We reserve the right to terminate your access to the Online Services at any time and for any reason and to withdraw or amend the Online Services, and any material, content, or offerings, we provide on the Online Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Online Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts, or all, of the Online Services, including registered users. You are responsible for making all arrangements necessary for you to have access to the Online Services and ensuring that all persons who access the Online Services through your internet connection are aware of the Terms and comply with them.
The Online Services may contain links to other websites that are owned and operated by our business partners, third party vendors or other third parties. This includes links contained in advertisements, such as banner advertisements and sponsored links. Clicking on such a link to a third party website will cause you to leave the Online Services. The third party websites are not controlled by us and we are not responsible for the content of any third party website or any link contained in any third party website. We do not represent or warrant that the content of these websites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer, network, or system. We are not responsible for any webcasting or any other form of transmission received from any third party linked website. All third party links are provided to you as a convenience and the inclusion of any third party link does not imply endorsement by us of the third party website, and access to any other websites linked to the Online Services is at your own risk. By using the Online Services to link to another website, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the Online Services to link to a third party website.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Online Services. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of the Terms, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend access to the Online Services to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms could subject you to criminal or civil penalties.
ALTHOUGH WE ATTEMPT TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, WE ASSUME NO RESPONSIBILITY FOR, NOR GUARANTEE, THE ACCURACY OF THE INFORMATION OR MATERIALS ON THE ONLINE SERVICES (INCLUDING THIS WEBSITE), AND SUCH INFORMATION OR MATERIALS MAY, AT TIMES, CONTAIN INACCURACIES, MISSTATEMENTS, OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, WE MAY NOT UPDATE THE ONLINE SERVICES (INCLUDING THIS WEBSITE) ON A DAILY, MONTHLY, OR OTHER REGULAR BASIS. AS SUCH, THE INFORMATION AND MATERIALS CONTAINED ON THE ONLINE SERVICES (INCLUDING THIS WEBSITE) MAY BE OUT-OF-DATE OR INCLUDE OMISSIONS OR OTHER ERRORS. WE MAY CHANGE THE INFORMATION OR MATERIALS PROVIDED ON THE ONLINE SERVICES (INCLUDING THIS WEBSITE) AT ANY TIME WITHOUT NOTICE. WE DO NOT WARRANT (I) THAT THE ONLINE SERVICES (INCLUDING THIS WEBSITE) WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (II) THAT DEFECTS, INACCURACIES, OR MISSTATEMENTS ON THE ONLINE SERVICES (INCLUDING THIS WEBSITE) WILL BE CORRECTED, OR (III) THAT THE ONLINE SERVICES (INCLUDING THIS WEBSITE) OR THE SERVER MAKING IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR FROM THE ONLINE SERVICES (INCLUDING THIS WEBSITE) WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE, HARMFUL, OR MALICIOUS CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE ONLINE SERVICES (INCLUDING THIS WEBSITE) FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE SERVICES (INCLUDING THIS WEBSITE). THE ONLINE SERVICES (INCLUDING THIS WEBSITE) ARE PROVIDED BY US ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND ONLY FOR GENERAL INFORMATIONAL PURPOSES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9.1. You may use the Online Services only for lawful purposes and in accordance with the Terms. You agree not to use the Online Services: (i) in any way that violates any applicable federal, provincial, state, local, municipal, or regional, or international, law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information (as defined in our Privacy Policy) or otherwise, (iii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation, (iv) to impersonate or attempt to impersonate our company, any of our employees, any of our business partners (including tenants), or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing), (v) to engage in any other conduct that restricts or inhibits any party’s use or enjoyment of the Online Services, or which, as determined by us, may expose us or a third party to liability.
9.2. You further agree not to undertake the following: (i) use the Online Services in any manner that could disable, overburden, damage, or impair the Online Services or interfere with any other party’s use of the Online Services, (ii) use any robot, spider, or other automatic device, process or means to access the Online Services for any purpose, including, without limitation, monitoring or copying any of the material on the Online Services, (iii) use any manual or automated process to monitor or copy any of the material on the Online Services or for any other unauthorized purpose without our prior written consent, (iv) use any device, software or routine that interferes with the proper working of the Online Services, (v) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the Online Services, (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Online Services, the server on which the Online Services is stored, or any server, computer or database connected to the Online Services, (vii) attack the Online Services via a denial-of-service attack or a distributed denial-of-service attack, (viii) modify, adapt, translate, enhance, remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change the Online Services, (ix) prepare derivative works or improvements of the Online Services, (x) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Online Services to any third party, except as expressly permitted herein, (xi) reverse engineer, disassemble, decompile, decode, or adapt the Online Services, or attempt to derive or gain access to the source code of the Online Services, in whole or in part, (xii) bypass or breach any security device or protection used for or contained in the Online Services, and (xiii) otherwise attempt to interfere with the proper working of the Online Services.
