- These terms use ("Terms") are a binding contract between Avenue5 Residential, LLC, a Washington corporation (the "Company") and you. By using this web site (the "Site"), you agree to be bound by these Terms. If you do not agree to all these Terms, you are not authorized to use this Site. The Terms may change from time to time and it is your responsibility to review them when conducting business with the Company. You are bound by the version of this Agreement that is in effect on the date of your visit to the Site. This Agreement may change from time to time, so please review it when you visit the Site.
- 1. Limited and Revocable License: We hereby grant you a limited, revocable, non-transferable license, to view a and use the Site solely for the purpose of acquiring information in accordance with the Terms. The alteration, removal, or obliteration of any copyright and trademark notices is strictly prohibited. The Company retains all right, title, and interest in and to the Site and the content of the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is prohibited. The Site and all content contained herein is protected by copyright and intellectual property rights under the laws of the United States. All rights not expressly granted to you are reserved by the Company, and its affiliates. The Company reserves the right to deny access to or use of the Site, with or without prior notice and with or without cause.
- The license granted to you shall not be transferrable or assignable by you.
- The license to use the Site does not include permission to copy any of the elements of the Site including but not limited to the look and feel, layout or content of the Site. Those elements are protected by law. Except as expressly provided by these Terms nothing contained herein shall be construed to grant to you a right or license to use or to transfer or assign any intellectual property of the Company. Intellectual property shall include but is not limited to the laws of copyright, patent, trade name, trademark, trade secret law and all other property right statutes.
- The Company does not guarantee uninterrupted or error-free operation of the Site, but we will use its reasonable efforts to maintain the operation of the Site. By use of the Site you agree that any failure of the Site shall not be grounds for any legal actions against the Company or its affiliates and you hereby release all such claims and causes of action.
- 2.Use of Your Password & Logons: All transactions with or from anyone presenting the password or login name on the Site will be binding on the person to whom the password or logon name was issued. The person to whom the logon name and the password was issued will be responsible for all transactions or acts that are accepted by the Company through use of the logon name and password, whether or not made with the password recipient's knowledge or authority. If you ever suspect that someone has improperly obtained access to your logon name or password you agree to promptly contact the Company to cancel that account and seek to have a new account issued to you. The Company will act diligently to cancel that account following such notice. You will still be responsible for transactions which occur with your logon name and password until the Company received notification of the cancellation of the account.
- 3.Privacy Policy: The protection of client information is of major importance to the Company. As part of your use of the Site, you may be asked to provide personal or business information ("Information") including name(s), addresses, and other contact information that could be used to identify you. The Company will use all Information which you provide only for the specific purpose(s) for which you provided the Information. Personal and business information may also be gathered from third party sources. We will disclose the Information which you provide only to units of our Company and to our Affiliates that will use such Information for the purpose(s) for which the Information was initially provided. You agree that we will reply on the accuracy of the Information which you provide. Accordingly, you represent and warrant the accuracy of all such Information.
- The Company will take commercially reasonable measures to safeguard the Information. However, the Company cannot guaranty that the Information will be protected from hackers and persons engaged in illegal conduct. Clearly, no security system is impenetrable. The Company cannot guarantee the complete security of our database, nor can we guarantee that the Information will not be intercepted while being transmitted to us. Any information which you do not wish to share or to provide to the Company should not be included in any communication with the Company.
- 4.Right to Verify Information: THE COMPANY RESERVES THE RIGHT TO VERIFY ANY INFORMATION PROVIDED BY AN APPLICANT FOR EMPLOYMENT. THE COMPANY FURTHER RESERVES THE RIGHT TO PERFORM CREDIT AND BACKGROUND CHECKS ON ALL JOB APPLICANTS. JOB APPLICANTS MAY BE REQUIRED TO PASS A DRUG SCREEN PRIOR TO FINAL APPROVAL OF THEIR APPLICATION FOR EMPLOYMENT.
- 5.Children: Nothing on this website is intended to specifically solicit information from minors or to seek to determine whether a visitor is a minor. Access to the Site is restricted to persons of legal age.
- 6.Technical Information Concerning the Site: We use IP addresses to analyze trends, administer the website, track user movement, and gather broad demographic information for aggregate use. We retain the right to use cookies to persons using the Site.
- 7.Liability and Indemnity: The Company disclaims all liability for the performance of services which are delayed by events outside of the control of the Company including but not limited to strikes, or acts of our vendors and suppliers, or accidents. Any damage claim shall be capped by the total amount of fees charged to you, by the Company, during the prior calendar year.
- YOUR ACCESS AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW YOU HEREBY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION. IN ADDITION, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR LOST REVENUE OR LOST PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE, PRODUCT LIABILITY, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE. IF ANY CLAIM IS AUTHORIZED TO PROCEED, BY A COURT OF COMPETENT JURISDICTION, YOU AGREE THAT THE MAXIMUM LIABILITY OF THE COMPANY SHALL BE ONE HUNDRED DOLLARS ($100.)
- You agree to defend, indemnify and to hold harmless the Company, its affiliates and their officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of these Terms or any law. The Company will not be responsible or liable for unauthorized access to your Information due to accident, illegal or fraudulent or criminal means or devices. The indemnification provided for in this Article shall survive the termination of our relationship.
- 8.Termination and Suspension of Access to Site: The Company may, at any time terminate your access to the Site or block your access to the Site, with or without notice to you, with or without cause. You agree that our services shall only be used for lawful purposes. Any transaction or transmission which violates federal, state or local laws is expressly prohibited.
- 9.DISCLAIMERS OF WARRANTIES: THE COMPANY PROVIDES THE SITE "AS IS" AND "AS AND WHEN AVAILABLE." THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, AS TO THE CONTENT OR THE OPERATION OF THE SITE. NO WARRANTY IS MADE AS TO THE ABILITY OF A USER TO ACCESS THE SITE. THE COMPANY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- IT IS ANTICIPATED THAT THE SITE WILL BE FREE OF ANY VIRUS OR CONTAMINATION. HOWEVER, IF THE SITE SHOULD BECOME CONTAMINATED AND PASS THE VIRUS OR CONTAMINATION TO THE USER, THE USER AGREES THAT NO CLAIMS OR CAUSES OF ACTION WILL BE ASSERTED AGAINST THE COMPANY AS A RESULT OF SUCH CONTAMINATION OR AS A RESULT OF ANY DAMAGES THAT MIGHT FLOW THEREFROM.
- 10.Links to Third Party Sites: As a convenience, the Company may provide links to websites established by third-party entities. The Company shall not be responsible for transactions which occur on such third party websites. The Company shall not be liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
- 11.Partial Invalidity: The invalidity or unenforceability of any particular provision of these Terms shall not affect the other provisions hereof, and the Terms shall be construed in all respects as if such invalid or unenforceable provision were omitted.
- 12. Governing Law: Your access to this website is governed by all applicable federal, state and local laws. However, the Terms shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. Any legal action brought to enforce or to interpret the terms and provisions of these Terms shall be commenced in the Superior Court for the State of Washington for King County.
- California Privacy Rights California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to the Company addressed as follows:
Disclosure Coordinator
Avenue5 LLC
605 5th Avenue South, Suite 100, Seattle, WA 98104