All materials on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and U.S. and international laws, and owned or licensed by Home Properties. You may print or download one copy of written materials from the Site for your personal noncommercial use only. No other use, reproduction, modification, display, distribution, sale, license, or transmission of or creation of derivative works based on any of the materials at this Site is permitted without our express written permission.
User Contributed Material
You may not upload, post, transmit, or distribute any material to or through our Site that (a) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or otherwise objectionable; (b) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party; (c) constitutes unauthorized or unsolicited advertising, excessive messaging or transmission threatening server capacity, junk or bulk e-mail, a chain letter, any other form of unauthorized solicitation, or any form of lottery or gambling; (d) constitutes or encourages conduct that could constitute a criminal offense, cause civil liability, or otherwise violate any local, state, national, or international law or regulation; (e) contains a virus or any other code or program designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of ours or any third party; or (f) that impersonates any person or entity or misrepresents any affiliation with any person or entity.
By submitting any material to the Site, such as a literary contribution, classified ad, or any other material, you grant us the royalty-free, perpetual, and irrevocable right and license to use, reproduce, display, perform, adapt, modify, and distribute that material worldwide in any form, media, or method now known or hereafter devised, for any purpose. You also understand and acknowledge that such submissions are accessible to all visitors to the Site.
Although we do not monitor or edit the material posted by users that may be available on this Site, we reserve the right to remove any material that we determine does not comply with the Terms or that we consider to be otherwise harmful, objectionable, or inaccurate; however, we are not responsible for any failure or delay to remove such material.
No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to Home Properties that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates, but the provisions of this Agreement concerning proprietary rights, warranty and liability disclaimer, indemnification, choice of law and form, time to bring actions, international use, severability and integration survive.
We reserve the right to require consent from our webmaster to allow a hypertext link to our site from any other website. We reserve the right to revoke our consent to any link at any time in our sole discretion.
Warranty & Liability Disclaimer; Indemnification
You use this Site at your own risk. Home Properties assumes no responsibility for any consequence relating directly or indirectly to any action you take or inaction on your part based on the information, services or other material on the Site or which you may access through the Site.
THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WHILE HOME PROPERTIES STRIVES TO KEEP THE INFORMATION ON THIS SITE ACCURATE, COMPLETE AND UP-TO-DATE, HOME PROPERTIES CANNOT GUARANTEE SUCH INFORMATION. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. HOME PROPERTIES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. IN NO EVENT SHALL HOME PROPERTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THESE EXCLUSIONS MAY NOT APPLY TO YOU, AND OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Home Properties from any liability, loss, claim and expense (including attorneys' reasonable fees, whether incurred in an action between us and you, or in any third party action) related to your use or misuse of the Site, or violation of this Agreement.
Choice Of Law And Forum; Time To Bring Actions
This Agreement and your use of the Site is governed by the laws of the United States and the State of New York, excluding its conflict of laws principles. You submit to the personal jurisdiction of the state and federal courts located in State of New York with respect to any legal proceedings that may arise in connection with the Site or from a dispute as to the interpretation or breach of this Agreement. Any cause of action arising out of or relating to the Site and this Agreement must be brought within one (1) year after the cause of action arose; otherwise such cause of action is permanently barred.
We do not represent that this Site is appropriate or available for access from or use in countries outside the U.S. If you choose to access or use the Site from outside the U.S., you are responsible for compliance with foreign and local laws.
This Agreement constitutes the entire agreement between you and us with respect to this Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and us with respect to this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties reflected in this Agreement, and the remaining portions shall continue in full force and effect.
We may terminate this Agreement and your right to use the Site with or without cause at any time, effective immediately. You may terminate your use of the Site at any time by ceasing to use the Site and destroying all copies of any materials obtained from the Site then in your possession or under your control. The provisions of this Agreement concerning Proprietary Rights, Disclaimer of Warranties, Indemnification; Limitation of Liability, User Conduct, Linking, Choice of Law and Forum; Time to Bring Actions, International Use, and Severability; Integration will survive any termination of this Agreement.
If you have any questions or comments regarding this Agreement or the Site, please email us at firstname.lastname@example.org.
Last update: October 18, 2007