TERMS AND CONDITIONS OF
USE
We have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve accomplished that
— and would ask that you let us know if you’d like to see improvements
or changes that would make it even easier for you to find the
information you need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using our
site you automatically agree to them. Naturally, if you don’t agree,
please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please continue to
check these terms to see what those changes may be! Your continued use
of the ApartmentWealthMachine.com Web site means that you accept those
changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the ApartmentWealthMachine.com site, including,
without limitation, text, software, names, logos, trademarks, service
marks, trade names, images, photos, illustrations, audio clips, video
clips, and music are copyrighted intellectual property. All usage
rights are owned and controlled by ApartmentWealthMachine.com. You, the
visitor, may download Online Materials for non-commercial, personal use
only provided you 1) retain all copyright, trademark and propriety
notices, 2) you make no modifications to the materials, 3) you do not
use the materials in a manner that suggests an association with any of
our products, services, events or brands, and 4) you do not download
quantities of materials to a database, server, or personal computer for
reuse for commercial purposes. You may not, however, copy, reproduce,
republish, upload, post, transmit or distribute Online Materials in any
way or for any other purpose unless you get our written permission
first. Neither may you add, delete, distort or misrepresent any content
on the ApartmentWealthMachine.com site. Any attempts to modify any
Online Material, or to defeat or circumvent our security features is
prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying
it, is considered licensed to you by ApartmentWealthMachine.com or
third-party licensors for your personal, non-commercial home use only.
We do not transfer title of the software to you. That means that we
retain full and complete title to the software and to all of the
associated intellectual-property rights. You’re not allowed to
redistribute or sell the material or to reverse-engineer, disassemble or
otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other
information that you send to ApartmentWealthMachine.com through our site
(other than information we promise to protect under our privacy policy
becomes and remains our property, even if this agreement is later
terminated.
That means that we don’t have to treat any such submission as
confidential. You can’t sue us for using ideas you submit. If we use
them, or anything like them, we don’t have to pay you or anyone else for
them. We will have the exclusive ownership of all present and future
rights to submissions of any kind. We can use them for any purpose we
deem appropriate to our ApartmentWealthMachine.com mission, without
compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make.
This means that you (and not we) have full responsibility for the
message, including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
ApartmentWealthMachine.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY
THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY
ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH
YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER
YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY
DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE
DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL
DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES
RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS
AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE
IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY
WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF
DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY
NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER
LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING
TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web
sites from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at sites
you can access through our site. If in doubt, always check the Uniform
Resource Locator (URL) address provided in your WWW browser to see if
you are still in a ApartmentWealthMachine.com-operated site or have
moved to another site. ApartmentWealthMachine.com is not responsible for
the content or practices of third party sites that may be linked to our
site. When ApartmentWealthMachine.com provides links or references to
other Web sites, no inference or assumption should be made and no
representation should be inferred that ApartmentWealthMachine.com is
connected with, operates or controls these Web sites. Any approved link
must not represent in any way, either explicitly or by implication, that
you have received the endorsement, sponsorship or support of any
ApartmentWealthMachine.com site or endorsement, sponsorship or support
of ApartmentWealthMachine.com, including its respective employees,
agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You
may terminate this agreement at any time, by destroying all materials
obtained from all ApartmentWealthMachine.com Web site, along with all
related documentation and all copies and installations.
ApartmentWealthMachine.com may terminate this agreement at any time and
without notice to you, if, in its sole judgment, you breach any term or
condition of this agreement. Upon termination, you must destroy all
materials. In addition, by providing material on our Web site, we do not
in any way promise that the materials will remain available to you. And
ApartmentWealthMachine.com is entitled to terminate all or any part of
any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the Texas, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to
violate ApartmentWealthMachine.com and/or its affiliates' intellectual
property rights, ApartmentWealthMachine.com and/or its affiliates may
seek injunctive or other appropriate relief in any state or federal
court in the State of Texas, and you consent to exclusive jurisdiction
and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Houston, Texas. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Houston, Texas, under the rules of the
American Arbitration Association. Judgment upon the award rendered by
the arbitration may be entered in any court with jurisdiction to do so.
ApartmentWealthMachine.com may modify these Terms of Use, and the
agreement they create, at any time, simply by updating this posting and
without notice to you. This is the ENTIRE agreement regarding all the
matters that have been discussed.
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