TERMS OF USE
Last Updated: March 1, 2010
This website at www.bridgeviewapts.com
(the “Website”) is made available to you by Greystar Real Estate
Partners, LLC (“Greystar”). Please read these terms of use (the “Terms
of Use”) carefully before accessing, viewing or using the Website. By
accessing, viewing or using the Website, you agree to be bound by all the Terms
of Use. If you do not agree to all the Terms of Use, you do not have the right
to access, view or use the Website. Greystar may modify the Terms of Use from
time to time, in Greystar’s sole discretion. You are responsible for complying
with the most current version of the Terms of Use posted on the Website. Your
use of the Website following any modifications will signify your consent and
acceptance of such revised Terms of Use.
The Terms of Use do not alter the terms and conditions of any
agreement you may have with Greystar or its affiliates. Except as expressly set
forth otherwise in a signed agreement between you and Greystar, the Terms of Use
are the entire agreement between you and Greystar and supersede all prior or
contemporaneous negotiations, discussions or agreements between you and Greystar
about this Website.
Use of Copyrighted Materials/Trademarks
Any materials on the Website, including without limitation any
documentation, content, text, data, graphics, images, video and audio clips,
interfaces or other materials, information or works of authorship are
copyrighted materials (i) owned by Greystar (collectively, the
“Materials”) or (ii) provided by third party licensors and suppliers to
Greystar (collectively, the “Third Party Content”). All rights not
expressly granted in and to the Website, the Materials and the Third Party
Content are reserved to their respective owners, subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. You agree to abide by all copyright notices and
trademark, information and other restrictions in connection with the Website,
including without limitation any Materials and Third Party Content therein.
The Materials contain trademarks, service marks and trade names
which are owned by Greystar and its affiliates. Except as otherwise noted in the
Website, you are hereby authorized to view, download, cache, copy and print the
Materials solely for your personal, non-commercial use and not for resale or
further distribution, retransmission, subject to the following conditions:
1. Any copy of the Materials or portion thereof must include
all copyright notices appearing on the original.
2. Greystar reserves the right to revoke such authorization at
any time, and any such use by you shall be discontinued immediately upon notice
from Greystar.
The Third Party Content may also contain brand and product
names which are trademarks, service marks or trade names of third parties which
are the property of their respective owners. Unless you have permission from the
owner of the Third Party Content, you agree only to display the Third Party
Content on your personal computer solely for your personal or internal business
use. You acknowledge and agree that you have no right to download, cache,
reproduce, modify, distribute, display (except as set forth in this paragraph),
edit, alter or enhance any of the Third Party Content in any manner unless you
have permission from the owner of the Third Party Content. You acknowledge and
agree that the Third Party Content does not reflect the views of Greystar and
that Greystar is not responsible for any views, ideas, positions, materials and
the like contained in any Third Party Content.
Nothing contained in the Website shall be construed as
conferring any license or right under any copyright, trade secret, patent,
trademark or other intellectual property rights (“IP Rights”) of
Greystar, its affiliates, or any third party, and, except as expressly provided
herein, all such IP Rights in the Materials and Third Party Content on the
Website are expressly reserved to Greystar, its affiliates, and/or any third
party, as applicable. Without limiting the generality of the foregoing, unless
you have the express prior written consent of Greystar or written permission
from a third part with respect to such party’s Third Party Content, you may not
(i) distribute the Website, or any portion thereof or content (including without
limitation Materials and Third Party Content) of any kind included therein, in
any medium, (ii) modify the Website, or any portion thereof, (iii) access the
Materials and Third Party Content through any technology or means other than
those provided on the Website itself, (iv) use the Website, or any portion
thereof or content of any kind included therein, in any medium, for any
commercial use, or (v) transmit, broadcast, display, sell, license or otherwise
exploit the Website (including without limitation Materials and Third Party
Content) for any other purpose whatsoever without the prior written consent of
the respective owners.
Hyperlinks to this Site
You are granted a limited, nonexclusive right to create a
"hypertext" link to the Website provided that such link is to the entry or home
page of this Website and does not portray Greystar or any of its products or
services in a false, misleading, derogatory, or otherwise defamatory manner.
This limited right may be revoked by Greystar at any time for any reason
whatsoever. You may not use, frame, or utilize framing techniques to enclose any
Greystar trademark, logo or trade name or other proprietary information
including the Materials found at or on the Website, the content of any text or
the layout/design of any page of the Website or any form contained on a page of
the Website without the express prior written consent of Greystar in each
instance. In addition, you may not use any meta-tags or any other "hidden text"
utilizing a Greystar or Greystar affiliate name, trademark, or product name
without Greystar’s express written consent in each instance.
Links to Third Party Websites
The Website may be linked to other websites on the World Wide
Web or Internet that are not affiliated with, under the control of, or otherwise
maintained by Greystar. If you use these links, you may leave the Website.
Greystar has not reviewed any of these third party sites and does not control
and is not responsible for any of these sites or their content. Greystar does
not endorse any opinion, recommendation or advice expressed therein or make any
representations about third party sites, their usefulness, safety or
intellectual property rights of or relating to such content, or any information
or other products, services or materials found there, or any results that may be
obtained from using them, and Greystar expressly disclaims any and all liability
in connection with such third party sites. You understand and acknowledge that
you may be exposed to content that is inaccurate, offensive, indecent, or
objectionable, and you agree to waive and hereby do waive, any legal or
equitable rights or remedies you have or may have against Greystar in connection
therewith. You further understand and acknowledge if you decide to access any of
the third party sites linked to the Website, you do so entirely at your own
risk.
