, ITS
OFFICERS, agents, MEMBERS, PARTNERS, employees AND/OR ANY OF the
parties involved in creating, producing, or delivering this Site
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DIRECT DAMAGES, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
legal fees, expert fees, other disbursements OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM, directly
or indirectly, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE
CONTENT, including but not limited to anything caused by any viruses,
bugs, human action or inaction or any computer system, phone line,
hardware, software, or program malfunctions, or any other errors,
failures or delays in computer transmissions or network connections,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR ANY OTHER LEGAL THEORY, EVEN IF THAT PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF ANY SUCH DAMAGES.
6. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company 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.
7. THIRD PARTY RIGHTS
These Terms are for the benefit of Company 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.
8. APPLICABLE LAW AND JURISDICTION
You agree that the laws of the Commonwealth of Massachusetts, without
regard to its principles of conflict of laws, will govern these
Terms of Use and any dispute concerning or related to these Terms
of Use. You hereby expressly agree to submit to the exclusive personal
jurisdiction of the federal and state courts sitting in Boston,
Massachusetts for the purpose of resolving any dispute relating
to your access to or use of this Site. Company may seek injunctive
or other appropriate relief in any state of federal court in the
Commonwealth of Massachusetts, and you consent to exclusive jurisdiction
and venue in such courts.
9. Termination of the Agreement
Company reserves the right, in its sole discretion, to restrict,
suspend, or terminate these Terms of Use and access to all or any
part of the Site or the Content, at any time and for any reason
without prior notice or liability. Company reserves the right to
change, suspend, or discontinue all or any part of the Site or
the Content at any time without prior notice or liability. If
these Terms of Use are terminated, this section 9 and Sections
1, 2, 4, 5, 6, 7, 8 and 11 shall survive the termination of these
Terms of Use.
10. PRIVACY POLICY
To understand our privacy practices, please review our Privacy
Policy which governs our use of information collected
through this Site.
11. GENERAL
If any of these terms and conditions are deemed invalid, void or
unenforceable, such term or condition shall be deemed severable
and shall not affect the validity or enforceability of the remaining
terms and conditions. Failure of Company to act on or enforce
any provision of these Terms of Use shall not be construed as a
waiver of that provision or any other of these Terms of Use.