These Terms of Use (defined below) apply to your access to and use of the Riverfront at Promenade Park and any other website that directs to these Terms of Use (collectively, the “Website”), and the information and services available through the Website. By using our Website, you accept and agree to comply with all of the terms and conditions set forth below, which form a legally binding agreement between you and the Riverfront at Promenade Park and its applicable subsidiaries and/or affiliates (“us”, “our” or “we”) (such agreement, the “Terms of Use”). Please see our Privacy Policy for terms applicable to our data collection and use practices, the terms of which are incorporated in these Terms of Use by reference.
Updates and Effective Date
We reserve the right to change these Terms of Use from time to time, as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. If we make a change to these Terms of Use that reduces or significantly changes your rights or responsibilities hereunder, we will notify you via a notice on our Website (such as a banner on the homepage). If you object to any of the changes we make, your choice is to stop using our Website. Your continued use of the Website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our Website may change, and we may restrict access to, suspend or discontinue the Website, or any portion of the Website, at any time.
Scope of Terms of Use.
This Website is a service we provide to help bring us together with prospective residents and facilitate transactions and communications with current residents. These Terms of Use, together with our Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof. Please be aware that if you apply to be a resident at one of our communities, and if you actually become one of our residents, you will also be subject to the documentation related to those transactions.
Use At Your Own Risk.
The material that appears on the Website is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on any information you have found on the Website, you should independently confirm any facts that are important to your decision. For example, the availability and pricing of any unit or property listing is subject to change, and you should contact us to verify pricing information and other aspects of the listing. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH OUR WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE. We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to the email or mailing address listed in the “Contact Us” section below, along with an explanation of your concern.
Third Party Links.
Our Website may provide links or references to third party sites that we do not operate, and which will allow you to leave our Website or open an additional browser connecting you to the third-party site. We have no responsibility for the content of such third-party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third-party sites. Any such links to third party sites are provided as merely a convenience to the users of the Website, and such links do not imply endorsement by us of such other third party sites or the content contained therein. We disclaim all liability with regard to your access to such linked web sites, and access to any other websites linked to the Website is at your own risk. You should consult the terms of use and privacy policy of any other website.
Ownership and Permissions.
As explained above, this Website is made available for your personal, non-commercial use only. The materials on this site are the property of this site or its affiliates or licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in these Terms of Use, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without our prior written consent You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from us. Requests for permission to reproduce or distribute materials found on this Website should be sent to email address listed in the “Contact Us” section below.
Trademarks or other intellectual property on this Website are our property, or the property of our affiliates or licensors. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on this Website without the prior written consent of the owner of the mark.
Registration.
To obtain access to certain services, you will be given an opportunity to register with this Website. As part of the registration process, you will be provided a username and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of usernames that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing this Website through any username/password assigned to you. You will notify us of any known or suspected unauthorized use of your account.
Disclaimer of Warranties and Limitation of Liability.
THIS WEBSITE IS PROVIDED TO YOU "AS IS", AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOUR USE OF THE WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. If you rely on this Website for any information, product or service available, including but not limited to application processes, lease execution or other transaction events through this Website, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. This Website and its affiliates, agents and licensors, cannot and do not warrant the accuracy, completeness, currentness, non-infringement, merchantability or fitness for a particular purpose of the information available through this Website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this Website), nor do we or they guarantee that the Website will be error free, or continuously available, or that the Website will be free of viruses or other harmful components.
Under no circumstances will this Website or its affiliates, agents or licensors be liable to you or anyone else for any damages other than direct damages, arising out of your use of the Website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if we are advised beforehand of the possibility of such damages. You agree that the our liability and the liability of our affiliates, agents and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to the Website will not exceed the amount you paid, if any, for the use of the Website out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Violation of Terms of Use.
As described in our Privacy Policy, we may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of our Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Website. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Without limiting any other provision of these Terms of Use, you acknowledge and agree that we may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Services, including but not limited to our Privacy Policy. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
Release and Indemnity.
You hereby release and agree to indemnify, defend and hold harmless us and our owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorneys’ fees, arising from or relating to (i) your breach of these Terms of Use or any matter for which you are responsible or liable under the terms of these Terms of Use, or (ii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Claims of Infringement.
We respect the rights of all copyright holders and in this regard have adopted and implemented a policy that provides for the removal of content from the Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our us as directed in the “Contact Us” section below, and include the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
- 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 information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
- A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Miscellaneous.
These Terms of Use have been made in, and will be construed in accordance with the laws of the state in which this company is incorporated. By using this Website, you consent to the exclusive jurisdiction and venue of the state and federal courts of the state in which this company is incorporated in all disputes arising out of or relating to this Agreement or use of this Website.
You shall use the Website and the information, products and services available through the Services for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying the Website or the information, products or services available through the Website will not be permitted.
Contact Us.
Please send all inquiries regarding our Website, these Terms and Conditions, and any copyright inquiries or notifications of claims of infringement to us via one of the following communication methods: by telephone at (317) 845-4171, or by mail to:
124 W. Superior Street
Fort Wayne, IN 46802