The content, organization, videos, photos, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Sites are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Sites, except as allowed by Section 3 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Sites. Some of the content on the sites is the copyrighted work of third parties.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Sites strictly in accordance with this Agreement; (b) to use the Sites solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Sites solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Sites or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
In compliance with the Children's Online Privacy Protection Act of 1998, austinresidence.com does not accept registrations or form submissions from those under 13 years of age. By registering or submitting forms on austinresidence.com, you represent that you are at least 13 years old.
You may provide links to the Sites, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Sites, (b) your site does not engage in illegal or pornographic activities, (c) you inform us of your plan to provide a link, prior to posting the link, and (d) you discontinue providing links to the Sites immediately upon request by us.
We do not represent or warrant that the Sites will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Sites will be correct, accurate, timely or otherwise reliable. The accuracy of information on our Sites is not guaranteed and should be independently verified. For example, property information such as availability, features, on-site amenities, nearby amenities, floor plans, pet policies, nearby bus routes, and prices are subject to change without prior notice. We may make changes to the features, functionality or content of the Sites at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Sites.
Third party content may appear on the Sites or may be accessible via links from the Sites. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Sites. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. If you decide to leave our Sites and access these third-party sites, you do so at your own risk.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Sites.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Sites or any services or products obtainable therefrom, (2) the unavailability or interruption of the Sites or any features thereof, (3) your use of the Sites, (4) the content contained on the Sites, or (5) any delay or failure in performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITES AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Austin, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to the Sites (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Sites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.
Each party agrees to personal jurisdiction in any action brought in any court, Federal or State, within the County of Travis, State of Texas having subject matter jurisdiction over the matters arising under this Agreement. Any suit, action or proceeding arising out of or relating to this Agreement shall only be instituted in the County of Travis, State of Texas. Each party waives any objection which it may have now or hereafter to the laying of the venue of such action or proceeding and irrevocably submits to the jurisdiction of any such court in any such suit, action or proceeding.
You agree that austinresidence.com, in its sole discretion, may terminate your access to the Sites, for any reason, including if we, in our sole opinion, believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Sites under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may bard any further access to the Sites. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Sites.
This Agreement was last modified on September 3, 2014.
If you have any questions regarding this Agreement, please contact us at info @ austinresidence.com ( email@example.com ) .