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TERMS
& CONDITIONS
The Park Evanston (“PARK EVANSTON”) is leased and managed by Lincoln Property Residential (“Lincoln Property Residential”). Individuals who visit (the “Users”) the PARK EVANSTON Web site operated under URL http://www.parkevanston.com and PARK EVANSTON Locate Roommate Web site operated under URL http://www.parkevanstonroommate.com (the “Sites”) represent that they have read and understand, and agree to be bound by, these Terms and Conditions. User’s use of the Sites will constitute acceptance of these Terms and Conditions. If User does not agree to these Terms and Conditions, User should neither access nor use the Sites. USE OF THE SITES PARK EVANSTON’s Sites Contents (as defined in the “Intellectual Property” section below) may not be copied, reproduced, modified, published, displayed, uploaded, posted, reposted, distributed, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without PARK EVANSTON’s prior written permission. Users of PARK EVANSTON’s Sites assume all risks. PARK EVANSTON’s Sites and its Contents may not be current, complete, accurate or adequate. Users should verify the accuracy, completeness, applicability and adequacy of all Contents contained in PARK EVANSTON’s Sites before relying on it. PARK EVANSTON makes no warranties or representations as to PARK EVANSTON’s Sites Contents accuracy, unavailability, completeness or timeliness. PARK EVANSTON specifically disclaims any liability or responsibility for any errors and/or omissions in the Contents on its Sites. PARK EVANSTON hereby disclaims any duty or obligation to provide any content updates. PARK EVANSTON will not accept any unsolicited proposals or work product, and the submission or transmission of unsolicited concepts, ideas, artwork, creative, business or marketing strategies, or any other materials from PARK EVANSTON’s Sites Users will be considered non-confidential and non-proprietary. PARK EVANSTON’s Sites Users that send such unsolicited communication to PARK EVANSTON consent that PARK EVANSTON may use such communication materials for any and all commercial or non-commercial purposes without compensation, obligation or recognition of any kind to said User. The User is prohibited from communicating with PARK EVANSTON and Lincoln Property Residential through a posting, email, form, submission or other transmission from or to PARK EVANSTON’s Site in which any portion of the communication is unlawful, obscene, pornographic, libelous, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. PARK EVANSTON’s Site Users are further prohibited to communicating through a posting, email, form, submission or other transmission from or to PARK EVANSTON’s Sites, Lincoln Property Residential or Roommate Prospects in which any portion of the communication consists of or contains software viruses, chain letters, political campaigning, commercial solicitation, mass mailings, or any form of "spam." Users MAY NOT use a false e-mail address, misrepresent affiliations, impersonate any person or entity, or otherwise mislead PARK EVANSTON, Lincoln Property Residential or Roommate Prospects as to the location of the communication or content. Users MAY NOT forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Sites. No permission is hereby granted to any User to link from any other Web site to any portion of this PARK EVANSTON Sites, or to frame any content contained on this Sites without PARK EVANSTON's prior written permission. LISTINGS AND FLOOR PLANS Through PARK EVANSTON’s Sites, Users can access floor plans of available residential space and related pricing ranges that maybe available for lease by PARK EVANSTON. While PARK EVANSTON endeavors to keep these floor plans and pricing ranges accurate and up-to-date, we are unable to provide any assurance as to the accuracy of such information. All information is subject to change without notice. LOCATE ROOMMATE WEB SITE The PARK EVANSTON provides Users with a Locate Roommate Web site operated under the URL http://www.parkevanstonroommate.com as a free method to locate potential roommates. PARK EVANSTON’s Locate Roommate Web site Users certify that they are 18 years of age or older and agree that any information that they provide on the Locate Roommate Web site (or others through this site) is true, correct, current and complete information. Users also agree to maintain and promptly update their Account Information to keep it true, accurate, correct, current and complete. Locate Roommate Users are responsible for all activities that occur under their account. Locate Roommate Users agree to protect and safeguard it against unauthorized use and immediately notify the PARK EVANSTON of any unauthorized use of their account or any other security breach. The PARK EVANSTON and its designees have the right (but not the obligation) in its sole discretion to suspend or terminate Users accounts, refuse or remove any Content on the Locate Roommate Web site for any reason deemed reasonable, in its sole discretion. The PARK EVANSTON has the right to modify or discontinue the Locate Roommate Web site at any time. Users agree that the PARK EVANSTON shall not be liable to Users or to any third party for any modification, suspension or discontinuance of the Web site. The PARK EVANSTON DOES NOT pre-screen Content or endorse any potential roommates who list on its Locate Roommate Web site. The PARK EVANSTON does not make any representations as to the Users’ individual character, credit worthiness, rental history or capacity to pay their rent. It is each Users responsibility to determine the character and suitability of any prospective roommate. INTELLECTUAL PROPERTY PARK EVANSTON’s Sites text, graphics, images, logos, button icons, downloads, contact forms, screens, computer