HiltonHeadMLS.com Public Site

 TERMS OF USE

Effective Date: June 15, 2019

 

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR ACCESS AND USE OF THIS WEBSITE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST IMMEDIATELY LOG OFF OF THE WEBSITE. YOUR FURTHER USE OF THE WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS AND THE PRIVACY POLICY.

 

THIS TERMS OF USE CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS CAREFULLY.

This Terms of Use Agreement (“Terms” or “TOU”) shall constitute a binding agreement between you (“User” or “you”) and the Multiple Listing Service of Hilton Head Island, Inc. (“HHIMLS”, “we”, or “us”). This TOU governs your use of the HHIMLS website, located at www.HiltonHeadMLS.com, including without limitation all webpages provided thereon and all content contained therein (the “Site”) and any and all services provided via the Site (the “Services”).

1.  Scope of These Terms of Use.

These Terms of Use apply to your use of the Public side of the Site. These Terms of Use do not apply to your use of unaffiliated websites of any other companies, organizations or individuals or to which this Site links (“Third-Party Sites”).

2.  Acceptance of These Terms of Use.

By using this Site, you agree to be bound by and accept these Terms of Use.  HHIMLS, its subsidiaries, members, agents, business affiliates and suppliers make the information and Services provided on this Site available to you, conditioned on your acceptance without modification of these Terms, conditions, and notices.  You represent and warrant to HHIMLS that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and/or your organization.

3.  Disclaimer Regarding Links.

This Site may link to, or be linked from, Third-Party Sites. HHIMLS does not review, regulate, or control the content of any Third-Party Sites and is not liable for the accuracy or availability of any Third-Party Sites to which this Site links.  We do not take responsibility for the contents, advertising, products, privacy policies or other material made available through any Third-Party Site, nor do we endorse or guarantee Third-Party Sites.  You access and use Third-Party Sites at your own risk. Please direct your concerns to that Third-Party Site’s webmaster or appropriate contact.

If you purchase a product or service from any Third-Party Site, the terms of such purchase are between you and the provider of the Third-Party Site. HHIMLS does not represent or warrant any third-party products, services, or promotions available through Third-Party Sites and HHIMLS specifically disclaims all liability for any losses or damages stemming from any purchase or promotion offered by a Third-Party Site.

4.  Intellectual Property Rights Ownership and Notification.

Unless otherwise noted, all right, title and interest in all information including, but not limited to, screens, texts, web pages, information, products, services, software, photographs, audio, video, or other materials (collectively, the “Content”) appearing in and on this Site are the exclusive property of HHIMLS and its licensors.  All Content contained on or used in this Site is copyrighted, all rights reserved, and the ownership of the copyrights herein shall at all times remain vested in HHIMLS, unless otherwise noted.  HHIMLS shall have the right to license any Content, subject to its Privacy Policy, contained in, or collected on, this Site to any entity pursuant to terms agreed upon by HHIMLS.  All Content on this Site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and other intellectual property rights which are owned and controlled by HHIMLS or its licensors.  Content on this Site is provided solely for your personal, non-commercial use.  You acknowledge you only receive a license to use the Site, Content, and Services and do not acquire any interest therein. You agree not to claim any right or interest in the Site, Content, and/or Services, or dispute any of HHIMLS’s rights or interests therein.

You are prohibited from removing, modifying, or obscuring any copyright or other proprietary rights notices and usage restrictions on the Site, Content, or Services, or on any copies or versions thereof.

The HHIMLS name, logo, product, and/or service names, brand, and other marks are the trademarks of HHIMLS (collectively, the “Trademarks”). You may not use the Trademarks for any purpose, including without limitation to suggest HHIMLS endorses or supports you, your business, or your products/services without the express written permission of HHIMLS.

5. License; Use Restrictions.

OKCMAR hereby grants to you a limited, royalty-free, non-transferable, nonexclusive revocable license to access and use the Site, the Services, and the Content solely for your own personal use.

