Terms of Use

Date: 02/21/2017
Your Address: 10.183.251.103 (10.183.251.103)

TERMS OF USE FOR hatterasrealty.com WEBSITE

These Terms govern use of the hatterasrealty.com website and apply to all persons who use our website.  By accessing any portion of our website beyond our “home” page (that is, the page to which a normal internet user would first be directed upon entering the web address www.hatteras.com), and this Terms of Use page, YOU AGREE TO THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR FURTHER ACCESS ANY PART OF THIS WEBSITE.  If you are Troy Dale Petty or are employed by Surf or Sound Realty, or are acting on behalf of either of them, see the special prohibitions relating to your use, below.

OWNERSHIP AND CONTROL OF WEBSITE AND ITS CONTENTS

 

This website is controlled and operated by Hatteras Realty.  Our address is 41156 Hwy. 12, Post Office Box 249, Avon, NC 27915.  Our telephone number is (252) 995-5466.

 

All content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights.  Our rights are protected and governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes.

 

We welcome your use of our site as a prospective rental customer or other client of our firm.  If you wish to use any part of the content of this website for purposes other than your personal transactions as a client or prospective client of our company, or as otherwise expressly permitted below, you must contact us for permission.

 

PERMITTED USES

 

Except where we specify otherwise, Hatteras Realty offers you access to the website solely for your personal, non-commercial use as a client or prospective client of Hatteras Realty.  This includes, of course, your use in booking a rental accommodation as a rental customer of Hatteras Realty.

 

You may record and print relevant portions of the content and information contained on the website for your personal, non-commercial use as a client or prospective client of Hatteras Realty.  You may share this information with persons who co-own, with you, a home that we manage or that you are considering having us manage; or persons who are part, with you, of a single family or group that is considering renting a property from us.

 

You also may share information from our website with relatives, friends, and others when you recommend that they use our services or rent property from us, or when you describe your vacation with us or other experiences you have had as our client.

 

If you would like to post a link to our Hatteras Realty home page on your family website (or even your business or association website) in the context of describing your vacation with us or favorably recommending us to those who visit your website, we are delighted to have you do so.  Of course, any references to us must be truthful and not misleading.  If you want to post on your website a link to part of our Hatteras Realty website that shows a house in which you have vacationed or a house that you have booked for a vacation, please let us know.  Normally, we will be happy to accommodate you, and on those occasions when our agreement with an owner might prevent us from allowing a link directly to the house image, we will try to help you in some other way.

 

We have spent a lot of time preparing our website, and obviously do not want our competitors to copy it or to steal information from it.  We do not, in general, allow anyone to access our site or use it for other than the purely personal purposes described above.  However, we are proud of our company’s performance and believe that truthful information about our business and that of other vacation rental property managers can be useful to clients and prospective clients in some situations.  Thus, we allow vacation rental management companies to access our website, and to record and print relevant portions of the content and information contained on our website, for the sole purposes of (1) preparing their own accurate competitive analyses for internal use only; (2) providing summaries of the analyses to clients who already are using their company as their rental agent, either in face-to-face meetings or via direct mailings to those clients only; and (3) showing the downloaded information and analysis results in face-to-face consultations with their own clients and prospective clients concerning the comparative performance of their firm with ours and others as a vacation rental manager.  It is of course a condition of this permitted access and use that the accessed content and information, and the analysis results, be used in a truthful and non-misleading manner.  It also is a condition of this permitted access and use that the vacation rental management company agrees to use the accessed content and information only for the permitted purposes, and not in any other way.  As an example, the accessed content and information can be used in advertising or promotional campaigns only with our separate express written consent.  If you are a vacation rental management company employee acting on behalf of your company, therefore, you may access and use our site as described in this paragraph if you and your company will abide by these terms and our other Terms of Use.

 

PROHIBITED USES

 

You may not make any use of our website or any part of its contents for any purpose except those uses permitted above.  You may not make either the content of the website, or information gained from it, available to others without our consent except as described in the Permitted Uses section of our Terms of Use.

 

You may not upload the content of our website, or information contained on our website, to any website that you operate or that is operated by anyone other than Hatteras Realty except as described in the Permitted Uses section of our Terms of Use.

 

You may not publish or further distribute all or any part of the content of our website, or the information contained on it, in any medium, whether print, electronic, or otherwise, except as described in the Permitted Uses section of our Terms of Use.

