Terms of Use

These Terms of Use dated August 20, 2015 govern the use of www.joelambjr.com (Site) which is operated by Joe Lamb, Jr. and Associates, Inc. (JLJ) in order to assist users in selecting and monitoring vacation homes.  By accessing or using our Site in any manner, including, but not limited to, visiting or browsing our Site or contributing content or other materials to our Site, you accept and agree to these Terms.  You agree that any information you provide will be accurate, current, and complete. 

Privacy

The collection, use and disclosure of your personal information by JLJ is explained in a separate Privacy Policy located on the Site.  Please access and review the Privacy Policy

Use of Site

JLJ requires that our Site be used in a proper and lawful manner.  JLJ reserves the right to delete, remove, or edit material deemed abusive, defamatory, obscene, or in violation of intellectual property laws, when applicable.

Limited License 

Accessing our Site grants you a limited license to access for your personal use. This license does not include resale or commercial use; collection and use of any descriptions, prices, photos or videos; use of data mining, robots, or similar data gathering and extraction tools.  The Site or it’s contents may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without the express written consent of JLJ.   Any unauthorized use terminates the permission and license granted.

Your Owner or Guest Login

If you become a customer of our Site you are responsible for maintaining the confidentiality of your login information and restricting access to your login through your personal devices.  JLJ reserves the right to refuse service, terminate accounts, remove and edit content.

Intellectual Property 

All content on our Site, such as text, graphics, logos, images, and videos are the property of JLJ or other third parties. All trademarks that appear on our Site are the property of their respective owners. You must not infringe on any of these intellectual property rights. 

Communications & Other Content

Users of our Site may send communications to friends, ask questions, submit reviews, utilize JLJ social media sites to post comments, ask questions, post and share photos, post reviews and  comment on JLJ blog posts as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights or otherwise injurious to third parties.  You are responsible for maintaining the appropriateness and confidentiality of your input. 

Links to Other Sites 

Our Site may contain links to the sites of third-party vendors that are not owned or controlled by JLJ including but not limited to restaurants, transportation services, recreation services, tour operators, and Social Media sites. Some of these vendors may provide consideration for our links; however, JLJ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party vendors or their sites that you visit.  

Outer Banks Activities

Our Site and other literature that you may receive from us depicts participation in various area activities including but not limited to fishing, swimming, surfing and hang gliding. We do not advocate participation in any of these activities.  If you choose to participate please understand that they require skills and abilities that not everyone possesses. If you choose to participate do so with care but at your own risk. 

No Warranties

JLJ, does not warrant that a) our Site will function uninterrupted, secure, or available at any particular time or location, b) our Site is free of errors (including but not limited to home descriptions, photographs, distances to ocean, distances to accesses, ocean views and prices), c) our Site is free of viruses or other harmful components, or d) the results of using our Site will meet your requirements.  Your use of our Site is “As Is” and at your sole risk. 

Liability and Indemnity

In no event shall JLJ, nor its directors, employees, owners, guests, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, in an amount above the total cost of your vacation rental, and you agree to defend, indemnify, and hold them harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any individual rights. 

Governing Law

The use of this Site and these Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina. In the event of a dispute, you consent, submit, and waive all due process or any other objections to the exclusive jurisdiction and venue of State Courts in Dare County, North Carolina or Federal Courts in the Eastern District of North Carolina. You agree that such courts constitute a convenient forum in that JLJ and the vacation homes are located in Dare County, North Carolina.

Severability 

Every provision of these Terms of Use is intended to be severable, and if any term or provision hereof shall be declared illegal, invalid, or in conflict with North Carolina Law or the purposes of this agreement for any reason whatsoever, or if the enforcement of any provision shall be waived, the validity of the remainder of this agreement shall not be affected thereby. 

Changes to the Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms of Use by posting the updated terms on our Site.  Your continued use of our Site after any such changes constitutes your acceptance of the new Terms of Use as they apply to your actions on our site after the changes are published.  Please review the Terms of Use periodically for changes.  If you do not agree to any of these Terms of Use or any changes, do not use our Site. 

Questions

If you have any questions about these Terms of Use, please contact us.