You are prohibited from:

·         modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, or creating derivative works from, any Content;
·         selling, renting, leasing, sublicensing, transferring, or commercially exploiting the Site, Content, and/or Services;
·         deconstructing, disassembling, or reverse engineering any software used in the Site or Services;
·         scraping Content or uploading or distributing via the Site or Services any viruses, Trojan horses, worms, bots, spiders, scrapers or any other malicious software, program, script, algorithm, methodology, or similar process;
·         using the Website or Services to send unsolicited bulk or commercial email (“spam”), junk mail, or other unwanted, harassing, or solicitous communications;
·         sending, publishing, displaying, or using any Content or other material made available through the Site, Content, and/or Services in any manner that may infringe the proprietary or other rights of HHIMLS or any third-party;
·         using the Site, Content, and/or Services to advertise to buy or sell any good or service;
·         using the Site, Content, and/or Services for any unlawful, obscene, defamatory, threatening, harassing, abusive, or otherwise objectionable purpose, as determined in HHIMLS’s sole discretion; or
·         using the Site, Content and/or Services to create a substantially similar product or service competitive with the Site or Services.

You agree not to use this Site for any unlawful purpose or any use prohibited pursuant to these Terms of Use.  Your violation of any of these prohibitions shall be considered theft and automatically terminates your right to use this Site. We reserve the right to pursue our legal remedies for any violation.

6.  Third Party Applications.

This Site may employ the use of third party applications, such as Microsoft Virtual Earth.  Your use of these third party applications is subject to their respective Terms of Use and other policies.

7.  Liability Disclaimer.

You use this Site, the Services, and Content at your own risk.   UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, MEMBERS, AFFILIATES, SUBSCRIBERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR CIRCUMSTANTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. HHIMLS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES THAT RESULT FROM RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION OR CONTENT, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU FURTHER AGREE THAT IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN HHIMLS’S MAXIMUM AGGREGATE, CUMULATIVE LIABILITY TO YOU IS THE AMOUNT PAID BY YOU TO HHIMLS FOR USE OF THIS SITE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDNG THE EVENT GIVING RISE TO THE CLAIM.

8.  Warranty Disclaimer.

You expressly understand and agree that the Site, Content and Services are provided on an “as is” “as available” basis.  HHIMLS does not warrant that this Site will be uninterrupted, secure, or error-free, and HHIMLS makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information or Content available through the Site.  You acknowledge that, due to the nature of the internet, transmissions to and from the Site may be intercepted by third parties. HHIMLS expressly disclaims any and all warranties of any kind, express or implied, with respect to the Site, Content and Services, including but not limited to any implied warranties of expectation of privacy, title, noninfringement, merchantability or fitness for a particular purpose.  HHIMLS makes no representation or warranty that the Site, Content, or Services are appropriate or available for use in your state or jurisdiction. This Site, the Content, and Services are always subject to change, in HHIMLS’s sole discretion.

9. Indemnification.

You agree to indemnify, defend, and hold harmless HHIMLS, its officers, directors, employees, members, consultants, agents, affiliates, licensors, and suppliers from any and all claims, liability, damages, expenses and/or costs (including, but not limited to, attorneys’ fees) arising from: (a) your use of or reliance on the Site, Content, and/or Services, or any derivatives thereof; (b) your breach of these Terms of Use; or (c) your violation or non-compliance with any law or regulation. HHIMLS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of HHIMLS.

10.  Changes to the Site.

HHIMLS may alter, remove, add, or make changes or improvements to the Content, Services, products, or other materials on this Site at any time without notice.

This TOU be modified with or without notice by HHIMLS at any time by posting the new TOU here with the new effective date above. It is your responsibility to regularly review this TOU for any modifications. Your access to or use of the Site and/or Services after any modification to this TOU shall constitute your acceptance and agreement with such modification. If you do not agree with such modification, you must immediately stop using the Site and Services.

