Terms Of Use
Last Modified: February 2019
Acceptance of the Terms of Use
Welcome to this Olympus website ("Company", "we"
or "us"). The following terms and conditions (these "Terms of Use"), govern your
access to and use of olympusams.com, including any content, functionality and services
offered on or through olympusams.com (the "Website"), whether as a guest or a registered
user.
Please read the Terms of Use carefully before you start to use the Website. By using
the Website or by clicking to accept or agree to the Terms of Use when this option
is made available to you, you accept and agree to be bound and abide by these Terms
of Use and our Privacy Policy, found on our website and incorporated herein by reference.
If you do not want to agree to these Terms of Use or the Privacy Policy, you must
not access or use the Website.
This Website is offered and available to users who are 18 years of age or older,
and reside in the United States or any of its territories or possessions and are
approved members of the Matt Martin Real Estate Management LLC broker network. By
using this Website, you represent and warrant that you are of legal age to form
a binding contract with the Company and meet all of the foregoing eligibility requirements.
If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion.
All changes are effective immediately when we post them, and apply to all access
to and use of the Website thereafter. However, any changes to the dispute resolution
provisions set forth in Governing Law and Jurisdiction will not apply to any disputes
for which the parties have actual notice on or prior to the date the change is posted
on the Website.
Your continued use of the Website following the posting of revised Terms of Use
means that you accept and agree to the changes. You are expected to check this page
from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material
we provide on the Website, in our sole discretion without notice. We will not be
liable if for any reason all or any part of the Website is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of the
Website, or the entire Website, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Website;
• Ensuring that all persons who access the Website through your internet connection
are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide
certain registration details or other information. It is a condition of your use
of the Website that all the information you provide on the Website is correct, current
and complete. You agree that all information you provide to register with this Website
or otherwise, including but not limited to through the use of any interactive features
on the Website, is governed by our Privacy Policy, and you consent to all actions
we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of
information as part of our security procedures, you must treat such information
as confidential, and you must not disclose it to any other person or entity. You
also acknowledge that your account is personal to you and agree not to provide any
other person with access to this Website or portions of it using your user name,
password or other security information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security. You also agree to ensure that you exit from your account at the end
of each session. You should use particular caution when accessing your account from
a public or shared computer so that others are not able to view or record your password
or other personal information.
We have the right to disable any user name, password or other identifier, whether
chosen by you or provided by us, at any time in our sole discretion for any or no
reason, including if, in our opinion, you have violated any provision of these Terms
of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not
limited to all information, software, text, displays, images, video and audio, and
the design, selection and arrangement thereof), are owned by the Company, its licensors
or other providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret and other intellectual property or proprietary
rights laws.
These Terms of Use permit you to use the Website as part of your agreement for services
with the Company. You must not reproduce, distribute, modify, create derivative
works of, publicly display, publicly perform, republish, download, store or transmit
any of the material on our Website, except in furtherance of your agreement with
the Company.
You must not delete or alter any copyright, trademark or other proprietary rights
notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person
with access to any part of the Website in breach of the Terms of Use, your right
to use the Website will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made. No right, title or interest in
or to the Website or any content on the site is transferred to you, and all rights
not expressly granted are reserved by the Company. Any use of the Website not expressly
permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark and other laws.
Trademarks
The Company name, the term Olympus, and all related names, logos, product and service
names, designs and slogans are trademarks of the Company or its affiliates or licensors.
You must not use such marks without the prior written permission of the Company.
All other names, logos, product and service names, designs and slogans on this Website
are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms
of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international
law or regulation (including, without limitation, any laws regarding the export
of data or software to and from the US or other countries);
• For the purpose of exploiting, harming or attempting to exploit or harm minors
in any way by exposing them to inappropriate content, asking for personally identifiable
information or otherwise;
• To transmit, or procure the sending of, any advertising or promotional material,
including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee, another
user or any other person or entity (including, without limitation, by using e-mail
addresses associated with any of the foregoing);
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment
of the Website, or which, as determined by us, may harm the Company or users of
the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair
the site or interfere with any other party's use of the Website, including their
ability to engage in real time activities through the Website;
• Use any robot, spider, exploit or other automatic device, process or means to
access the Website for any purpose, including monitoring or copying any of the material
on the Website;
• Use any manual process to monitor or copy any of the material on the Website or
for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of
the Website;
• Introduce any viruses, trojan horses, worms, logic bombs or other material which
is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Website, the server on which the Website is stored, or any server,
computer or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service
attack;
• Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
• Take appropriate legal action, including without limitation, referral to law enforcement,
for any illegal or unauthorized use of the Website;
• Terminate or suspend your access to all or part of the Website for any or no reason,
including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law
enforcement authorities or court order requesting or directing us to disclose the
identity or other information of anyone posting any materials on or through the
Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND
SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY
OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES
OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website,
and cannot ensure prompt removal of objectionable material after it has been posted.