Noninterference
You shall not circumvent, disable or otherwise interfere with
security-related features of the Website or features that prevent or restrict
use or copying of any Materials and/or Third Party Content or enforce
limitations on use of the Website or any such content therein.
DISCLAIMER OF WARRANTIES
Except as may be expressly set forth otherwise in a written
agreement between you and Greystar or a Greystar affiliate, Greystar has no
special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE,
INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD PARTY CONTENT SHALL BE AT YOUR
OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. GREYSTAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i)
ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD PARTY CONTENT, (ii)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE
OF GREYSTAR’S SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
To the extent Greystar is managing a property where you are
renting or buying a home, you must rely solely on your own investigation and
conclusions regarding such home, including without limitation conclusions
involving construction, engineering, and financial matters. Information on the
Website should not be relied upon for accuracy, timeliness and completeness and
projections, forecasts and estimates on the Website are not guarantees or
current or future performance.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GREYSTAR BE LIABLE TO YOU OR ANY THIRD PARTY
CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE,
YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO
EVENT WILL GREYSTAR BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES,
INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FORM CLAIMS RELATED TO PERSONAL
INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER
ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF
THE FORM OF THE ACTION AND REGARDLESS OF WHETHER GREYSTAR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO
EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF GREYSTAR FOR DAMAGES UNDER THE
TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Press Releases
The information contained within press releases issued by
Greystar and its affiliates should not be deemed accurate or current except as
of the date the release was posted. Greystar and its affiliates have no
intention of updating, and specifically disclaim any duty to update, the
information in the press releases.
Equal Housing Opportunity
Greystar subscribes to U. policy for the achievement of equal
housing opportunity throughout the United States, including promoting an
affirmative advertising and marketing program in which race, color, religion,
sex, handicap, familial status, or national origin are not barriers to obtaining
housing.
Digital Millennium Copyright Act
Greystar does not permit copyright infringing activities and
infringement of intellectual property rights on the Website.
If a person is a copyright owner or an agent thereof and
believes that any content posted on the Website infringes upon another’s
copyrights, such person may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing Greystar’s Copyright Contact with
the following information in writing (see 17 U.C 512(c)(3) for further detail):
-
A physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
-
Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site;
-
Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled and information reasonably
sufficient to permit the service provider to locate the material;
-
Information reasonably sufficient to
permit the service provider to contact the reporting person, such as an address,
telephone number, and, if available, an electronic mail;
-
A statement that the reporting person
has a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and
-
A statement that the information in
the notification is accurate, and under penalty of perjury, that the reporting
person is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Greystar’s designated copyright contact (“Copyright Contact”)
to receive notifications of claimed infringement is: 18 Broad Street,
3rd Floor, Charleston, SC 29401, attn: Derek Ramsey .
Please be advised that DMCA notices should go to the this Copyright
Contact; any other feedback, comments, requests for technical support, and other
communications should be directed to Greystar’s customer service through Webmaster@greystar.com. The complaining
person acknowledges that in the event he/she fails to comply with all of the
requirements of this Section, such person’s DMCA notice may not be valid.
If the person to who is allegedly infringing a copyright (as
reported by the complaining person above) believes that content that was removed
(or to which access was disabled) is not infringing, or that such person has
authorization from the copyright owner, the copyright owner's agent, or pursuant
to the law, to post and use the content, the person responding to the complaint
may send a counter-notice containing the following information to the Copyright
Contact:
-
The responding person’s physical or
electronic signature; Identification of the content that has been removed or to
which access has been disabled and the location at which the content appeared
before it was removed or disabled;
-
A statement that the responding person
has a good faith belief that the content was removed or disabled as a result of
mistake or a misidentification of the content; and
-
Such responding person’s name,
address, telephone number, and e-mail address, a statement that such responding
person consents to the jurisdiction of the federal court in Houston, Texas, and
a statement that he/she will accept service of process from the person who
provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Contact,
Greystar may send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed content or cease disabling
it in ten (10) business days. Unless the copyright owner files an action seeking
a court order against the content provider, member or user, the removed content
may be replaced, or access to it restored, in ten (10) to fourteen (14) business
days or more after receipt of the counter-notice, in Greystar’s sole discretion.
Indemnity
You agree to defend, indemnify and hold harmless Greystar and
its affiliates, officers, directors, owners, operators, employees, licensors and
agents, from and against any and all claims, actions, demands, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from, related to or in connection with: (i)
your use of and access to the Website, including without limitation any
Materials contained herein; (ii) your violation of any of these Terms of Use;
and/or (iii) your violation of any third party right, including without
limitation any Third Party Content or any other third party copyright, property,
or privacy right in connection with your use of or access to the Website.
General Provisions
Enforcement of the Terms of Use will be governed by Texas law,
excluding its conflict and choice of law principles. The exclusive jurisdiction
and venue for any claims arising out of or related to the Terms of Use or your
use of the Website will lie in the state or federal courts located in Texas and
you irrevocably agree to submit to the jurisdiction of such courts. The failure
of Greystar to enforce any right or provision in the Terms of Use will not
constitute a waiver of such right or provision unless acknowledged and agreed to
by Greystar in writing. In the event that a court of competent jurisdiction
finds any provision of these Terms of Use to be illegal, invalid or
unenforceable, the remaining portions will remain in full force and effect.
Contact Us
If you have any questions regarding the Website, please contact
Greystar by sending an email to Webmaster@greystar.com.
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