Terms of Use
IMPORTANT: Please review the following terms and conditions carefully. These Website Terms of Use & Service (these “Terms”) are a legally binding contract between you and Aspen Management, LLC (“Aspen Management”, “our”, “we”, or “us”) pertaining to the access and use of the services offered, and all products, information, content, media, printed materials, and online or other electronic documentation accessible from the website www.parccentraleast.com or any sub-domains thereof or other websites operated by or for Aspen Management that link to these Terms (collectively, the “Sites”).
Consent to These Terms and Online Agreements
The Sites are made available by Aspen Management to you free of charge on the express condition that you accept, without modification, and abide by these Terms. Your access and use of the Sites is conditioned upon your continued compliance with these Terms. Please read these Terms carefully, as your access to and use of the Sites constitutes your acceptance of these Terms. Aspen Management reserves the right to change these Terms any time by posting revised terms on the Sites(which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms each time that you view the Sites.
By accessing this Site and, where prompted, clicking “I agree”, “Click to Consent,” or similar language, you agree to conduct each transaction by electronic means and Aspen Management and you hereby state that electronic signatures shall have the same force and effect as original signatures with respect to these Terms and all written agreements entered into between you and Aspen Management on the Sites.
Aspen Management may offer from time to time certain services or features on the Sites (including, without limitation, generate a quote, schedule an appointment, post to message boards,
testimonials, videos, social media pages, public forums, event calendars and
newsletters) (collectively, the “Services”). These Terms govern your use of the Services as well as the Sites, but you acknowledge that certain Services may be subject to additional terms and conditions (or a separate written agreement) and you agree that you will abide by such additional terms and conditions in connection with your use of the Services.
Acceptable Use Policy
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on Aspen Management or its licensors or suppliers’ infrastructure; (v) involve distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involves the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violates the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of Aspen Management’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the Sites; (xiv) are contrary to Aspen Management’s public image, goodwill, or reputation; (xv) otherwise violate any of Aspen Management’s rules, policies, or guidelines.
In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of Aspen Management or its licensors or suppliers’ content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of Aspen Management or its licensors or suppliers’ software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof).
IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Ownership of Content
Unless otherwise indicated, Aspen Management or its licensors hold the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design (the “Site Materials”). Additionally, Aspen Management or its licensors own all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without the explicit consent of Aspen Management, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Any unauthorized use of Site Materials may violate copyright, trademark and other laws. Aspen Management retains all rights not expressly granted, and nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Aspen Management or any third party.
Aspen Management will allow you to view and print information, documents, and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and they much agreed to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Aspen Management or its licensors.
Links to Social Media Sites
The Sites may contain links to other social media accounts and/or webpages controlled by Aspen Management, including without limitation, Facebook, YouTube, Twitter, Yelp!, Vimeo, FourSquare and LinkedIn. Any content, information, posting, videos, photographs or other materials posted by you to any of these social media accounts and/or web pages hosted by Aspen Management shall be treated as Site Materials for purposes of, and subject to, these Terms as of the date of first posting. Any content posted by Aspen Management on any of these social media accounts and/or webpages hosted by Aspen Management likewise shall be treated as Site Materials for purposes of, and subject to, these Terms as of the date of first posting. Your access to and use of any social media pages hosted by Aspen Management shall be governed by these Terms to the extent the terms set forth in these Terms are not contrary to the Terms or other service agreements between Aspen Management and the social media site operators. You, however, acknowledge that Aspen Management has no control over the operations of the social media websites to which this Site may link and you acknowledge and agree to indemnify and hold harmless Aspen Management for any breach of any Terms or other service agreements between Aspen Management and the social media site operators by virtue of your actions.
Deactivation of the Sites
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or Services, or any part or portion thereof. Nothing in these Terms shall be construed to obligate Aspen Management to maintain and support the Sites or Services, or any part or portion thereof, during the term of these Terms.
