TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. THESE TERMS AND CONDITIONS OF USE (“TERMS OF SERVICE AGREEMENT,” “AGREEMENT,” OR “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN USER AND AUBURN VILLAGE, LLC (“AUBURN VILLAGE,” “COMPANY,” “WE,”“OUR,” OR “US”), WHICH IS THE COMPANY THAT OWNS AND OPERATES THE WEBSITE WHICH CAN BE ACCESSED AT HTTPS://WWW.AUBURNVILLAGE.NET. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR ANY APPLICATION ASSOCIATED THEREWITH (HEREINAFTER THE WEBSITE AND ANY ASSOCIATED APPLICATIONS ARE COLLECTIVELY REFERRED TO AS “WEBSITE”). THESE TERMS GOVERN USER’S ACCESS TO AND USE OF THE WEBSITE AND ITS SERVICES, AS DEFINED BELOW. THE WEBSITE AND SERVICES ARE AVAILABLE FOR USER’S USE ONLY ON THE CONDITION THAT USER AGREE TO THE TERMS SET FORTH BELOW. BY ACCESSING OR USING THE WEBSITE AND SERVICES, USER AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO ALL OF THE TERMS, USER MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED BY THE COMPANY AND AVAILABLE ONLY TO ENTITIES AND PERSONS OVER THE AGE OF LEGAL MAJORITY WHO CAN FORM LEGALLY BINDING AGREEMENT(S) UNDER APPLICABLE LAW. IF USER DOES NOT QUALIFY, USER IS NOT PERMITTED TO USE THE WEBSITE OR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 10/12/2017.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The purpose of the Auburn Village website is to inform users about available rental properties, provide an online rental application, accept application and rental payments, and provide contact information for our residents (“Services”). Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this Terms of Service Agreement (User may also be referred to as “you” or “your.”).
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Auburn Village. At its discretion, Auburn Village may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Auburn Village does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Auburn Village shall not be held liable for any such updates, modiﬁcations, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modiﬁcations shall constitute your acceptance of such updates, changes and/or modiﬁcations, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modiﬁed terms, you must stop using the provided Services forthwith. Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Auburn Village shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
USE OF WEBSITE AND SERVICES
As a condition of the use of the Website and Services, user warrants to Company that neither the Website nor Services will be used for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The user may not use the Website or Services in any manner which could damage, disable, overburden, or impair the Website or Services, or interfere with any other party’s use and enjoyment of the Website or Services. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. In addition to other restrictions set forth in these Terms, user agrees that: (a) User shall not disguise the origin of information transmitted through the Website; (b) User will not place false or misleading information on the Website; (c) User will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Auburn Village; (d) User will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Services, or that infringes the Intellectual Property rights of another; (e) Certain areas of the Website are restricted to customers of the Website; (f) User may not use or access the Website or Services in any way that, in the judgment of Auburn Village, adversely affects the performance or function of the Website or Services, or interferes with the ability of authorized parties to access the Website; (g) User may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others through the use of the Website or Services; (i) User may not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; and (j) User may not violate any applicable laws or regulations. The Company reserves the right to terminate user’s access to any or all of the Website or Services at any time without notice for any reason whatsoever. User is responsible for the security and all use of the Website or Services made using user’s username and password, if applicable. If user believes there has been a breach of security of user’s username and/or password, such as theft or unauthorized use, user should notify Auburn Village immediately.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Auburn Village shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our Website. Therefore, you hereby grant and allow for Auburn Village the below listed worldwide, royaltyfree and nonexclusive licenses, as applicable:
The content submitted or made available for inclusion on the publicly accessible areas of the Website, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our Website for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing.
Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of the Website, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our Website for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing.
For any other content submitted or made available for inclusion on the publicly accessible areas of the Website, the continuous, binding and completely sublicensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of the Website are those such areas of our Website which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Auburn Village provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
your contributions do not contain any type of confidential or proprietary information;
Auburn Village shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
Auburn Village shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
the contributor’s Contributions shall automatically become the sole property of Auburn Village ; and
Auburn Village is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users herein agree to indemnify and hold Auburn Village, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless from any claim, demand, loss, expense, cost, or damage, including but not limited to reasonable attorneys’ fees, incurred as a result of your breach of the terms of this Agreement or your unauthorized use of the Website or Services.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Auburn Village Website or Services.
