Bolam Real Estate – Terms of Use 

Last updated: May 25, 2020

THE SOFTWARE APPLICATION YOU ARE USING IS OWNED AND POWERED BY Bolam LLC.

Bolam LLC, TOGETHER WITH ITS AFFILIATES AND LICENSORS PROVIDES YOU ACCESS AND SERVICES THROUGH USE OF THIS WEBSITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE  DETAILED BELOW.

BY ACCESSING, BROWSING AND USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THIS WEBSITE TERMS OF USE AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THIS WEBSITE TERMS OF USE AND PRIVACY POLICY AND ALL APPLICABLE LAW EACH TIME YOU USE THIS WEBSITE YOU MAY NOT USE THIS WEBSITE. THE INFORMATION BELOW PROVIDE DETAILS ABOUT OUR TERMS AND CONDITIONS OF USE.

A. Passwords and Security

If you use a username and/or password to access this website or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur with regard to your account or with your password. In the event that the confidentiality of your account, user name or password is compromised in any manner, you will notify Bolam immediately. Bolam reserves the right to take any action it deems necessary or reasonable to maintain the security of this website and your account, including without limitation, suspending or terminating your account, changing your password or requesting information to authorize transactions on your account. While Bolam takes prudent steps to protect your account and this website, it cannot protect your information outside of this website. For example, when Bolam communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Bolam may rely on the authority of anyone accessing your account or using your password and in no event will Bolam be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Bolam taken under this provision; (ii) any compromise of the confidentiality of your account, user name or password, and (iii) any unauthorized access to your account or use of your user name and/or password.

B. Intellectual Property

All Website Materials are owned by Bolam and others and are protected by United States and international copyright, trademark, trade secrets and other laws (“Intellectual Property”). Except as stated in the Website Terms, none of the materials and Intellectual Property described in these Website Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Bolam or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and personal use only. Any other use of the materials in this Website – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of Bolam – is strictly prohibited.

C. Software

Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this Website is licensed to you by Bolam on a non-exclusive and limited basis. Bolam shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

D. Hyperlinks

Bolam makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this website, or web sites linking to this website.

E. Submissions

By using this website, you agree not to do any of the following:

1. Upload to, distribute or otherwise publish through this website any message, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission;
3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Upload to, distribute or otherwise publish through this website any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
6. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

All access to and use of this website is governed by and subject to the website Terms. Bolam reserves the right, but not the obligation, to monitor any activity and Content and interactive areas on this website. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Bolam has the right, but not the obligation, to take any action we deem appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of this website and related services at any time, and block, remove or edit any communication and materials that Bolam believes in its sole discretion may violate applicable law, the website Terms or a third party’s rights. Bolam takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

You remain solely liable for the Content of any messages or other information you upload or transmit to interactive areas of this website. You agree to defend, indemnify and hold harmless Bolam and its parents, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Service Portal Terms, or your violation of any rights of a third party. Indirect or attempted violations of these website Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this website will be considered violations of these website Terms by such users.

F. Disclaimer

THIS WEBSITE AND THE SERVICES PROVIDED HEREIN ARE PROVIDED THROUGH THIS WEBSITE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Bolam DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS WEBSITE. Bolam DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE OR THE DESCRIPTION OF THE MERCHANDISE OR SERVICES OFFERED ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Bolam IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. Bolam DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF Bolam OR IT’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE IS AT YOUR SOLE RISK.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Bolam.

G. Limitation of Liability

IN NO EVENT SHALL Bolam BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE , EVEN IF Bolam IS AWARE OF THE RISK OF SUCH DAMAGES.

YOU AGREE THAT, IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEBSITE. WHERE MONETARY DAMAGES ARE AWARDED, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Bolam (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR THIS WEBSITE EXCEED AN AMOUNT EQUAL TO THE AMOUNT ACTUALLY RECEIVED FROM Bolam FROM ITS CLIENT FOR THE PROVISION OF THE APPLICABLE SERVICES FOR THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH ANY SUCH CLAIM IS MADE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

H. Applicable Law, Venue and Limitation of Actions:

These terms and conditions shall be governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and entirely to be performed within North Carolina, without resort to its conflict of law provisions. Regardless of where you access this website, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in North Carolina, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.

I. Termination

Notwithstanding any of these terms and conditions, Bolam reserves the right, without notice and in its sole discretion, to suspend terminate the License, and to block or prevent future access to the Services and use of this website if you violate any of these website Terms or its policies. Upon termination, these website Terms shall still apply.

J. Consent to Email Communication

When you visit this website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on this Website. We do not include details of your personal or financial information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Bolam.com site, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal or financial information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal or financial information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner. In addition, we make no representations or covenants with regard to, and assume no liability for, any communications between any third party and use using the “Conversations” functionally of the Services or the website, including without limitation, any representation, covenant or liability related to or arising from the security or accuracy of any data included in such Conversations.

K. Legal Equivalency

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

L. Severability

If any provision of the website Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these website Terms and shall not affect the validity and enforceability of any remaining provisions.

M. Waivers

No waiver, express or implied, by either party of any breach of or default under these website Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

N. Payments

If you use the Website to initiate any automatics clearing house (“ACH”) or credit card payment (each a “Transaction”), you will comply with all obligations imposed on you by applicable laws, rules and regulations of federal, state and local governmental authorities and governing industry associations applicable to the Services, including, but not limited to, the Fair Credit Reporting Act (“FCRA”), the National Automated Clearing House Association (“NACHA”) Rules or the Check Clearing for the 21st Century Act (the “Check 21 Act”), and any rules of the credit card associations. Bolam from time to time may establish reasonable rules, regulations and operational guidelines with respect to your use of the Services and the Website and you agree to be bound by and comply with such rules, regulations and operational guidelines 10 days after delivery thereof to the Site Owner. All laws, rules, regulations and operational guidelines referred to in this Section shall be referred to collectively as the “Rules”. For one time payments, each time you initiate a one-time payment Transaction, you authorize PayPal to initiate an automated clearing house (ACH) debit transaction to your checking or savings account, or a charge to your check or credit card in the amount of the Transaction.

If you use the Website to receive Transactions, the initiator of such Transactions and you are solely responsible, and we disclaim all liability for truth, accuracy and completeness of information the initiator or you input or store in the Services or the Website.

O. Modification of Website Terms

Bolam reserves the right to modify these Website Terms in our sole discretion from time to time and only Bolam has the right to do so. If the Website Terms are changed, we will post the new terms on this Website and note the date they were last updated. Any changes or modification will be effective upon posting of the Website Terms as revised, and your use of this Website following the posting will constitute your acceptance of the new Website Terms.

P. Contact Us

If you have any questions or concerns about this Term of Use statements or its implementation, you may contact us via email: info@Bolam.com