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Welcome to SouthField.com. This website is owned and operated by LNR South Shore, LLC, 1900 Crown Colony Drive, Quincy, Massachusetts, USA ("SouthField"). This website and its contents are designed to comply with U.S. laws and regulations. This is a binding agreement (“Agreement”) between SouthField and you (“You” or Your”). This Agreement governs Your use of this website (www.SouthField.com) (the “Site”), including, without limitation, all content such as text, information, images, trademarks, SouthField™ and related logos, software and other information, services and materials (collectively, the “Materials”) and all information made available to You or by You through this Site by SouthField and/or third parties. OWNERSHIP OF MATERIALS: All Materials on this Site are provided by SouthField unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of SouthField. SouthField retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without SouthField’s prior written permission. SouthField and its related logos are trademarks and the property of SouthField. All other names and trademarks are the property of their respective holders. USE LICENSE: Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws. Any use of this Site shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Materials; (c) remove any patent, copyright, trademark or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity. You agree to prevent any unauthorized copying of the Materials or information. TERMINATION OF THIS USE LICENSE: SouthField may terminate this use license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy any Materials in your possession, if any, and cease use of the Site. MODIFICATION TO TERMS: SOUTHFIELD RESERVES THE RIGHT, AT ANY TIME, TO AMEND TERMS PROVIDED BY THIS SITE, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU. SECURITY: Certain features on this Site may require an e-mail address and password to access and use the Materials on the Site. Certain other Materials on the Site may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)") assigned to you (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing SouthField in writing of any need to deactivate an ID due to security concerns. SouthField is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify SouthField of any unauthorized use of Your ID. SouthField may store Your collected information through server log or related files to create user profiles by way of a user profile that stores information about an individual user that details Your viewing preferences. SouthField may use such information for newsletters, mailings, personalized services, customized advertising or other services for which You have expressed interest. SouthField may, from time-to-time, voluntarily request from You additional information via surveys, contests, or polls. Such requested information may include general contact information that may be used and shared with such contest or survey sponsors to notify the winners and award prizes. Except as otherwise stated in this Agreement, personally identifiable information You provide will not be shared with third parties without Your prior authorization. REPRESENTATION: As a user of this Site, You are liable for the accuracy of the information that You provide to us, including, but not limited to, Your personal and professional representation as provided in Section 4. LEGAL COMPLIANCE: The Materials provided through the Site may enable You to transmit, store, review or receive confidential information. State and Federal laws may impose obligations with respect to confidentiality that may limit the ability to make use of certain Materials or to transmit certain information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the information You transmit, store, or receive in connection with the Site and the Materials. You agree that SouthField, SouthField’s licensors and licensees, and all other persons or entities involved in the operation of the Materials provided through the Site, have the right to monitor, retrieve, store, review and use information, if applicable, in connection with the operation or use such Materials, and are acting on Your behalf in transmitting information. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE AND THE MATERIALS ON THE SITE. GENERAL DISCLAIMERS: THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL SOUTHFIELD, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT, MATERIALS; OR (3) STATEMENTS, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY SOUTHFIELD OR SOUTHFIELD’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER SOUTHFIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOUTHFIELD ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. SouthField and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. SouthField may make changes to these Materials, or to the services and/or products described therein, at any time without notice. SouthField makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location. INDEMNITY: You agree to defend, indemnify and hold SouthField, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including SouthField’s reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, the Materials, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID. USER SUBMISSIONS: Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or provide to this Site will be considered non-confidential and non-proprietary (“Communications”). SouthField will have no obligations with respect to the Communications. SouthField and its designees will be free to copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. SouthField shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. You are prohibited from providing or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. SouthField hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by SouthField in its sole discretion and without further notice. COOPERATION WITH GOVERNMENT AUTHORITIES: If necessary and in accordance with applicable law, SouthField will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, members, SouthField, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of this Site. LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of SouthField and SouthField is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. SouthField reserves the right to terminate any link or linking program at any time. SouthField has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and SouthField shall not be responsible for notification of any change in name or location of any information of the Site. SouthField reserves the right to request any website administrator to disable or remove any link that violates any rights of SouthField or causes interruption or deterioration of Materials provided by SouthField. Failure to abide by this request shall be dealt with as any other unauthorized use or access to SouthField resources. APPLICABLE LAWS: This Site is controlled by SouthField from its offices within the Commonwealth of Massachusetts. SouthField makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts. DISPUTE RESOLUTION: Any dispute between SouthField and You arising out of this Agreement shall be resolved first by direct communication with one or more of SouthField's management team members. Should SouthField and You be unable to resolve the dispute by communication and both You and SouthField jointly agree to do so, SouthField or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of SouthField's headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify nonbreaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded. ENTIRE AGREEMENT: This Agreement, including the Privacy Policy, which is incorporated herein by this reference, contains the entire agreement between You and SouthField relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by You relating to the subject matter hereof, or (2) statements of any of SouthField's employees. SouthField reserves the right to make changes to this Agreement at any time without advance notice. SouthField agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable. TERMINATION: Your right to access and use the Site and/or Materials immediately terminates without further notice upon Your breach of this Agreement. SouthField may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 1, 7, 8, 9, 10, 11, 12, 13, 16, 17, 20 and 22 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. SouthField reserves the right to discontinue or make changes to the Site and/or Materials at any time. ASSIGNMENT: SouthField may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without SouthField’s prior written permission. Any attempt by You to assign Your rights under this Agreement without SouthField’s permission shall be void. WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement. FORCE MAJEURE: SouthField shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by SouthField to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond SouthField's control. NOTICE: SouthField may deliver notice to You under this Agreement by means of electronic mail, a general notice on www.SouthField.com, or by written communication delivered by first class U.S. mail to Your address on record in SouthField’s account information. You may give notice or bring any concerns to any material found on this Site to SouthField at any time via electronic mail to info@SouthField.com. The Site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation. HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. INVALIDITY: If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances. GENERAL: SouthField, its parents and/or its subsidiaries or divisions may revise this Agreement at any time by updating this posting. You agree to be bound by this Agreement and any modifications to this Agreement occurring prior to Your continued use of the Materials or access to the Site. You should visit this Agreement from time to time to review the then current terms of this Agreement because they shall be equally binding on You. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Copyright © 2008 LNR South Shore, LLC. All rights reserved. |
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