code, video, audio, animation, software, the overall design of Sites, selection, arrangement and presentation of all materials of whatever kind on the PARK EVANSTON Sites (the “Contents”) are owned and copyrighted by PARK EVANSTON and/or other parties. The PARK EVANSTON Site Contents may also contain or reference trademarks, products, logos, copyrights, patents, trade secrets, technologies, processes or other proprietary rights of third parties ("Intellectual Property"). All such Intellectual Property is the property of its respective owner, which maybe PARK EVANSTON and/or other parties. Except as otherwise expressly stated herein, Users are not granted any license to use, or right in, any such Intellectual Property. Nothing in these Terms and Conditions shall be deemed to grant to User or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of PARK EVANSTON. PRIVACY Use of the PARK EVANSTON Sites constitutes the acceptance of PARK EVANSTON's Privacy Policy, which is incorporated by reference into these Terms and Conditions. Please review PARK EVANSTON’s Privacy Policy CHILDREN’S INFORMATION In compliance with the Childrens Online Privacy Protection Act, 15 U.S.C. ßß 6501-6506 and 16 C.F.R. ßß 312.1-312.12, PARK EVANSTON does not permit children under 13 years of age to become Users of the PARK EVANSTON Sites. By using the Sites, User represents that User is not under 13 years of age. MODIFICATION OF THE TERMS AND CONDITIONS Users are responsible for periodically reviewing PARK EVANSTON’s Terms and Conditions. Users continued use of the PARK EVANSTON Sites will be deemed an acceptance of PARK EVANSTON’s Terms and Conditions then in effect. PARK EVANSTON may, in its sole discretion, make changes at any time to the Sites or these Terms and Conditions. Any modifications to these Terms and Conditions will be effective upon posting. User’s continued use of the Sites following posting of any revised Terms and Conditions will constitute acceptance of the modified Terms and Conditions. UNAUTHORIZED USE OF THE SITES PARK EVANSTON reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to, action that imposes an unreasonable load on the Site. PARK EVANSTON's decision not to pursue legal action for any violation of the Terms and Conditions shall not be construed as a waiver of the Terms and Conditions or PARK EVANSTON's legal rights. In the event that any provision of PARK EVANSTON Web site Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. THIRD PARTY WEB SITES PARK EVANSTON may display on the Sites links to third party sites. PARK EVANSTON is not responsible for the contents of such links, or other materials relating to such linked sites, or any link contained in a linked site. The display of any link does not imply endorsement by PARK EVANSTON of the linked site. IN NO EVENT WILL PARK EVANSTON BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE. PROMOTIONAL MAILINGS AND NEWSLETTERS Users agree to receive occasional promotional mailings and e-mail newsletters relating to PARK EVANSTON. To opt-out of receiving such promotional mailings and e-mail newsletters, Users should contact PARK EVANSTON at contact@parkevanston.com. DISCLOSURE OF DATA User agrees PARK EVANSTON may disclose to third parties any information that User provides to PARK EVANSTON on the Sites upon order of court, administrative or regulatory body or other tribunal of competent jurisdiction, or as otherwise required by law. In that event, PARK EVANSTON will provide User notice of such disclosure to the extent permitted by law. The PARK EVANSTON is located in the United States and is intended for use within the United States. PARK EVANSTON makes no representation that the Sites and its Contents are appropriate or available for use in other locations. Users who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Users may not use or export the Sites or its Contents in violation of United States export laws and regulations. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL PARK EVANSTON, Lincoln Property Residential OR ITS EMPLOYEES, CLIENTS, PARTNERS OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF: THE USE OF OR INABILITY TO USE THE PARK EVANSTON SITES AND CONTENTS; INTERRUPTIONS IN AVAILABILITY; LOSS OF INFORMATION; VIRUSES THAT MAY INFECT USERS’ COMPUTER EQUIPMENT OR OTHER PROPERTY; UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS OR DATA; SITE DEFECTS; STATEMENT OR CONDUCT OR ANY THIRD PARTY ON THE PARK EVANSTON SITES; OR ANY OTHER MATTER RELATING TO THE PARK EVANSTON SITES EVEN IF PARK EVANSTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARK EVANSTON SITES AND ALL THE MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER, AND PARK EVANSTON, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. GOVERNING LAW Lincoln Property Residential’s headquarters are in the United States in the City of Dallas, Texas. The laws of the State of Texas will govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. User agrees that any action arising out of the Terms and Conditions or User’s use of this Sites shall be brought in state or federal court in Irving, Texas and User consents to the jurisdiction of such courts. MISCELLANEOUS User may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder. PARK EVANSTON's failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless PARK EVANSTON agrees to such waiver in writing. If any part of these Terms and Conditions is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms and Conditions set forth the entire understanding between User and PARK EVANSTON with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between User and PARK EVANSTON with respect to such subject matter. CONTACT If User has any questions relating to these Terms and Conditions or PARK EVANSTON, please contact PARK EVANSTON at contact@parkevanston.com |
