Terms & Conditions
YOUR RIGHT TO ACCESS THE CONTENT ON THIS WEBSITE AND TO USE THE SERVICES PROVIDED VIA THIS WEBSITE ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. ANY BREACH OF THE TERMS AND CONDITIONS SET FORTH BELOW IMMEDIATELY TERMINATES SUCH RIGHTS.
Please note that we reserve the right at any time to change the terms and conditions set forth below. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting notice of such changes on this website. Your continued use of this website after such notice is evidence of your acceptance of all such changes.
We also reserve the right to limit the availability of this website and/or the provision of any content, service, or product described herein to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, service, or product(s) that we may provide.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your activity on this Site.
1. The Site is a Venue and We are Not a Party to any Rental or sales Transactions.
We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property for sale or renting a property. We do not own or manage, nor can we contract for, any rental or for sale property listed on the Site. Instead, the Site acts as a venue to allow homeowners and property managers, and real estate agents who advertise on our Site (each, a " user ") to offer for rent, or for sale in a variety of pricing formats, a specific rental property to potential renters or sellers seeking potential buyers and, collectively with a member, the " users "). We are not involved in any transaction between buyers and seller members. As a result, any part of an actual or potential transaction between a buyer and seller or renter, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or review), the ability of members to rent or buy a property or the ability of visitors to the site to pay for rental properties or purchase homes for sale are solely the responsibility of each user.
We are also not responsible for the condition of the rental properties or the homes for sale listed on our Site or the compliance with laws, rules or regulations that may be applicable to any property in any jurisdiction.
2. Limited License to Use the Site.
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.
3. Unauthorized Uses of the Site.
The license to use the site granted to users in these Terms does not include any right of collection,
aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engines" do not include a website or search engine or other service that provides classified listings or property advertisements, or any subset of the same or which is in the business of providing property rental and for sale services or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:
Any commercial use (other than by client customers or "users with a valid membership subscription) of the Site or any content on the Site;
Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;
Reverse engineer any part of the Site;
Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
Use the Site and its inquiry functionality other than to advertise and/or research property and to make legitimate inquiries to our users;
Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.
4. Proprietary Rights and Downloading of Information from the Site.
The Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid paid membership program) is expressly prohibited without prior written permission from us.
Each user acknowledges and agrees that, regardless of such user's physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.
6. Identity Verification.
User verification on the Internet is difficult and we cannot and do not confirm each user's purported identity. We encourage you to communicate directly with a potential client "Buyer" through your own tools and methods available to you.
You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorized or fraudulent manner.
7. Limitations on Communications and Use of Other Users' Information; No Spam.
You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or transaction, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user (such as a booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
8. Responsibility for User-Contributed Content.
We have no duty to pre-screen content posted on the Site by others or other users (including, without limitation, reviews of entries for any particular rental/for sale property), (collectively, "user-contributed content") and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that fails to meet our content requirements or if it otherwise violates these Terms. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content.
All property listings on the Site are submitted by the user client and are the sole responsibility of the client, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, or any alleged breaches of contract on anyone's part. Users are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective visitors to the site have searched for specific special offers, dates, or types of properties. All users are solely responsible for ensuring the accuracy of any property descriptions, and visitors are solely responsible for verifying the accuracy of such descriptions.
We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
9. Notification of Infringement; DMCA Policy.
10. Unsolicited Ideas and Feedback.
Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Ocean Home, without any compensation to you; (2) Ocean Home may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for Ocean Home to review any submission; and (4) there is no obligation to keep any submission confidential.
11. Links to Third Party Sites.
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
NATURE OF RMS'S (oceanhomemag.com) RESPONSIBILITIES FOR GOODS AND SERVICES DISPLAYED.
