Web Site Notices
and Terms and Conditions of Use
1.
SITE USER AGREEMENT. The Network Multifamily Web Site is comprised of various Web
pages operated by Network Multifamily Corporation (“NMFC”) or its affiliates or
contractors (collectively, the "Site"). The Site is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Site constitutes your agreement
to all such terms, conditions, and notices. Additionally, various NMFC Web
Pages may themselves contain additional terms that govern particular features
or offers (for example, sweepstakes areas). In the event that any of the terms,
conditions, and notices contained herein conflict with the Additional Terms or
other terms and guidelines contained within any particular NMFC Web Page, then
these terms shall control. If you do not agree to these terms, do not use this
Site.
2.
MODIFICATION OF THESE TERMS OF USE. NMFC reserves the right to
change the terms, conditions, notices and information contained on the Site,
and reserves the right to make changes at any time and for any reason without
notice or obligation. By entering this Site you acknowledge and agree that you
shall be bound by any such revisions. You are responsible for regularly
reviewing these terms and conditions.
3.
NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Site is for your non-commercial
informational purposes only as necessary to do business with NMFC, or for
evaluating or purchasing NMFC products and services. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software,
products or services obtained from the Site without NMFC's written consent.
4.
INTELLECTUAL PROPERTY. The trademarks, logos and service marks ("Marks")
displayed on the Site are the property of NMFC and other parties. Users are
prohibited from using any Marks for any purpose including, but not limited to,
use as metatags on other pages or sites on the World
Wide Web without the written permission of NMFC or such third party which may
own the Marks. All information and content available on or through the Site
("Content") are protected by copyright. Users are prohibited from
modifying, copying, distributing, transmitting, displaying, publishing,
selling, licensing, creating derivative works or using any Content available on
or through the Site for commercial or public purposes. Without in any way
waiving any of the foregoing rights, you may download one copy of the material
on this Site for your personal, non-commercial home use only, provided you do
not delete or change any copyright, trademark or other proprietary notices.
Modification or use of the material on this Site for any other purposes
violates NMFC's legal rights. Any unauthorized use of these materials may
subject you to penalties or damages, including but not limited to those related
to violation of trademarks, copyrights, privacy, and publicity rights.
5.
NO LIABILITY. By entering this Site you acknowledge and agree that (1) your use
is at your own risk, AND (2) none of the parties involved in creating,
producing, or delivering this Site is liable for any direct, indirect,
incidental, consequential, or punitive damages, or any other losses, costs, or
expenses of any kind (including legal fees, expert fees, or other
disbursements) which may arise, and regardless of WHETHER THE THEORY OF
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, through your (a) access to, use of, or browsing of this Site or (b)
downloading of any materials, data, text, images, video or audio from this
Site, including but not limited to anything caused by any viruses, bugs, human
action or inaction or any computer system, phone line, hardware, software or
program malfunctions, or any other errors, failures or delays in computer
transmissions or network connections., EVEN IF NMFC OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
6.
PRIVACY. By entering this Site you acknowledge and agree that any
communication or material you transmit to this Site or NMFC, in any manner and
for any reason, will not be treated as confidential or proprietary unless
specifically stated otherwise in our Privacy Policy. This Site is designed for Users
twenty-one years of age or older. NMFC does not knowingly solicit data from
children, not does it knowingly market the Site to children.
7.
LINKED SITES. Although this Site may be linked to other sites ("Linked
Sites"), NMFC is not, directly or indirectly, implying any approval,
association, sponsorship, endorsement, or affiliation with the linked site. By
entering this Site you acknowledge and agree that NMFC has not reviewed all the
sites linked to this Site and is not responsible for the Content of any
off-site pages or any other site linked to this Site. NMFC is not responsible
for webcasting or any other form of transmission
received from any Linked Site. NMFC is providing these links to you only as a
convenience. Your linking to any other off-site pages or other sites is at your
own risk.
