Effective Date: December 31, 2019
This Agreement governs your use of the Site and your access to and use of the content, postings, links, pages, services, products, features, and/or other materials offered on the Site and any other sites that Company may make available and that link to or otherwise incorporate this Agreement (which, collectively, constitute the “Services”). By accessing any of the Services, you agree you are bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules that may be published by Company on the Site. All rules are incorporated into this Agreement by this express reference. If you do not understand or agree to be bound by this Agreement, please do not access the Site or our Services.
THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE SECTION 13 BELOW FOR INFORMATION.
2. OWNERSHIP. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, materials, software, and computer code (“Content”), including without limitation the design, structure, selection, coordination, expression, and arrangement of such Content, used or appearing on the Site are the exclusive property of Company or its licensors and are protected by United States copyright, patent, trade dress, trademark, and other intellectual property rights or unfair competition laws. No copying, sale, or exploitation of material from the Services is permitted without the prior written consent of Company and any other applicable owner of intellectual property rights. You do not acquire any ownership rights by virtue of downloading material through the Services. If we request or permit the submission of your opinions, reviews, ideas, suggestions, emails, or feedback (collectively, “Feedback”), you grant Company a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense, and otherwise use your Feedback in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party. You represent that all Feedback submitted by you is owned solely by you or that you have the necessary approvals and permissions to grant the license described above, and that the license grant does not violate applicable law or the intellectual property rights or other rights of others. You acknowledge that prior to submitting Feedback, you may be required to sign an agreement prepared by Company that confirms these representations and licenses.
3. INTENDED USE. You may not duplicate, download, publish, modify, or otherwise distribute any material on this Site for any purpose other than for informational purposes unless authorized by Company in writing. You may not use this Site if you are under the age of 18 or lack legal capacity to enter into a contract. We make no representation that content, materials, or information available through the Site are appropriate or available for use outside of the United States.
Nothing contained on this Site or available through our Services or elsewhere should be construed, by implication or otherwise, as a warranty or representation that Company, or any affiliated property or entity, is adequately capitalized to conduct the business in which it is engaged.
All photographs and images on the Site are for illustrative purposes only. All renderings of views and exposure to light are for representational purposes only. Company makes no representations with respect to actual, current or future views from any particular elevation, floor, or unit, nor does Company make any representations as to accuracy by any existing or future construction or demolition by Company or a third party.
4. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. You may not use the Site Services to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have the permission of the owner; or (iii) infringes on any intellectual property rights of others or violates the privacy or rights of publicity of others.
6. YOUR CONDUCT. When using the Site and the Services, you agree to:
We may allow or require you to create an account to access or use some or all of our Services, such as resident portals. By creating an account, you agree to: (i) provide accurate and current information; and (ii) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any account you establish, decline to provide you with the Services, and/or refuse any or all current or future use of the Site or Services or any portion thereof. If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account credentials with anyone. You agree that you are responsible for all activities that occur under your account credentials, even if not authorized by you.
7. INFORMATION, NEWS, AND PRESS RELEASES. The Site may contain information, news, and/or press releases about us. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
9. ELECTRONIC COMMUNICATIONS. When you use the Site or Services, you may enter into agreements and effectuate communications electronically. You agree to the use of electronic records and signatures in association with the Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into through the Services or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Site or Services. You may have a legal right to receive certain information from us in writing. You agree that we may use email and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active email account, and you must have an Internet-connected device that is capable of receiving HTML emails and a method of storing or printing those emails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for Company to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed below. You confirm that you have the ability to access and retain emails.
11. REVISION/TERMINATION OF THE SERVICES. Company has the right, at any time, to modify or discontinue, temporarily or permanently, the Site or Services, and/or to refuse or restrict anyone from access to any part of the Site or Services, with or without notice and in its sole discretion. Company shall not be liable for any modification, suspension or discontinuance of the Site or any Services.
12. COMPANY MAKES NO WARRANTIES. YOUR USE THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, COMPANY DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED.
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.
14. CHOICE OF LAW. The Services are controlled by Company from within the State of Massachusetts, USA. By accessing the Services, you agree that the laws of the State of Massachusetts, USA govern all matters relating to this Agreement, and the use, or inability to use, the Services, and that such laws will apply without regard to principles of conflict of laws.
15. DISPUTE RESOLUTION AND CLASS ACTION WAIVER. To the fullest extent permitted by law, you and Company agree to submit exclusively any claim, controversy, or dispute arising out of or relating to the Site, the Services, this Agreement, or any other policies or other terms incorporated therein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) for resolution by confidential, individual, binding arbitration, except that you may assert claims in small claims court if your claims qualify.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this arbitration agreement.
To the fullest extent permitted by law: (i) you expressly waive any right you may have to arbitrate a Dispute as a class action; and (ii) you also expressly waive your right to a jury trial.
The arbitration will be held in Boston, Massachusetts.
Disputes will be arbitrated on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in Boston, Massachusetts. The parties waive any plea or defense that such courts are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.
The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules.
Notwithstanding anything to the contrary in this section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction.
Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.
In the event that any provision of the agreement to arbitrate is held invalid or unenforceable, all other terms within the agreement to arbitrate shall remain in full force and effect.
16. MISCELLANEOUS TERMS. This Agreement constitutes the entire agreement between you and Company with respect to the subject matter addressed herein, and governs your use of the Site and Services, superseding any prior agreements between you and Company relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with Company, such as pursuant to a registration to access certain features of the Site. The failure of Company to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the remaining provisions should be interpreted to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Sections 12 through 15 shall survive termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal effect.
17. CONTACT US. If you have any questions or concerns about the Site, our Services, or this Agreement, please contact us at [email protected]rcommunities.com.