You, the website user ("User") agree that
you have read and understand this "terms of service agreement" ("Agreement")
before accessing the website and agree that by using this website
and/or registering as a user you agree to be bound by all of the
terms of this Agreement. The User acknowledges and agrees that this
Agreement constitutes a legal binding agreement between the User
and AudreyHutton.com agent of McGhin & Company, its Employees,
Directors, Officers, Agents,
AudreyHutton.com, honolulurealty.com, its Successors and/or Assigns,
hereinafter known as McGhin & Company. We recommend that you
print a copy of this Agreement for your records.
1. If User is a buyer or seller of real estate
or an apartment renter, User represents and warrants to McGhin & Company that he or she will provide factual, complete and accurate
information as requested and that he or she is not currently working
with another real estate agent, broker or agency and has not entered
into any contractual arrangements preventing User from entering
into this Agreement with McGhin & Company. The information contained
herein is based on information from the Multiple Listing Service
of the Honolulu Board of REALTORS for the period January 2000 through
December 2005.
2. User acknowledges and agrees that property
searches conducted by User will be restricted according to guidelines
set by the Multiple Listing Service (MLS), with his or her search
parameters limited to a reasonable price range and intended geographical
region of living. User also acknowledges and agrees that the MLS
listing information being provided to User through this website
is for consumers' personal, non-commercial use and may not be used
for any purpose other than to identify prospective properties that
User may be interested in purchasing. User also agrees to enter
into the Honolulu Association of Realtors Standard Form, Buyer Representation
Agreement Exclusive Right To Represent with McGhin & Company at the
time physical property showings begin. User agrees that any communications
with an owner or seller, including an intent to view a property,
will be conducted through the McGhin & Company's Realtors® via scheduled
appointment. User also understands and accepts McGhin & Company's
right to represent other qualified prospective buyers seeking similar
property parameters.
3. User may be eligible to list residential
property for sale through the McGhin & Company, as its exclusive
real estate broker.
4. User acknowledges and agrees that his or
her use of this website or the use of any of the services provided
by AudreyHutton.com & McGhin & Company to the User does not obligate
User to use any of the other services or products offered by any
other party. Specifically, the User is not obligated to use any
of the mortgage, title insurance or other settlement services offered
hereunder by other third parties. To the extent User has any dispute
or claim with respect to any of the products, services or information
received from such third parties, User acknowledges and agrees that
User shall look solely to such parties with respect to such disputes
and claims and will release the McGhin & Company from any such claims
or damages.
5. User acknowledges and agrees that as a
convenience to User, this website may contain live links to other
third-party websites that are not under the control or operation
of AudreyHutton.com or McGhin & Company. AudreyHutton.com and McGhin & Company is not responsible for any of the content contained in such
websites nor does it endorse any of the content found therein. User
will access and use such other websites, including information,
material, products and services provided therein, solely at his
or her risk. Furthermore, we recommend that the User read the privacy
policies of such other websites before disclosing his or her personal
information since AudreyHutton.com and McGhin & Company's own privacy
policies does not apply to other websites.
6. Neither the Company nor its vendors, partners
or clients will be liable under any circumstances for any damage
or liability that may arise from the User's use, misuse, or inability
to use this website, or for any products, services or information
offered or provided hereunder. Furthermore, User acknowledges and
agrees that although AudreyHutton.com and McGhin & Company believes
that the materials, reports and information (including property
listing information) are accurate, updated and complete, AudreyHutton.com
and McGhin & Company does not independently verify the same. AudreyHutton.com
and McGhin & Company, its vendors, partners or clients do not guarantee
the accuracy, completeness or reliability of such materials, reports
and information and are not responsible to User or any other party
for any damage or loss relating to their accuracy, completeness
or timeliness. All such materials, reports and information should
be independently verified by User.
7. User understands and agrees that AudreyHutton.com
and McGhin & Company will not be responsible for any damage to hardware,
software, data or personal property while using this website or
any other website which may be linked to this website, and that
using such websites is done at his or her own risk.