 

You may not frame pages from our website in another web page, nor use the content of our website, or information gained from it, on any other website except as described in the Permitted Uses section of our Terms of Use.  Except with the written permission of Hatteras Realty, you may not establish a hyperlink or other link to any part of this website that states or implies any sponsorship or endorsement of your website by Hatteras Realty or our affiliates.

 

You may not provide information gained from our website to any third parties except as described in the Permitted Uses section of our Terms of Use.

 

You may not exploit or use the content of our website or any information gained from our website, for any commercial, news reporting, or advertising purpose, except as described in the Permitted Uses section of our Terms of Use.

 

Except as described in the Permitted Uses section of our Terms of Use, you may not obtain, transfer, sell, or use any property owner lists, property lists, pricing, addresses, software, databases or any other information of any kind or nature whatsoever from our website without our permission.  You may not engage in any of the practices generally known as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users for commercial use.  You may request consent by delivering your request to Hatteras Realty at 41156 Hwy. 12, Avon, NC or by mailing it to us at Post Office Box 249, Avon, NC  27915.

 

You may not use on your website, or in any other location, any trademarks, service marks or copyrighted materials appearing on this website, including but not limited to any logos or characters, without the express written consent of Hatteras Realty and, if different, the owner of those proprietary rights.

 

You may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website.

 

Except with the advance written permission of Hatteras Realty, you may not access or attempt to access password-protected, secure or non-public areas of the website.  You may not obtain or attempt to obtain any materials or information through our website using any means that were not intentionally made available or provided for your use on our website.

 

You may not use or export any content or information from this website in violation of U.S. export laws and regulations.

 

PROHIBITED USES FOR SURF OR SOUND REALTY and DALE PETTY

 

            As we said, we are proud of our company’s performance and believe that truthful information about our business and that of other vacation rental property managers can be useful to clients and prospective clients in some situations.  Thus, we allow vacation rental management companies to access our website, in most cases.  However, we do not tolerate wrongful use of our website and, when we believe wrongful or inappropriate use has occurred, we reserve the right to forbid further use. 

 

            If you are Troy Dale Petty or Surf or Sound Realty, or are acting on behalf of either of them, you are reminded of a Superior Court Judgment that was entered in a lawsuit we brought against Mr. Petty and Surf or Sound Realty.  The Judge entered an order forbidding Troy Dale Petty and Surf or Sound Realty from using:

 

a.  any data obtained from any Hatteras Realty web site for the purpose of making any comparisons between the performance of Hatteras Realty and the performance of Surf or Sound Realty or any other business owned, operated, or controlled by one or more of Defendants (including any business in which said Defendant acts as a manager or officer); and

b.  the name of Hatteras Realty, the name or image of any Hatteras Realty employee, or any image of any property owned or managed by Hatteras Realty, in any marketing, advertising, or other promotional material, whether in print, electronic, or other medium, except with the express advance written consent of Hatteras Realty.

For these and other reasons, we entirely prohibit and forbid all use of our website by Troy Dale Petty, Surf or Sound Realty, and employees or others acting on behalf of either of them.  Notwithstanding any rights granted to others, Troy Dale Petty and Surf or Sound Realty, and anyone acting on behalf of either of them, are forbidden to access any part of our website other than our home page and this Terms of Use page, for any purpose. 

 

OTHER USES

 

All rights and uses not otherwise discussed and expressly granted are reserved exclusively to Hatteras Realty.

 

PROMISES THAT YOU MAKE TO US WHEN YOU USE OUR WEBSITE

 

You promise that you will abide by all of these Terms of Use, as they presently exist or as they may be later modified.

 

You promise that you will not use our website for any purpose that is unlawful or prohibited by these Terms, including without limitation posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.

 

WE RESERVE THE UNCONDITIONAL RIGHT TO DENY ACCESS

 

Hatteras Realty retains the right to deny access to you or anyone else, in our sole and unrestricted discretion, for any reason, including for violation of these Terms, or for no reason at all.

 

ALL PERMISSIONS TERMINATE UPON ANY VIOLATION

 

If you violate any of the Terms Of Use for our website, your permission to use our website immediately terminates without the necessity of any notice.

