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Terms of Use and Conditions
Welcome to the Westgate Properties Website ("Site"). By using or accessing this Site, users ("User" or "Users") agree to be legally bound and abide by the terms of this Agreement set forth below.
Westgate may refuse its services to anyone at any time, at its sole discretion.
Westgate offers its services in the respective jurisdictions where it is qualified to do so. The information at this Site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. Unless you register to process payments, this Site is for informational purposes only. Not all products or services described here are available everywhere. Nothing here is an offer to sell or solicitation of an offer to buy any product or service in any jurisdiction where such offer or sale is contrary to local law or regulation. Persons accessing these pages should inform themselves about and observe any such laws or regulations and consult a professional adviser if in doubt as to the meaning of any part of the content of this Site. User agrees to access and use the Site subject to and in accordance with all applicable federal, state, and local laws, regulations, and treaties.
2. Trademarks: Nothing contained on the Web Site or elsewhere should be construed as granting, expressly, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark without the express written permission of the owner of such marks. Westgate will aggressively enforce its intellectual property rights to the fullest extent of the law. Westgate's marks may not be used in connection with any product or service that is not Westgate's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Westgate. Trademarks, company names and logos appearing on this Site that are not the property of Westgate are the property of their respective owners.
3. Proprietary Rights: User acknowledges that the Westgate Site is the copyrighted property of Westgate, and User further acknowledges that the Site may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, files, and other material (collectively "Content") that are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Westgate owns all copyrights in the selection, coordination, arrangement, and enhancement of such Content and in databases pursuant to applicable laws and treaties. Except as permitted elsewhere in this Agreement or by the fair use privilege under applicable copyright laws or treaties, if any, User may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement applicable to such software. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
4. Disclaimers and Limitation of Liability: The Westgate Site is provided for the convenience of its Users on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, security or accuracy. Neither Westgate, nor its affiliates, directors, officers, employees or other representatives, warrant that the Westgate Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Westgate Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Westgate Site. No oral advice or written information given by Westgate or its affiliates, directors, officers, employees, or other representatives, shall create a warranty; nor shall User rely on any such information or advice. Neither Westgate nor any other party involved in creating, producing, or distributing the Westgate Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Westgate Site, including but not limited to reliance by a User on any information obtained from the Westgate Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Westgate's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Westgate Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
5. Westgate's Rights: Westgate may elect to electronically monitor the User submit areas and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Westgate Site; or (iii) to protect the rights or property of individual Users, Westgate or its affiliates, directors, officers, employees, or other representatives. Westgate is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, Westgate may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Westgate Site. Westgate reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Westgate, or its affiliates, directors, officers, employees, or other representatives, persons in the jurisdictions that may access the Westgate Site, or any rights of Westgate or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Westgate, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Westgate, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Westgate Site.
6. Confidentiality of User Communications: Westgate reserves the right to cooperate fully with state, local, federal and international officials in any investigation relating to any Content (including personal or private electronic communication transmitted on the Westgate Site) or purported unlawful activities of any User.
7: Transmission of Personal Data: User acknowledges and agrees that by providing Westgate with any personal or proprietary User information through the Site, including proprietary credit card/customer account data, User consents to the transmission of such personal or proprietary User information necessary for processing in accordance with Westgate's business practices.
8. Use of Links: Should the User leave this Site via a link contained herein, and view content that is not provided by Westgate, the User does so at his or her own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Westgate. Westgate is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such Site, whether actual, alleged, consequential or punitive. Westgate makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. Furthermore, if you choose to take advantage of an offer from a company other than Westgate and you become their customer by contacting that company's website, your actions on that site and the treatment of your information will be subject to the terms and conditions and privacy policy applicable to that site.
9. Termination of Usage: Westgate may terminate User access, or suspend any User's access to all or part of the Westgate Site, without notice, for any conduct that Westgate, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, Westgate, or its affiliates, directors, officers, employees or other representatives.
10. Termination Policy for Violation of Copyright: Users of this Site are responsible for compliance with all copyright laws pertaining to the information that they place on the Internet using Westgate's facilities. Use of Westgate's online services will be terminated for anyone who violates the copyright provisions of the United Sates Code on the second notice of violation by Westgate. Information about the Copyright Act and copyright law can be found at http://lcweb.loc.gov/copyright. Westgate will respond to complaints of copyright infringement as provided for in the Digital Millennium Copyright Act ("DMCA"). In accordance with the DCMA, Westgate has designated the following individual (the "Designated Agent") to receive notification of possible violations of copyrights:
Administrator
Westgate Properties
1020 Southern Artery
Quincy, MA 02169
Tel: 617 479-3555
Fax: 617 773-3041
E-mail: [email protected]
Westgate will expeditiously remove and/or block access to material posted by a User upon notice of infringement of copyright provided to the Designated Agent by the copyright owner. The individual responsible for posting material suspected of copyright infringement will be promptly notified by the Designated Agent and will be provided with the following information:
- Name and address of the complaining party
- Sufficient information to identify the copyrighted work or works; and
- A statement from the copyright owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
If the individual receiving notice of improper use believes that the material in question is being used lawfully, a "Counter Notice" should be provided to the Designated Agent, and Westgate will restore access within 14 days of the Counter Notice, unless the matter has been referred to a court. The Counter Notice must contain the following:
- The individual's name, address, phone number and signature;
- Identification of the material and its location before removal;
- A statement, under penalty of perjury, that the material was removed by mistake or misidentification on the part of the complainant; and
- Consent to local Federal court jurisdiction.
Under the DMCA, Westgate may be obligated to provide names of individuals using its online services upon the order of a federal court. Westgate will safeguard the privacy of a User's identity on the Internet to the full extent of the law. Questions about compliance with the DMCA at Westgate may be addressed to the Designated Agent listed above.
11. Miscellaneous: This Agreement shall be governed in all respects by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or other Users does not waive our right to act with respect to subsequent or similar breaches.
12. No Agency: Users and Westgate are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
13. Arbitration: Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Norfolk County, Massachusetts and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Westgate may seek any interim or preliminary relief from a court of competent jurisdiction in Norfolk County, Massachusetts necessary to protect the rights or property of you or Westgate pending the completion of the arbitration.
14. Changes to Agreement: Westgate may amend this Agreement or any other notices, terms, policies, and conditions on this Site at any time by updating this posting. Accordingly, you should visit this Site from time to time to review the then-current and effective terms and conditions because all Users are bound by them. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages of this Site. No delay or failure to take action under such terms and conditions will constitute a waiver by Westgate, unless expressly waived in writing by a duly authorized office of Westgate.
15. Acknowledgment: This Agreement represents the entire understanding between you and Westgate regarding your relationship with Westgate with regard to your use of this site and supersedes any prior statements or representations.