Peter Nash - Real Estate

Selling Luxury & Waterfront Properties on the Canadian West Coast Since 1972

Affilation VICTORIA, B.C. CANADA

Macdonald Realty Victoria

Call Peter: 250.384.0566

Terms of Agreement

PETER NASH – REAL ESTATE WEB SITE TERMS, CONDITIONS AND NOTICES AGREEMENT BETWEEN USER AND PETER NASH – REAL ESTATE

Peter Nash is licenced with Macdonald Realty, Victoria, BC

This Web site (which shall include all information, images, software, products and services available from the Web site or offered as part of or in conjunction with this Web site) is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Web site or participation in this Web site constitutes your agreement to all such terms, conditions and notices.

PERSONAL AND NONCOMMERCIAL USE LIMITATION

This Web site is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from or available as part of or in conjunction with this Web site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Web site, you warrant to Peter Nash – Real Estate. that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices.

USE OF BULLETIN BOARD, CHAT ROOMS AND OTHER COMMUNICATIONS FORUMS

If this Web site contains bulletin boards, chat rooms or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters.
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences and other communications by other users are not endorsed by Peter Nash – Real Estate, and such communications shall not be considered reviewed, screened or approved by Peter Nash – Real Estate. Peter Nash – Real Estate reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. Peter Nash – Real Estate reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

SOFTWARE AVAILABLE ON THIS WEB SITE

Any software that is made available to download from this Web site (“Software”) is the copyrighted work of Peter Nash – Real Estate and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, Peter Nash – Real Estate hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions, and for no other purpose.

Please note that all Software, including without limitation all HTML code, Scripts, Applets, Active X controls, images, animations, videos, sound files, and databases contained in this Web site, is owned by Peter Nash – Real Estate and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Canadian export restrictions.

LINKS TO THIRD PARTY SITES

This Web site may contain hyperlinks to Web sites operated by parties other than Peter Nash – Real Estate. Such hyperlinks are provided for your reference only. Peter Nash – Real Estate does not control such Web sites and is not responsible for their contents. Peter Nash – Real Estate’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

USE OF INFORMATION

Peter Nash – Real Estate and/or its affiliates may gather, process and use (and allow others to use) the information which you provide directly (e.g., name, physical address, e-mail address), as well as information regarding the manner in which you use this Web site. From time to time, Peter Nash – Real Estate may allow others to offer products and services to you. If you wish to discontinue receiving such offers, you may notify Peter Nash – Real Estate. by sending e-mail to realestate@peternash.com. In order to permit us to make this change, you must include your e-mail name and first and last name in the text of your message.

SERVICE CONTACT

Contact webmaster@peternash.com with questions or problems with this web site.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of this Web site are: Copyright © 1996-2009 Peter Nash – Real Estate

MODIFICATION OF THESE TERMS AND CONDITIONS

Peter Nash – Real Estate reserves the right to change the terms, conditions and notices under which this Web site is offered.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PETER NASH – REAL ESTATE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.

PETER NASH – REAL ESTATE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PETER NASH – REAL ESTATE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PETER NASH – REAL ESTATE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PETER NASH – REAL ESTATE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GENERAL

This agreement is governed by the laws of the Province of British Columbia, Canada. You hereby consent to the exclusive jurisdiction and venue of courts in Victoria, British Columbia, Canada in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Peter Nash – Real Estate as a result of this agreement or use of this Web site.

Peter Nash – Real Estate’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Peter Nash – Real Estate’s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Peter Nash – Real Estate with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the user and Peter Nash – Real Estate with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Peter Nash – Real Estate with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters and/or data that may be used herein are not intended to represent any real individual, company, product or event.

Buyers should note that information is submitted as descriptive as to type and quality of residence and property only. Figures relating to size and quantum must be taken as approximate.

Any rights not expressly granted herein are reserved.