You hereby agree that the Company may, as we deem appropriate, communicate with you electronically, including by email to any email address that you provide to us or by posting notices on the Online Services. You acknowledge and agree that (i) all electronic communications that the Company furnishes to you satisfy any and all legal requirements that such communications by us be in writing and (ii) any notice the Company furnishes to you electronically, including by direct email or posting notices to the Online Services, is considered to be delivered to you and received by you on the date the Company undertakes and completes the same. You further agree to provide notice, in writing, to the Company if your email address changes. In the event you provide the Company with a telephone number, you hereby agree that the Company may contact you at such telephone number about your use of the Online Services, about any of our other services or offerings, or for general informational purposes. You represent to the Company that you are the owner or licensee of any such telephone number you provide to the Company, you have the full right and authority to provide any such telephone number to the Company for the purposes described herein, and you will provide notice, in writing, to the Company in the event you no longer own or license the telephone number that was provided to the Company. All demands, communications, or notices from you to the Company that are legal in nature, including complaints regarding the Online Services, must be provided in writing and in accordance with the “Contact Us” section provided for below.
We may terminate or suspend your access to all or part of the Online Services, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Online Services or is in violation of any applicable law or the Terms, or for any other reasons set forth herein.
You agree to defend, indemnify and hold harmless the Company and our affiliates, business partners, licensors and service providers, and our and their respective officers, directors, managers, employees, contractors, brokers, agents, licensors, suppliers, neighbors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to your violation of the Terms or our Privacy Policy or your use of the Online Services, including, but not limited to, any use of the Online Service’s content, information, materials, offerings, or products.
We are headquartered in the United States. We provide the Online Services for use only by persons located in the United States. We make no claims that the Online Services or any of its content is accessible or appropriate outside of the United States. Access to the Online Services may not be legal by certain persons or in certain countries. If you access the Online Services from outside the United States, you do so on your own risk and initiative and are responsible for compliance with local laws.
The Terms (including the Privacy Policy) shall be governed by the laws of the State of Connecticut (United States), without regard to any conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms shall be filed only in the state or federal courts of Fairfield County, Connecticut, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. AT THE SOLE DISCRETION OF THE COMPANY, WE MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THE TERMS (INCLUDING OUR PRIVACY POLICY), INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CONNECTICUT LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS (INCLUDING OUR PRIVACY POLICY) OR THE ONLINE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We reserve the right to seek all remedies available at law and in equity for violations of the Terms, including the right to block access from a particular internet address to the Online Services.
The Online Services are owned and operated by us and the entire contents of the Online Services are subject to U.S. and international copyright protection and intellectual property laws. Unless otherwise specified, all materials appearing on the Online Services, including the text, site design, graphics, logos, icons and images, and audio and video clips, as well as the selection, assembly and arrangement thereof, are the sole property of us, our content providers or our business partners. Except as otherwise expressly permitted on the Online Services, you may only view, download, print and retain a copy of pages of the Online Services provided that (i) your use of such information from the Online Services is for your informational, personal and non-commercial use only, (ii) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (iii) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (iv) no modifications of such information shall be made. Except as expressly provided on the Online Services, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, modify, transmit, or distribute any information or material from the Online Services, in whole or in part, without our prior written permission. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Online Services in breach of the Terms, your right to use the Online Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Online Services or any content on the Online Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Online Services not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark and other laws and regulations.
We own or have rights to various trademarks, copyrights and trade names used in our business, including “OneWall Communities” “OneWall Partners” and “OneWall Management”. Other trademarks and trade names appearing on the Online Services are the property of their holders. The absence of a product, service, name, slogan or logo from a trademark does not constitute a waiver of any trademark or other intellectual property rights. The use of any of our trademarks, copyrights, or trade names without our express written consent is strictly prohibited.
You may link your social media account to the Online Service’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without our express written consent. The Online Services may provide certain social media features that enable you to (i) link from your own or certain third-party websites to certain content on the Online Services, (ii) send emails or other communications with certain content, or links to certain content, on the Online Services, or (iii) cause limited portions of content on the Online Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: establish a link from any website that is not owned by you; cause the Online Services or portions of it to be displayed on, or appear to be displayed by, any other site (e.g., framing, deep linking, or in-line linking); or otherwise take any action with respect to the materials on the Online Services that is inconsistent with any other provision of the Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
No waiver by the Company of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
At any time, we reserve the right to add to, modify or remove portions of the Terms. The effective date of the Terms will be included at the beginning of the Terms, and will serve as a notice when changes have been implemented to the Terms. It is your responsibility to review the Terms to determine if any revisions have been made. Your continued use of the Online Services after any revisions have been made will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The Terms, including our Privacy Policy and any other relevant document or policy incorporated or otherwise referenced herein, constitute the sole and entire agreement between you and the Company regarding the Online Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Services.
If you have any questions regarding the Terms, correspondence may be sent to OneWall Management, ATTN: Legal Department, 707 Summer Street, 5th Floor, Stamford, CT 06901