YOU ACKNOWLEDGE AND AGREE THAT RMS'S (oceanhomemag.com) DUTIES WITH REGARD TO GOODS AND SERVICES DISPLAYED ARE MINISTERIAL IN NATURE. RMS'S IS MERELY A FACILITATOR AND PROVIDES TRANSACTIONAL ASSISTANCE TO ITS REGISTERED USERS AND TO THIRD PARTY SELLERS AND IS NOT A PRINCIPAL TO ANY TRANSACTION. RMS SHALL NOT AND DOES NOT TAKE TITLE OR OWNERSHIP OF ANY PROPERTY OR FUNDS HELD BY IT. TITLE TO SUCH PROPERTY OR FUNDS SHALL BELONG TO THE SELLER OR BUYER, AS THE CASE MAY BE, AND SHALL BE HELD AND DISPOSED OF IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS AND CONDITIONS OR AS OTHERWISE AGREED UPON BETWEEN BUYER AND SELLER. ANY DISPUTES AND/OR DISAGREEMENTS BETWEEN BUYER AND SELLER MUST BE ADDRESSED BETWEEN BUYER AND SELLER, AND YOU EXPRESSLY AGREE NOT TO HOLD RESPONSIBLE RMS OR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES IN ANY WAY OR IN ANY MANNER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER RMS NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES ENDORSES ANY OF THE GOODS OR SERVICES THAT ARE TRANSFERRED AND THAT NEITHER RMS NOR ITS EMPLOYEES, REPRESENTATIVE OR AFFILIATES IS RESPONSIBLE FOR ANY DAMAGES TO GOODS DURING TRANSIT NOR FOR MISREPRESENTATIONS AND/OR BREACHES OF CONTRACT BY SELLER. RMS AND ITS EMPLOYEES, REPRESENTATIVES AND AFFILIATES SHALL ALSO BE FULLY PROTECTED IN RELYING UPON ANY WRITTEN NOTICE, DEMAND, CERTIFICATE OR DOCUMENT, WHICH IT IN GOOD FAITH BELIEVES TO BE GENUINE. NEITHER RMS NOR ITS EMPLOYEES, REPRESENTATIVES OR AFFILIATES SHALL INCUR ANY LIABILITY WHATSOEVER, AND BOTH BUYER SHALL INDEMNIFY THE EMPLOYEES, REPRESENTATIVES AND AFFILIATES OF RMS, WITH REGARD TO THEIR CONDUCT IN OPERATING OR MAINTAINING THIS WEBSITE OR IN THE FULFILLMENT OF THEIR DUTIES AS EMPLOYEES REPRESENTATIVES OR AFFILIATES OF CRM AS MORE FULLY DESCRIBED IN THE RELEASE AND INDEMNIFICATIONS CONTAINED HEREIN.
THIS WEBSITE, THE CONTENT, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RMS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CRM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, THE SERVER(S) ON WHICH THIS WEBSITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF RMS OR ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THIS WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RMS SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CRM, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED TO OR FROM, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. RMS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED SITE, AND RMS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THIS WEBSITE AND ANY CONTENT PROVIDED ON THIS WEBSITE ARE ENTIRELY AT YOUR OWN RISK.
Limitation Of Liability
NEITHER RMS NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR MATERIALS CONTAINED ON THIS WEBSITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THIS WEBSITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO RMS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THIS WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree fully to defend, indemnify and hold harmless RMS immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these terms and conditions by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and RMS as a result of these terms and conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of RMS, and we shall not be liable for any representation, act, or omission on your part.
18. Content, Layout and Copy.
All content and copy edits submitted by members are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet our Content Guidelines. Users are responsible for reviewing and ensuring that any content submitted to the Site is displayed as the member intended.
All printed (paper based) photographs submitted by a client user will be discarded after we, or you, have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
Photographs should depict the property as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the RMS from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the users's responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The user warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
These terms and conditions (as amended from time to time) constitutes the entire agreement between you and RMS regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and RMS in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of these terms and conditions, these terms and conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these terms and conditions.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
These terms and conditions together with all our policies and procedures are governed by and construed in accordance with the laws of the State of Massachusetts applicable to contracts entered into and to be fully performed in that State, without giving effect to conflicts of laws principles and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Massachusetts.