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Welcome to our site. We maintain this web site as a service to our
customers. By using our site, you are agreeing to comply with and
be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should not
review information or obtain goods or products from this site.
1. Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms of Use Agreement (“Agreement”) with respect
to our site (the “Site”). This Agreement constitutes the
entire and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time without
specific notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related
to the Site are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section
4, is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting
of information or materials on the Site does not constitute a waiver
of any right in such information and materials.
3. Trademarks. Eagle Mountain House, Eagle Mountain Condominium Association
and others are either trademarks or registered trademarks of Eagle
Mountain condominium Association. Other product and company names mentioned
on the Site may be trademarks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading of any
content, graphic, form or document from the Site grants you only a
limited, nonexclusive license for use solely by you for your own personal
use and not for republication, distribution, assignment, sublicense,
sale, preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical, other
than for your personal use (but not for resale or redistribution) without
written permission granted by the General Manager of the Eagle Mountain
House or President of the Eagle Mountain House Condominium Association.
5. Editing, Deleting and Modification. We reserve the right in our
sole discretion to edit or delete any documents, information or other
content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold us and
our partners, attorneys, staff and affiliates (collectively, “Affiliated
Parties”) harmless from any liability, loss, claim and expense,
including reasonable attorney’s fees, related to your violation
of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable.
Any password or right given to you to obtain information or documents
is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE
ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE
OUR SITE.
OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL
TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9. Use of Information. We reserve the right, and you authorize us,
to the use and assignment of all information regarding Site uses by
you and all information provided by you in any manner consistent with
our Privacy Policy.
10. Third-Party Services. We allow access to or advertise third-party
merchant sites (“Merchants”) from which you may purchase
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of such Merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO
OUR SITE.
11. Third-Party Merchant Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to you while
on such sites. We are not responsible for information provided by you
to Merchants. We and the Merchants are independent contractors and
neither party has authority to make any representations or commitments
on behalf of the other.
12. Privacy Policy. Our Privacy Policy, as it may change from time
to time, is a part of this Agreement.
13. Payments. You represent and warrant that if you are purchasing
something from us or from Merchants that (i) any credit information
you supply is true and complete, (ii) charges incurred by you will
be honored by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including any applicable
taxes.
14. Links to other Web Sites. The Site contains links to other Web
sites. We are not responsible for the content, accuracy or opinions
express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us.
Inclusion of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide to leave
our Site and access these third-party sites, you do so at your own
risk.
15. Copyrights and Copyright Agents. We respect the intellectual property
of others, and we ask you to do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement,
please provide us the following information:
(a) An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing
is located on the Site;
(d) Your address, telephone number, and email address;
(e) 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;
and
(f) A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
16. Information and Press Releases. The Site contains information and
press releases about us. While this information was believed to be
accurate as of the date prepared, we disclaim any duty or obligation
to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
17. Miscellaneous. This Agreement shall be governed by and construed
in accordance with the laws of the State of New Hampshire (without
regard to conflict of law principles). Any cause of action by you with
respect to the Site (and/or any information, products or services related
thereto) must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 8 and Section 10. The
language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against either party. All legal proceedings
arising out of or in connection with this Agreement shall be brought
solely in Ossipee, NH. You expressly submit to the exclusive jurisdiction
of said courts and consents to extra-territorial service of process.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and
the remaining portions shall remain in full force and effect. To the
extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such
provision.
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