Please read this agreement before using Foster-Healey Real Estate, Inc.'s Web site.By viewing Foster-Healey Real Estate, Inc.'s Web site you agree to the provisions of this agreement. Your use of Foster-Healey Real Estate, Inc.'s Web site constitutes your agreement to all such terms, conditions, and notices.
The information provided on Foster-Healey Real Estate, Inc.'s Web site is intended to be used for informational purposes only. The validity and accuracy of the information presented on Foster-Healey Real Estate, Inc.'s Web site is not the responsibility of Foster-Healey Real Estate, Inc. or its contractors. Your use of this Web site is subject to the additional disclaimers and caveats that may appear throughout this Web site. Foster-Healey Real Estate, Inc. and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Web site. While Foster-Healey Real Estate, Inc. strives to keep the information on this site accurate, complete, and up-to-date, Foster-Healey Real Estate, Inc. and its contractors cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. The viewer is hereby notified that the information published on this Web site may contain inaccuracies and typographical errors and is the responsibility of the viewer to verify all information.
The information contained on this Web site is for the viewer's personal and non-commercial use. The viewer may not modify any information obtained from this Web site.
The viewer agrees not to use Foster-Healey Real Estate, Inc.'s Web site for any unlawful use. In addition the viewer agrees not to use this Web site for any purpose that is prohibited by these terms, conditions, and notices. If the viewer violates any of these terms, the viewer's permission to use this Web site is automatically revoked.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FHRE, ITS DIRECTORS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. FHRE SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES; DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT FHRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
The viewer agrees to indemnify, defend and hold harmless Foster-Healey Real Estate, Inc., its partners and contractors from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this agreement.
Modifications To Web site.
Foster-Healey Real Estate, Inc. and its partners and contractors may make modifications, deletions, and additions to the information on Foster-Healey Real Estate, Inc.'s Web site at any time without notice. Foster-Healey Real Estate, Inc. also reserves the right to change this agreement at any point in time it deems necessary, and such changes shall be effective immediately upon posting to Foster-Healey Real Estate's Web site. Consequently the viewer agrees to review this agreement periodically and the viewer's continued use of this Web site shall be deemed the viewer's acceptance of the modified agreement.
Site Provided "As-Is"
FHRE hopes your visit to the Site is informative and entertaining; however, there are certain things that FHRE cannot guarantee. THIS SITE IS PROVIDED BY FHRE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. FHRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF FOSTER-HEALEY.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
You may have the opportunity to provide your email address to FHRE, for example, by registering to create a new home search. If you share your e-mail address with FHRE through the Site, FHRE or its agents will send e-mails to you about a variety of subjects, such as property listings or updates to the SITE. By providing your e-mail address to FHRE, you consent to receiving these e-mails from FHRE. You will have the option of unsubscribing from FHRE's e-mail list(s) through a link included in FHRE's e-mails.
If any provision of the Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The failure of Foster-Healey Real Estate, Inc. to enforce any provision of this Agreement shall not be construed as a waiver or limitation of Foster-Healey Real Estate, Inc.'s right to subsequently enforce and compel strict compliance with every provision of this Agreement. The laws of the Commonwealth of Massachusetts shall govern this Agreement.
REALTOR® is a registered collective trademark that identifies a real estate professional who is a member of the National Association of REALTORS® and subscribes to its strict Code of Ethics. Each local board of REALTORS® is responsible for enforcing the Code of Ethics. Inquiries regarding the Code of Ethics should be directed to the board in which a REALTOR® holds membership.
Links To Third Party Sites.
There are linked Web sites throughout Foster-Healey Real Estate's Web site that let the viewer leave Foster-Healey Real Estate's Web site. These links are provided for the viewers convenience and these linked Web sites are not under the control of Foster-Healey Real Estate, Inc. and Foster-Healey Real Estate, Inc. is not responsible for any content, links, and/or updates on any linked Web sites or any links to another Web site contained in a linked site.
The viewer's trust that Foster-Healey Real Estate, Inc. will keep any information about the viewer private is a concern to us at Foster-Healey Real Estate, Inc. Any information collected about the viewer by Foster-Healey Real Estate, Inc. will be used only by Foster-Healey Real Estate, Inc. or one of it's agents. Foster-Healey Real Estate, Inc. does not collect any information about the viewer unless the viewer explicitly enters information into one of the three online forms and explicitly sends it to Foster-Healey Real Estate, Inc. via the SUBMIT, SEND FORM, SEARCH, or SEND button. All information is sent via email directly to Foster-Healey Real Estate, Inc. and then distributed to the appropriate representative within Foster-Healey Real Estate, Inc.. Email links on the Contact Us page and the Offices page are sent directly to Foster-Healey Real Estate, Inc. and then distributed to the appropriate representative within Foster-Healey Real Estate, Inc.. Agent email links are sent directly to the agent and Foster-Healey Real Estate, Inc. bears no responsibility for any information communicated in this fashion. Information collected on our Find A Home page is sent via email directly to Foster-Healey Real Estate, Inc. and then distributed to the appropriate representative within Foster-Healey Real Estate, Inc.. This information is also stored in a cookie on the viewers computer to help customize the site for the viewer.
You may stop using the Site at any time. FHRE may suspend or terminate the Site at any time at FHRE's discretion and without notice. FHRE may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, FHRE may terminate your access to this Site if you are not complying with these Terms or if FHRE determines that you are a repeat infringer of third-party intellectual property rights.
Digital Millennium Copyright Act ("DMCA")
FHRE respects the intellectual property rights of others and expects you to do the same. Per the DMCA, FHRE will respond expeditiously to claims of copyright infringement on the Site if submitted to FHRE's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, FHRE will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by FHRE or by a third party who has uploaded materials to the Site, please provide the following information to FHRE's designated Copyright Agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where FHRE can contact you and, if different, an e-mail address where the alleged infringing party, if not FHRE, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
f. Your electronic or physical signature.
FHRE may request additional information before removing any allegedly infringing material. In the event FHRE removes the allegedly infringing materials, FHRE will immediately notify the person responsible for posting such materials that FHRE removed or disabled access to the materials. FHRE may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
FHRE reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact FHRE's Copyright Agent. Please include sufficient information to assist FHRE in determining that the user repeatedly engaged in infringing activity.
FHRE registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). FHRE's designated Copyright Agent is:
Richard Healey, President
Foster-Healey Real Estate, Inc.
50 Central Street
Leominster, MA 01453
These Terms constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. These Terms create no third party beneficiary rights.