8. User understands that all materials,
reports, information, and marks contained in this website contain
intellectual property owned by AudreyHutton.com as a real estate
agent of McGhin & Company or licensed from third parties. The materials,
reports, and information are protected under copyright law and may
not be reproduced, distributed, or retransmitted without written
permission of AudreyHutton.com and McGhin & Company. All rights are
reserved. The marks on the website are protected under trademark
law and may consist of trademarks, trade names, service marks, including
AudreyHutton.com and McGhin & Company's logos and name. These marks
are owned by AudreyHutton.com and McGhin & Company. User may not
use or display these marks or confusingly similar marks in conjunction
with other products or services without written permission of the
Company. The source of the MLS information being displayed in this
website is Copyright © 2002, Honolulu Association of Realtors. The
pages displayed in this website are Copyright © 2003, AudreyHutton.com,
a Hutton Corporation.
9. User recognizes
that AudreyHutton.com may at any time amend the terms of this Agreement
by posting the amended Agreement on this website and that User's
continued use of this website after the posting of any such amendment
will constitute User's acceptance of such amendment. User does not
have the right to amend the terms of this Agreement. User further
acknowledges and agrees that AudreyHutton.com may add, delete or
modify all or any portion of the services, products, materials,
reports and/or information provided hereunder at any time. User
also acknowledges and agrees that not all of the services or products
displayed on this website may be available at such time.
10. THIS WEBSITE
AND ALL SERVICES, PRODUCTS AND INFORMATION ARE PROVIDED "AS-IS",
"WHERE IS" AND "WITH ANY AND ALL FAULTS". NEITHER AUDREYHUTTON.COM
AND McGhin & Company, NOR ITS EMPLOYEES, DIRECTORS, OFFICERS, OWNERS,
AGENTS, VENDORS, CLIENTS, PARTNERS, SUCCESSORS, AND/OR ASSIGNS,
MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ASSUME
ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY INFORMATION CONTAINED IN THIS WEBSITE NOR REPRESENT
THAT USE OF THIS INFORMATION WOULD NOT INFRINGE OTHER THIRD PARTY
RIGHTS. FURTHER THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE TO THE USER OR ANY
THIRD PARTY ARISING FROM USE OF THIS WEBSITE OR THE SERVICES, PRODUCTS
OR INFORMATION PROVIDED HEREUNDER.
11. User agrees to indemnify, defend and
hold AudreyHutton.com agent for McGhin & Company, its employees,
directors, officers, owners, agents, representatives, vendors and
partners harmless from any and all liability, loss, claim and expense
(including attorneys' fees and costs) resulting from User's use
of the information, materials, products or services listed in this
website or resulting from User's violation of this Agreement.
12. This Agreement
also incorporates the AudreyHutton.com’s Privacy Policy and the
other legal notices and disclosures posted in the website. It is
recommended that the User familiarize himself or herself with the
same since they are a part of this Agreement. Although, AudreyHutton.com
and its vendors and suppliers have taken substantial steps to insure
the confidentiality of information transmitted to them by the User
via the Internet, the User is cautioned that unexpected changes
in technology may be used by unauthorized third parties to intercept
User information. Accordingly, AudreyHutton.com assumes no liability
or responsibility should confidential information belonging to the
User be intercepted and subsequently used by an unintended recipient.
13. The laws of the State of Hawaii (without
giving effect to its conflicts of laws) will govern the interpretation
and enforcement of this Agreement. User hereby consents to personal
jurisdiction in the federal and state courts of Honolulu, Hawaii
for any actions arising out of or related to this Agreement.
14. If any of the provisions of this Agreement
are held invalid or unenforceable by a court of law with jurisdiction
over such matter, such provisions will be deleted from this Agreement
and the remaining provisions will remain binding and enforceable.
Failure by AudreyHutton.com to enforce any of its rights under this
Agreement shall not be construed as a waiver of any provision or
right to which AudreyHutton.com is entitled. AudreyHutton.com reserves
the right to terminate User's access to the website for User's breach
of the terms of this Agreement or for any actions taken by User
that damage or may damage the website or the Company. User agrees
that the terms of Sections 5, 6, 7, 10, 11, 12 and 13 shall survive
the termination of this Agreement. Download the Buyer Representation
Agreement Exclusive Right To Represent
15. NRU College curriculum, content, presentation design and format are proprietary products of Nouveau Riche University Academy™ (NRA), distributed exclusively by Nouveau Riche University™ through its Investor Solutions system. NRA offers a unique “Learn to Earn” training and educational program designed specifically for real estate investors. NRA does not offer accredited undergraduate or graduate programs.
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