Terms of Use


Please Read Carefully Before Using This Web Site
Welcome to the http://TracyWenger.averyhess.com web site (the "Web Site"). The goals of the Web Site include providing consumers with access to residential and commercial real estate listings, real estate related information, real estate related services, and information about AveryHess, Realtors, Inc. ("AveryHess, Realtors"). To insure a safe, non-offensive environment for all visitors to the Web Site, we have established these "Terms of Use". By accessing any areas of the Web Site, you agree to be bound by the terms and conditions set forth below. If you do not agree to all of the Terms of Use, please do not use this Web Site.

1. PRIVACY - Information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy.

2. LINKS - For your convenience, the Web Site may contain content, information and services from third parties and links to third party web sites, or may redirect you to third party web sites that may be of interest to you ("Third Party Content and Services"). Third Party Content and Services are not under the control of AveryHess, Realtors, and AveryHess, Realtors is not responsible for such content (including the accuracy or reliability of any such content, data, opinions, or advice), services or third party web sites, including without limitation any link contained in such content, or any changes or updates to such content, services or third party web sites. AveryHess, Realtors is providing the Third Party Content and Services to you only as a convenience, and the inclusion or access to Third Party Content and Services does not imply an endorsement by AveryHess, Realtors of such content or services, of the provider of such content or services, or any third party web site. AveryHess, Realtors’ Privacy Policy is applicable only when you are on the Web Site. You may be subject to additional and/or different terms, conditions, and privacy policies when you access or use Third Party Content and Services. If you link to, or are redirected to a third party web site, you should read that web site’s privacy policy before disclosing any personal information. AveryHess, Realtors reserves the right to terminate any link or linking program at any time. AveryHess, Realtors cannot and does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of Third Party Content and Services. You are responsible for confirming the sufficiency and reliability of any Third Party Content and Services.

3. APPLICABLE LAW - The Web Site is controlled by AveryHess, Realtors from its offices within the city of Dunn Loring, the state of Virginia, U.S.A. As such, the laws of the State of Virginia, U.S.A., will govern these Terms of Use, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Virginia, U.S.A., for any litigation arising out of or relating to the use of the Web Site, waive any objection to the venue of any such litigation in the Virginia courts and agree not to plead or claim in any Virginia court that such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph.

4. COPYRIGHT NOTICE - The materials provided through the Web Site including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Web Site, as well as the organization and layout of the Web Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Web Site solely for your personal and non-commercial use, however, any print out of the Web Site, or portions of the Web Site, must include the copyright notice of the owner of such materials. No right, title or interest in any of the materials contained on this Web Site is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another web site, use on any other web site, transfer or sell any information obtained from this Web Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. The trademarks and service marks used or displayed on the Web Site are either trademarks or service marks or registered trademarks or service marks of AveryHess, Realtors or a third party. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the trademark or the service mark.

You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site.

Except with the written permission of AveryHess, Realtors, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Site. Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to prosecution.

Except with the written permission of AveryHess, Realtors, you agree that you will not create links from any web site or web page to any page within the Web Site. You agree that if AveryHess, Realtors, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.

You agree that AveryHess, Realtors may, in its sole discretion and at any time, terminate your access to and use of the Web Site, or any part thereof, with or without notice.

5. TRANSMIT - If you post, upload, submit or otherwise transmit any content on or through the Web Site, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity.

6. DISCLAIMER - YOUR USE OF AND RELIANCE UPON THE CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS. AveryHess, Realtors MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMLINESS OF SUCH CONTENT, INFORMATION OR SERVICES. AveryHess, Realtors EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AveryHess, Realtors DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEB SITE. AveryHess, Realtors MAY MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE. WHILE AveryHess, Realtors STRIVES TO KEEP THE INFORMATION ON THIS WEB SITE ACCURATE AND CURRENT, AveryHess, Realtors CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. INFORMATION WITHIN THE WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. AveryHess, Realtors RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THIS WEB SITE AT ANY TIME, AND WITHOUT NOTICE.

ANY FILES, PROGRAMS OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

7. LIMITATION OF LIABILITY - IN NO EVENT SHALL AveryHess, Realtors BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS OR BY THE USE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, USE OR PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR THE USE, EXISTENCE OR RELIANCE UPON ANY CONTENT, INFORAMTION OR SERVICES PROVIDED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AveryHess, Realtors 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR RELATED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND RELATED SERVICES.

8. INDEMNIFICATION - YOU AGREE TO INDEMNIFY AND HOLD AveryHess, Realtors, ITS AFFILIATES, OFFICERS AND EMPLOYEES, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES THROUGH THE WEB SITE, HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE.

9. TERMINATION - You agree that AveryHess, Realtors may in its sole discretion and at any time terminate your access to and use of the Web Site, or any part thereof, with or without notice.

10. UPDATES - AveryHess, Realtors reserves the right to make changes to the Web Site and these Terms of Use, at any time, and may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Your use of this Web Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to discontinue using the Web Site and related services.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY AveryHess, Realtors.