The following Terms and Conditions of Use set forth the understanding between you and Bostwick Properties, regarding your access and use of bostwickproperties.com (the “Site”).  Your access and use of the Site is governed by these Terms and Conditions of Use and any notices and consents that are provided or obtained in connection with the Site (collectively, “Agreement”).  As used in this Agreement “We”, “Us” or “Our” refers to Bostwick Properties.  “You” or “Your” refers to you, the user of this Site.

Privacy and Integrity

Our Privacy Policy is part of this Agreement and its terms are incorporated by this reference.  Please read it now (by clicking on “Privacy Policy”).  The Privacy Policy explains how certain information about you may be used. 

Intellectual Property Notice

Bostwick Properties is a trademark of Bostwick Properties, Inc. The Site contains proprietary, original content that is protected by U.S. copyright and international treaties.  Bostwick Properties retains all intellectual property rights.  Except as otherwise expressly permitted under copyright law, you may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of our Site without our express permission.  Unauthorized copying, transfer or use may cause Bostwick Properties, its affiliates, agents, information providers, and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages.  Any breach of this Agreement by you may be enforced by Bostwick Properties by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.

Type of Content on this Site

The information contained on this Site is for informational purposes only.  All information contained on this Site is gathered from sources deemed reliable, however, it is not guaranteed by Bostwick Properties or its agents. Offering is subject to error, omissions, prior sale, change or withdrawal without notice and approval of the purchase by the owner.  We urge independent verification of each and every item submitted to the satisfaction of any prospective purchaser.

No Endorsement; Links to Third Party Web Sites
 
We do not endorse the content on any third-party website.  We are not responsible for the content of third-party sites linked from our Site and do not make any representations regarding their content or accuracy.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.  Any transaction that you conduct at a third-party site will be between you and the party providing that website.  This means that we are not your agent and will not be a party to any transaction at those sites.

Representations/Indemnity

You represent and warrant that you will only use this Site in accordance with this Agreement and will comply with all applicable law when using this Site.  You agree to defend, indemnify, and hold Bostwick Properties, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal fees, costs and expenses resulting from, or alleged to result from, your violation of this Agreement.

Limitations on Liability & Remedies

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOSTWICK PROPERTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS.

Changes to this Agreement
 
You are bound by the version of this Agreement that is in effect on the date of your visit.  The terms of this Agreement may change from time to time, so please review it when you visit.

Montana Law and Forum; One Year Statute of Limitations

This Agreement is governed by the laws of the State of Montana, U.S.A.  Your consent to this Agreement includes your consent to jurisdiction and venue in the courts of Montana, U.S.A., in all disputes arising out of, or relating to, this Agreement.  Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement.  Bostwick Properties’ performance of this Agreement (including the Privacy Policy) is subject to existing laws and legal process, and you agree that we may comply with law enforcement, regulatory requests, or requirements notwithstanding any contrary term of this Agreement.  Any cause of action or claim that you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.


Access, Linking and Framing

If you operate a website and wish to link to our Site, you may link only to the home page, www.bostwickproperties.com, and not to any other page or subdomain of bostwickproperties.com.  You may not: (1) frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of our Site; (2) reverse engineer or disassemble any software or other products or processes accessible through our Site; (3) use any device, software, or routine to interfere, or attempt to interfere, with the proper working of our Site; (4) take any action that imposes an unreasonable or disproportionately large load on the Site; or (5) use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process in connection with your use of this Site.

Duration and Survival

This Agreement remains in effect for so long as you have the ability to receive information as contemplated by this Agreement.  The sections entitled INTELLECTUAL PROPERTY NOTICE, TYPE OF CONTENT ON THIS SITE, REPRESENTATIONS/INDEMNITY, and LIMITATIONS ON LIABILITY & REMEDIES survive termination of this Agreement.

Miscellaneous; Entire Agreement

If any part of this Agreement is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.  This Agreement constitutes the entire agreement between you and Bostwick Properties with respect to this Site and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral, or written, between you and Bostwick Properties regarding the Site. 

Contacting Bostwick Properties

You can contact us by email if you have any questions or concerns regarding this Agreement or our Privacy Policy.

 

1045 Reeves Road East, Suite C • Bozeman, Montana 59718 • tel: 406-922-2000 • fax: 406-922-2001