Release and Indemnification
YOU AGREE THAT YOU WILL HOLD HARMLESS ASPEN MANAGEMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, LICENSORS AND SUPPLIERS FROM ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF THE SERVICES AND THE SITES OR OTHER SITES TO WHICH THEY ARE LINKED. IF YOUR USE OF MATERIALS FROM THE SITES RESULTS IN THE NEED FOR SERVICING OR REPAIR OF EQUIPMENT OR DATA, YOU WILL ASSUME ANY COSTS THEREOF.
YOU WILL INDEMNIFY AND HOLD ASPEN MANAGEMENT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY ANY OF THE FOREGOING PERTAINING TO YOUR USE OF (OR INABILITY TO USE) THE SITES OR SERVICES, ASPEN MANAGEMENT’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON ASPEN MANAGEMENT’S OWN NEGLIGENCE.
Limitation of Liability
IN NO EVENT SHALL ASPEN MANAGEMENT OR ITS SERVICE PROVIDERS, SPONSORS, LICENSORS OR AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) ARISING OUT OF YOUR (OR ANY AUTHORIZED USER’S) OR ANY UNRELATED PARTY’S USE OR INABILITY TO USE THE SERVICES AND/OR THE SITES, OR YOUR (OR ANY AUTHORIZED USER’S) OR ANY UNRELATED PARTY’S RELIANCE OR USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INTERNET, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR OTHER DATA LOSS, ERRORS, DEFECTS, DELAYS IN OPERATION, SERVICE OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE SERVICES AND/OR THE SITES, EVEN IF WE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF THE REMEDIES STATED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
IN NO EVENT SHALL ASPEN MANAGEMENT’S AGGREGATE AND COMPLETE LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF THE SITES OR SERVICES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE SITES OR SERVICES IS TO DISCONTINUE YOUR USE THEREOF.
Disclaimer of Warranties
THE SITES, SERVICES, AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SITES WILL CONTINUOUSLY OPERATE OR BE ERROR FREE OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SITES IS FREE OF VIRUSES, WORMS, TROJAN
HORSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SITES EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE, ITS RELIABILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SITES SOLELY AT YOUR OWN RISK. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITES, SERVICES, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE SITES OR OTHER THIRD PARTIES.
THE SITES ARE MANAGED IN THE STATE OF FLORIDA, UNITED STATES OF AMERICA. ASPEN MANAGEMENT MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. ASPEN MANAGEMENT MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Notice of Claims of Intellectual Property Violations
The content of the Sites may include pictures, information, testimonials, letters, videos, marks, slogans and other content uploaded or provided by third parties or otherwise
received from third parties. Aspen Management does not permit the use of content on
the Sites that infringes on the copyright or trademarks or rights of publicity
of others, and will remove any such content that violates the copyright or
trademarks or other rights of others if properly notified of such violation in
accordance with the procedure set forth in these Terms. If you believe
that any of the content on the Sites infringes your copyright or trademark
rights or your rights of publicity, please provide Aspen Management’s general counsel
(whose contact information provided below) with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been
infringed on the Sites, a representative list of such works, marks or publicity
rights.
3. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Aspen Management to locate the
material.
4. Information reasonably sufficient to permit Aspen Management to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you
may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained
of is not authorized by the owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Please provide all of the information requested above. No specific form is required to provide Aspen Management with notifications of possible infringement. However, it will take
Aspen Management longer to process your notice if any of this information is not
provided, and in some cases, we may not be able to process your notice.
For copyright issues with this site, contact leasing@parccentraleast.com
Governing Law and Venue
These Terms are governed by the laws of the State of Florida, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Miami-Dade, Florida.
Miscellaneous Provisions
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms. Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder. You agree that, if you breach these Terms, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies. These Terms have been written
in the English language and the English language shall control. These Terms, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms in any language other than English. These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Sites) constitutes the entire agreement between you and Aspen Management with respect to the Sites and the Services.
Contact Information
If you have any questions regarding these Terms, you may email or write to Aspen Management:
By email:
leasing@parcceentraleast.com