11.  Privacy Policy.

We are committed to protecting your privacy and security and have explained in detail what we do in our Privacy Policy.  In addition to this TOU, your use of the Site and Services are governed by the Privacy Policy. Please read it.

12. Digital Millennium Copyright Act (DMCA).

Pursuant to the Digital Millennium Copyright Act (DMCA) Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to HHIMLS in accordance with HHIMLS’s DMCA Statement. You can access our DMCA Statement by clicking here.

13.  Governing Law.

This TOU shall be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule.

14.  Jurisdictional Issues.

We operate and control our Site from our offices in South Carolina in the United States of America.  Persons who access this 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.

15.  Arbitration; Class Action Waiver.

YOU AGREE TO USE THE ALTERNATIVE DISPUTE RESOLUTION PROCEDURE SET FORTH in this tou AS THE SOLE MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS in this tou. THIS SECTION AFFECTS YOUR LEGAL RIGHTS. YOU SHOULD READ IT CAREFULLY.

You agree that all disputes between you and HHIMLS arising out of or relating to this TOU, your use of the Site or Services, or your rights of privacy will be resolved by binding arbitration conducted by the American Arbitration Association in conjunction with its Consumer Arbitration Rules. You hereby expressly waive your right to file a lawsuit or have a trial by jury. Arbitration shall be conducted in Beaufort County, South Carolina by a single arbitrator. Costs of arbitration shall be shared equally between you and HHIMLS, except each party shall be responsible for its own attorney’s fees, unless the arbitrator decides otherwise. Any cause of action you may have under this TOU must be commenced within one (1) year after the claim or cause of action arises.

By accessing and using the Site and/or Services, you agree any claims you bring against HHIMLS will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate.

Nothing in this section shall limit HHIMLS’s right to seek injunctive relief.

16.  Termination.

You may discontinue use of the Site at any time. HHIMLS may issue a warning, immediately limit, suspend, disable, discontinue, or terminate your access to the Site and/or Services at any time without notice or liability to you. If HHIMLS terminates your access, you will no longer be authorized to access the Site, Content, and/or Services.

17.  Notices.

Any notices shall be sent by certified mail or other reliable service to HHIMLS at:

Multiple Listing Service of Hilton Head Island, Inc.
P.O. Box 5134
Hilton Head Island, SC 29938

or to you at the e-mail address or physical address you provided to HHIMLS during your use of the Site and/or Services, or such other address as either party may specify in writing. Notice shall be effective three (3) days after it is submitted to the postal or courier service for delivery or one (1) day after the e-mail is sent.

18.       No Professional Advice.

You acknowledge and understand the Site and Services are provided for information purposes only and do not constitute legal, accounting, employment, real estate, or other professional advice. You should engage the services of qualified professionals prior to making any decisions based on the Site and/or Services.

19.  Electronic Signature.

You acknowledge and understand that the affirmative act of using the Site or Services or clicking to accept this TOU constitutes your electronic signature to this TOU. You acknowledge other legal documents available through the Site and/or Services may be executed electronically and you consent to providing said electronic signature and agree to be bound by the terms and conditions of such documents. 

20.  Miscellaneous.

This TOU may not be assigned by you. HHIMLS may assign this TOU to a third-party without notice to you pursuant to a merger or sale of its assets.

If any of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from this TOU and will not affect the validity or enforceability of the remaining provisions.

Nothing in this TOU creates or should be construed as creating a partnership, joint venture, employment, third-party beneficiary, or agency relationship between you and HHIMLS.

This is the entire Agreement between you and us governing your access to, dealings with, and use of this Site.

Any failure by HHIMLS to assert any rights it may have under this TOU does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.

21.  Contact Us.

Any inquiries regarding these Terms of Use should be directed to: 

 

Multiple Listing Service of Hilton Head Island, Inc.
P.O. Box 5134
Hilton Head Island, SC 29938
privacy@hiltonheadmls.com.