 

YOU INDEMNIFY US, AND WILL BE LIABLE TO US IF YOU BREACH THE TERMS OF USE

 

You agree that violations of our Terms of Use create a likelihood of irreparable harm to Hatteras Realty, and agree that a court may grant an injunction requiring that you immediately cease any violations and prohibiting future violations.

 

You agree that any commercial accessing or use of information or content from our website in violation of our Terms of Use is an unfair and deceptive trade practice carried out by you in North Carolina, and that if you engage in such prohibited access or use, you will be subject to all applicable penalties for such violations.

 

In addition to seeking an injunction, Hatteras Realty may seek any and all damages, costs, and attorneys’ fees that may be provided by law.  This includes, among other remedies, treble damages for copyright or trademark infringement, and for using our information in any commercial manner or accessing it for any commercial purposes not expressly permitted by our Terms of Use or by a separate written agreement between you and Hatteras Realty.

 

Where appropriate Hatteras Realty may refer any violators for criminal prosecution.  It is a violation of federal criminal statutes, for example, to infringe our copyrights, to counterfeit our trademarks by misusing them, and to hack into sections of our website that are not intended for your use or to steal data from our website.

 

You agree to indemnify, defend, and hold harmless Hatteras Realty and our officers, directors, employees, affiliates, agents, licensors, and suppliers, including, but not limited to Visual Data Systems, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

 

YOU AGREE TO PROVIDE ACCURATE AND COMPLETE INFORMATION

 

If and when requested by Hatteras Realty, you agree to provide true, accurate and complete user information.  You will not impersonate or falsely represent your affiliation, or lack of affiliation, with any person or entity.

USING THE LINKS WE PROVIDE

Our website may contain links to other websites ("Linked Sites").  The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk.  The content of most or all of the Linked Sites is not under Hatteras Realty's control.  Hatteras Realty is not responsible for, and does not endorse, their content, whether or not Hatteras Realty is affiliated with the owners of such Linked Sites.

Please note that the Linked Sites may have terms of use that differ from, or contain terms in addition to, the Hatteras Realty Terms of Use.  Your access to and use of the Linked Sites, even though you access them through links provided on our website, is governed by the terms of use and policies of those sites, not of this website.  You assume all responsibility for your decision to use these links to access the Linked Sites, for all use of the Linked Sites, and for all compliance with their terms of use.

FUTURE CHANGES AND MODIFICATIONS TO TERMS OF USE

Hatteras Realty (“Hatteras Realty”) reserves the right, in its sole discretion, to update, alter or otherwise modify these Terms at any time.  Such modifications shall be effective immediately upon posting.  We are not required to post a notice that our Terms of Use have been modified.  You may access our home page, and our Terms of Use page, at any time.  By accessing any portion of our website, other than those pages, after our Terms of Use have been modified in any way, you agree to be bound by the revised Terms.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS."  OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY APPLICABLE LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, HATTERAS REALTY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER HATTERAS REALTY, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY.  HATTERAS REALTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  YOU (AND NOT HATTERAS REALTY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM.  YOU EXPRESSLY AGREE THAT NEITHER HATTERAS REALTY, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HATTERAS REALTY AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HATTERAS REALTY IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  IN SUCH JURISDICTIONS, HATTERAS REALTY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THIRD PARTY RIGHTS

These Terms are for the benefit of Hatteras Realty and its officers, directors, employees, affiliates, agents, licensors, and suppliers.  Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

PLACE OF USE, APPLICABLE LAW, AND JURISDICTION

You understand that this website is controlled and operated by Hatteras Realty from its offices within Avon, NC.  Hatteras Realty makes no representation that content in the website is appropriate or available for use in all other locations.  Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent there are such local laws that are applicable.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina, as they are applied to agreements entered into and to be performed entirely within such State.  Any action you, any third party or Hatteras Realty brings to enforce these Terms, or in connection with any matters related to this website, shall be brought only in either the state or Federal courts located in North Carolina and you expressly consent to the jurisdiction and venue of these courts located in North Carolina.  If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

The provisions and conditions of these Terms of Use, and each obligation referenced herein, represent the entire Agreement between Hatteras Realty, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein.  In the event that any inconsistencies exist between these Terms and any future published Terms of Use that are in effect when you access portions of our website beyond our home page and our Terms of Use page, the last-published Terms of Use shall prevail.