BY
LINKING TO NMFC'S WEB SITE ("SITE"), YOU AGREE THAT YOU WILL ABIDE BY
THE LINKING TERMS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT LINK
TO THIS SITE. By
Linking to NMFC's Site, you agree that you will not, directly or indirectly:
·
Violate any applicable trademark, copyright or other law in
connection with your linking to the Site, or otherwise unlawfully copy or
replicate Site content;
·
Frame or "deep link" to the Site content, or otherwise
indicate that the Site content is the property of anyone other than NMFC;
·
State or imply that NMFC is endorsing you, your company or business,
your web site or its contents, your products or services;
·
Publish false, misleading or inaccurate information about NMFC or
its products or services, or that of any of NMFC's affiliates or their
respective products and services;
·
Disparage NMFC or its products or services, or any of NMFC's
affiliates or their respective products and services;
·
Use NMFC's trademarks, logos, copyrighted material or other
intellectual property without first receiving prior written permission from NMFC;
·
Include on your site, or link to your site, any illegal material or
material that a reasonable person could consider pornographic, sexually
suggestive, violent, racist, or otherwise distasteful, offensive or
controversial;
·
Attempt to interfere with the normal operation of the Site in any
way, or change or delete any proprietary notice relating to materials
downloaded from the Site.
LIMITED
LICENSE Subject
to the foregoing NMFC hereby grants you a non-exclusive, non-transferable,
limited right to access, use and display this Site and the materials thereon.
Except for this limited license, NMFC grants no express or implied right to you
under any patent, trademark, copyright, trade secret or other information.
8.
NO WARRANTY. Although the specifications, features, illustrations, equipment
and other information contained in the Site are based upon up-to-date
information, and while NMFC makes all reasonable efforts to ensure that all
material on this Site is correct, accuracy cannot be guaranteed and NMFC makes
no warranties or representations as to its accuracy. UNDER NO CIRCUMSTANCES
WILL NMFC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INformATION OBTAINED THROUGH THE SITE OR A LINKED SITE. You
may not use or rely on any INformATION, PRODUCT OR
SERVICE OBTAINED FROM THE SITE OR FROM A LINKED SITE except to the extent
provided in a formal contract (whether "click-through" or otherwise,
a "contract") you may enter into with NMFC. IT IS THE RESPONSIBILITY
OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY
OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A
LINKED SITE. All content information and materials contained in this Site are
provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
AND/OR ACCURACY.
9.
PRODUCT AND SERVICE AGREEMENTS; OTHER AGREEMENTS. In the event you elect to obtain
NMFC consumer products or consumer services either through this Site or through
other means, your relationship with NMFC shall be governed by a Contract which
you shall be required to execute, and which shall control over any inconsistent
term, condition, provision or information contained on the Site. NMFC's
products and services are available only in certain geographic regions within
the United States of America. The product and services
descriptions and advertisements contained on the NMFC Site do not constitute an
offer to sell products or services, but are solicitations to the User to make
an offer to purchase such products and services.
10.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Site, you warrant to NMFC
that you will not use the Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
11.
MATERIALS PROVIDED TO NMFC OR POSTED AT THE NMFC WEB SITE. NMFC does not claim ownership of
the materials you provide to NMFC (including feedback and suggestions) or post,
upload, input or submit to the Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting NMFC, its affiliated companies
and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. NMFC is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in NMFC's sole
discretion. By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control all of
the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
12.
SERVICE CONTACT: customerservice@protectionone.com
13.
TERMINATION/ACCESS RESTRICTION. NMFC reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice.
14.
GENERAL. This Site is designed for use in the United States and is to be construed and
evaluated according to United States law. If you use this Site from
locations outside the United States, you are responsible for
compliance with any and all applicable local laws. NMFC makes no
representations that the materials contained within this Site are appropriate
for locations outside the United States. Use of the Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation, this paragraph. Users of the Site
agree to submit to the laws of the United States and the State of Texas, without regard to principles of
conflicts of laws contained therein. Users also agree to submit to jurisdiction
and venue in Dallas County, Texas. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and NMFC as a result of this
agreement or use of the Site. The Site is subject to existing laws and legal
process, and nothing contained herein is in derogation of NMFC's right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site, or information provided to or gathered by NMFC
with respect to such use. If any part of these Terms and Conditions is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then 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 hereof shall continue in
effect. Unless otherwise specified herein, these Terms and Conditions
constitute the entire agreement between the User and NMFC with respect to the
Site and your use thereof, and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
User and NMFC with respect thereto. A printed version of these Terms and
Conditions and of any notice given in electronic form shall be admissible in
judicial, arbitral, administrative or other proceedings based upon or relating
to these Terms and Conditions to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
