TERMS
AND CONDITIONS OF USE FOR CottagesAtBirchwood.com
The use of the CottagesAtBirchwood.com, and any future web
sites) are subject to agreement of the following "terms and
conditions of use". By using this site you are expressly
agreeing to these terms and conditions. If you do not agree with
these terms you agree not to utilize information on
CottagesAtBirchwood.com or enter any information on
CottagesAtBirchwood.com.
SUPPLYING
INFORMATION TO CottagesAtBirchwood.com:
It is agreed and understood that prior to entering any
information on CottagesAtBirchwood.com you represent and
warranty that you are duly authorized and empowered to enter
such information. You represent and certify that the information
entered is accurate and correct to the best of your knowledge
and that the information entered is for a lawful purpose. You
agree to act in a professional and ethical manor consistent with
the practices of real estate. You will hold
CottagesAtBirchwood.com, its owner, partners, associates, heirs
and assigns (hereinafter referred to as "CottagesAtBirchwood.com")
harmless for any and all events of use of
CottagesAtBirchwood.com. You agree to indemnify and hold
harmless CottagesAtBirchwood.com from any claim or demand,
including reasonable attorney's fees, made by any third party
due to or arising out of your use of CottagesAtBirchwood.com or
breach of this agreement or the documents it incorporates by
reference or your violation of any law or the right of a third
party. You further agree to indemnify and hold harmless
CottagesAtBirchwood.com from any claim or demand, including
reasonable attorney's fees arising out of the use of
CottagesAtBirchwood.com and or this information by any third
parties. You understand that by placing information on
CottagesAtBirchwood.com, it will become public and
CottagesAtBirchwood.com may remove any information that is
entered on this site that is reported to be incorrect or entered
in breach of this agreement at its sole discretion. Use of this
site expressly does not constitute or create any agency
relationship.
UTILIZING
INFORMATION ON CottagesAtBirchwood.com:
It is agreed and understood that CottagesAtBirchwood.com can not
and will not verify information entered on
CottagesAtBirchwood.com by a third party.
CottagesAtBirchwood.com makes no representations or warranties
of any kind as follows, but not limited to the following. No
representations or warranties are made as to the accuracy,
correctness, availability, authorization of the listing party to
offer the property or supply the information presented. All
information is subject to errors, omission, change, prior sale
or rental or withdrawal all without notice. You agree that
CottagesAtBirchwood.com can not be held liable for any damages,
what so ever as may arise from the use of
CottagesAtBirchwood.com. You further agree that any information
provided by CottagesAtBirchwood.com is for illustrative purposes
only and you will make your own investigation of all information
presented without liability or expense of
CottagesAtBirchwood.com its owner, partners and associates. You
further agree to act in a professional and ethical manor
consistent with the practices of real estate in utilizing
CottagesAtBirchwood.com and information supplied and use this
information only for lawful purposes and agree only to use this
information for the purposes intended by the listing party. You
will not copy, reproduce or distribute in any way this
information without the consent of the listing party. You agree
to indemnify and hold harmless CottagesAtBirchwood.com from any
claim or demand, including reasonable attorney's fees, made by
any third party due to or arising out of your use of
CottagesAtBirchwood.com or your breach of this agreement or the
documents it incorporates by reference or your violation of any
law or the right of a third party. Use of this site expressly
does not constitute or create any agency relationship.
NO
REPRESENTATIONS OR WARRANTIES:
CottagesAtBirchwood.com and services provided is offered "AS IS"
and without warranty or conditions, express or implied or
statutory. CottagesAtBirchwood.com expressly disclaim any
implied warranties of title, merchantability, fitness for any
particular purpose and non-infringement.
LIABILITY
LIMIT:
In no event shall CottagesAtBirchwood.com be liable for lost
profits, special, incidental or consequential damages from use
of CottagesAtBirchwood.com or services including negligence.
ARBITRATION:
Any claim or controversy relating to the use of
CottagesAtBirchwood.com or services shall be settled by binding
arbitration in Chestertown, New York on an individual basis and
not combined or in conjunction with any claim by any other
party.
GENERAL:
This agreement shall be governed in all respects by the laws of
the State of New York. Birchwood Cottages does not guarantee
continuous and uninterrupted service or secure access to
CottagesAtBirchwood.com or its services, or branch office
locations. Also, it is understood that any branch office
location of Birchwood Cottages shall be governed by the same
terms and conditions as stated herein. 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 only and in no way define this
agreement. Our failure to act on a breach by you or any third
party does not waive our right to act in accordance with this
agreement. CottagesAtBirchwood.com may deny use to any third
party in its sole discretion. It is agreed that
CottagesAtBirchwood.com will have the right to use information
supplied to CottagesAtBirchwood.com for any purpose, including
without limitation publication of all or part of any information
for public display. CottagesAtBirchwood.com shall have no
obligation and will not resolve disputes among third parties.
NOTICE:
All notices shall be made in writing to Birchwood Cottages, 7157
State Route 9, Chestertown, NY 12817