Auburn Village shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a service to our users, the Website offers links to a variety of sites maintained by third parties. In accessing these sites, users are leaving the Website. These links are offered only for use at user’s own discretion. Auburn Village does not provide, and is not responsible for, the product, service, or overall website content available on third-party sites. Auburn Village does not represent either you or the third-party site in any transaction you enter into with the third-party site. Auburn Village’ privacy and security polices do not apply to linked websites. Users should consult the privacy disclosures and security policies on each third-party site for further information. Third-party websites may provide less security than Auburn Village’ website. If you choose to access a link to a third-party website, you do so entirely at your own risk and you waive any and all claims against Auburn Village regarding the inclusion of such links and your use of those sites.
PRIVACY AND USE OF PERSONAL INFORMATION
Any information that you provide to Auburn Village, including name, e-mail address, mailing address, phone number, credit card information, social security number, or other personally identifiable information (“Personal Information”), will be collected, maintained and used in order to provide the Services to you, or in accordance with these Terms. You understand that, through your use of the Website and Services, you consent to the collection and use (as set forth in these Terms) of your Personal Information.
You do hereby acknowledge and agree that Auburn Village’ Website and Services and any essential software that may be used in connection with our Website and Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Website or Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Auburn Village or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Auburn Village Website, Services or Software, in whole or part.
Auburn Village herein has granted you personal, nontransferable and nonexclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Website or Services. Lastly, you also agree not to access or attempt to access our Website or Services through any means other than through the interface which is provided by Auburn Village for use in accessing our Website or Services.
The trademarks, logos, and service marks (“Marks”) displayed on the Website are the property of Auburn Village or other third parties, and may not be used without our prior written permission. All contents of the Website are: © 2017 Auburn Village, LLC and/or its suppliers. All rights reserved.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF AUBURN VILLAGE’ WEBSITE, SERVICES, AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR WEBSITE, SERVICES, AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. AUBURN VILLAGE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
AUBURN VILLAGE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) AUBURN VILLAGE’ WEBSITE, SERVICES, OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) AUBURN VILLAGE’ WEBSITE, SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE AUBURN VILLAGE’ WEBSITE, SERVICES, OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE, SERVICES, OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF AUBURN VILLAGE’ WEBSITE, SERVICES, OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM AUBURN VILLAGE OR BY WAY OF OR FROM OUR WEBSITE, SERVICES, OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, AUBURN VILLAGE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE OUR WEBSITE OR SERVICES;
THE COST OF PROCURING SUBSTITUTE SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR WEBSITE OR SERVICES.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES. TO THE EXTENT THAT AUBURN VILLAGE IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, AUBURN VILLAGE IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.
In the event you have a dispute, you agree to release Auburn Village (and its officers, directors, employees, agents, parent subsidiaries, affiliates, and partners) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this Agreement, that there shall be no third-party beneficiaries to this Agreement.
Auburn Village may furnish you with notices, including those with regards to any changes to the Terms of Service, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Website or Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Website or Services in an authorized manner.
Auburn Village makes no representation that the Website or Services are appropriate or available for use in locations outside the United States. Access to the Website or Services from countries or territories where such access is illegal is prohibited. Those who choose to access the Website or Services outside the United States do so on their own initiative and are responsible for compliance with local laws.
CONSENT TO ELECTRONIC SIGNATURES
Any agreement between user and Auburn Village made through use of the Website or Services, including but not limited to a Rental Application, may be executed by means of electronic signature, or in any number of counterparts, where all such counterparts taken together will be deemed to constitute one and the same instrument. A signed copy of any such agreement delivered by facsimile, e-mail or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of the same.
These Terms of Service constitute the entire agreement between you and Auburn Village and shall govern the use of our Website and Services, superseding any prior version of this Agreement between you and us with respect to Auburn Village’ Website and Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Auburn Village’ services, affiliate services, thirdparty content or thirdparty software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Auburn Village with regard to the Terms of Service that the relationship between the parties shall be governed by the laws of the state of Alabama without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Terms of Service, or the relationship between you and Auburn Village, shall be filed within the courts having jurisdiction within the County of Tuscaloosa, Alabama or the U.S. District Court for the Northern District of Alabama located in Tuscaloosa, Alabama. You and Auburn Village agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Auburn Village fail to exercise or enforce any right or provision of these Terms, such failure shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
If you have any questions or comments regarding these Terms of Service, you can contact Auburn Village as follows:
2021 SOUTH COLLEGE STREET, SUITE G
AUBURN, ALABAMA 36832
Email: [email protected]