Accordingly, we assume no liability for any action or inaction regarding transmissions,
communications or content provided by any user or third party. We have no liability
or responsibility to anyone for performance or nonperformance of the activities
described in this section.
Content Standards
These content standards apply to you and any and all content and use of the website
services. Any content you post or enter on the Website must comply with all applicable
federal, state, local and international laws and regulations. Without limiting the
foregoing, your use of the Website or your entry of any content must not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive,
harassing, violent, hateful, inflammatory or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination
based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any patent, trademark, trade secret, copyright or other intellectual
property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others
or contain any material that could give rise to any civil or criminal liability
under applicable laws or regulations or that otherwise may be in conflict with these
Terms of Use and our Privacy Policy;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote or assist any unlawful act;
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass,
alarm or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any
person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes and other
sales promotions, barter or advertising;
• Give the impression that they emanate from or are endorsed by us or any other
person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely to
facilitate the purposes of your agreement with the Company. Unless otherwise stated
in your agreement with the Company to the contrary, we do not warrant the accuracy,
completeness or usefulness of this information. Any reliance you place on such information
is strictly at your own risk. We disclaim all liability and responsibility arising
from any reliance placed on such materials by you or any other visitor to the Website,
or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials
provided by other users and third-party licensors, syndicators, aggregators and/or
reporting services. All statements and/or opinions expressed in these materials,
and all articles and responses to questions and other content, other than the content
provided by the Company, are solely the opinions and the responsibility of the person
or entity providing those materials. These materials do not necessarily reflect
the opinion of the Company. We are not responsible, or liable to you or any third
party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is
not necessarily complete or up-to-date. Any of the material on the Website may be
out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By
using the Website, you consent to all actions taken by us with respect to your information
in compliance with the Privacy Policy.
Links from the Website
If the Website contains links to other sites and resources provided by third parties,
these links are provided for your convenience only. This includes links contained
in advertisements, including banner advertisements and sponsored links. We have
no control over the contents of those sites or resources, and accept no responsibility
for them or for any loss or damage that may arise from your use of them. If you
decide to access any of the third party websites linked to this Website, you do
so entirely at your own risk and subject to the terms and conditions of use for
such websites.
Geographic Restrictions
The owner of the Website is based in the Commonwealth of Virginia in the United
States. We provide this Website for use only by persons located in the United States.
We make no claims that the Website or any of its content is accessible or appropriate
outside of the United States. Access to the Website may not be legal by certain
persons or in certain countries. If you access the Website from outside the United
States, you do so at your own initiative, and are responsible for compliance with
local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available
for downloading from the internet or the Website will be free of viruses or other
destructive code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus protection and
accuracy of data input and output, and for maintaining a means external to our site
for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA
OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED
ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY
NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY
OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED
WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS
OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER
ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors
and service providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors and assigns from and against
any claims, liabilities, damages, judgments, awards, losses, costs, expenses or
fees (including reasonable attorneys' fees) arising out of or relating to your violation
of these Terms of Use or your use of the Website, including, but not limited to,
your content or Website entries, any use of the Website's content, services and
products other than as expressly authorized in these Terms of Use or your use of
any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim
arising therefrom or related thereto (in each case, including non-contractual disputes
or claims), shall be governed by and construed in accordance with the internal laws
of the Commonwealth of Virginia without giving effect to any choice or conflict
of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms
of Use or the Website shall be instituted exclusively in the federal courts of the
United States or the courts of the Commonwealth of Virginia, although we retain
the right to bring any suit, action or proceeding against you for breach of these
Terms of Use in your country of residence or any other relevant country. You waive
any and all objections to the exercise of jurisdiction over you by such courts and
to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS
OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of
Use shall be deemed a further or continuing waiver of such term or condition or
a waiver of any other term or condition, and any failure of the Company to assert
a right or provision under these Terms of Use shall not constitute a waiver of such
right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such provision
shall be eliminated or limited to the minimum extent such that the remaining provisions
of the Terms of Use will continue in full force and effect.
Entire Agreement
Your agreement with the Company, these Terms of Use and our Privacy Policy constitute
the sole and entire agreement between you and the Company with respect to the Website
and supersede all prior and contemporaneous understandings, agreements, representations
and warranties, both written and oral, with respect to the Website.
Thank you for visiting the Website.