Terms and Conditions of Use of EVANS REAL ESTATE websites
Acceptance of Terms
This agreement (the "Agreement") governs the relationship between you and Evans Relocations Inc. (the “Company”). By using or accessing its website (the “Website”) or by otherwise transacting business with the Company, you agree to be bound by, and become a party to, all the terms and conditions set forth herein. The Company may update the terms of this Agreement from time to time without notice to you.
Third-Party Service Providers
This Website provides you with information and links to websites of third party service providers, to enable you to compare between the various service providers and locate the best service provider for your specific needs. Once you have located the service provider for your specific needs, you need to enter into a separate agreement with such provider. The services are not rendered by the Company, and the Company does not act as an agent of the third-party service providers. The Company disclaims any responsibility for, or liability related to, such services (see, also, the Disclaimer below). Any question, complaint or claim should be directed to the appropriate service provider.
THE SERVICES PROVIDED HEREIN ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. THE COMPANY DOES NOT PROMISE OR WARRANT THAT ANY ASPECT OF THE SITE OR SYSTEM WILL WORK PROPERLY OR WILL BE CONTINUOUSLY AVAILABLE. THIS WEBSITE CONTAINS LINKS TO THIRD-PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR: (I) THE AVAILABILITY OR ACCURACY OF SUCH WEBSITES OR RESOURCES; OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT OF SUCH WEBSITES OR RESOURCES OR THE CONTENT, PRODUCTS, OR SERVICES AVAILABLE FROM SUCH WEBSITES OR RESOURCES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.
Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND/OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF PROFITS; LOSS OF USE; COMPUTER CODE OR VIRUS; HARDWARE, SOFTWARE AND/OR DATA FAILURE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE INFORMATION OR SERVICES PROVIDED AT THIS WEB SITE) ON ANY WEB SITE RELATED TO ANY THIRD PARTY, OR USERS' INABILITY TO USE THE INFORMATION OR MATERIALS CONTAINED IN THE WEB SITE OR ANY OTHER WEB SITE.
Limitation May Not Apply to all Jurisdictions
Some jurisdictions do not allow the limitation or exclusion of implied warranties or how long an implied warranty may last, so the above limitation may not apply to you. In addition, some jurisdictions do not allow the limitation of certain damages, so this limitation may not apply to you.
Use of Content
You may download, view, or print any content from this Website, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the content appearing on this Website are and will remain the exclusive property of the Company and its licensors. You may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use any content appearing on this Website. You may not copy or modify the HTML code used to generate web pages on this Website.
By contributing or submitting any content to this Website, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or that may become known in the future.
By choosing to use this Website, you agree to indemnify the Company, its officers, agents, partners, and employees from any and all claims or damages (including reasonable attorneys’ fees) made by third parties due to, or arising out of, content you submit, post, or transmit through this Website; your use of, or connection to, the Company and/or its services; your violation of this Agreement; or your violation of any rights of another.
The content available on this Website, including without limitation site design, text, graphics, interfaces, and the selection of arrangements thereof, is owned exclusively by the Company with all rights reserved and protected by copyright, or is the property of third parties protected by intellectual property rights.
Disputes with Third Parties
If you have a dispute with one or more of our users or with a third party service provider, you release the Company and its officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In the event a dispute arises, you shall indemnify and hold harmless the Company and its officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims or damages (including reasonable attorneys’ fees) made by the aforementioned third parties.
The Company view protection of users’ privacy as a very important principle. You are encouraged to review this Website’s Privacy Statement. The Company stores and processes the information received on this Website on computers that are protected by physical as well as technological security devices. You can access and modify the information you provide the Company and choose not to receive certain communications by following the procedures in the Privacy Statement. The Company may use third parties to verify and certify our privacy principles.
This Agreement constitutes the entire agreement between you and the Company, and governs your use of this Website, superseding all prior agreements between you and the Company (if any) with respect to use of this Website.
Choice of Law and Forum
This Agreement shall be governed by the laws of the State of New York, without regard to its conflict of law principles. The parties herein agree that any claim in connection with this Agreement shall be filed in the courts located within the county of New York in the State of New York. The parties hereby submit to the personal and exclusive jurisdiction of such courts.
Waiver and Severability of Terms
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement shall remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the use of this Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.