TERMS & CONDITIONS
Individuals who visit (the “Users”) the Sherman Residential (“SHERMAN”) Web sites operated under URLs: bes.com – estatesatcrossroadsapts.com – indigopointeapts.com – landingsprincetonlakes.com – legendsatridgeviewranch.com – orchardvillageaptsaurora.com – parcatuniversitytower.com- parkviewlegendsapts.com – presidioaptsaustin.com – rockbrookcreekapartments.com – rockinghorseranchapts.com – silveradoapartmentsfrisco.com – woodlakeapartmentsgurnee.com (the “Sites”).
represent that they have read and understand, and agree to be bound by, these Terms and Conditions. User’s use of the Sites will constitute acceptance of these Terms and Conditions. If User does not agree to these Terms and Conditions, User should neither access nor use the Sites.
USE OF THE SITES
SHERMAN’s Sites Contents (as defined in the “Intellectual Property” section below) may not be copied, reproduced, modified, published, displayed, uploaded, posted, reposted, distributed, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without SHERMAN’s prior written permission.
Users of SHERMAN’s Sites assume all risks. SHERMAN’s Sites and its Contents may not be current, complete, accurate or adequate. Users should verify the accuracy, completeness, applicability and adequacy of all Contents contained in SHERMAN’s Sites before relying on it. SHERMAN makes no warranties or representations as to SHERMAN’s Sites Contents accuracy, unavailability, completeness or timeliness. SHERMAN specifically disclaims any liability or responsibility for any errors and/or omissions in the Contents on its Sites. SHERMAN hereby disclaims any duty or obligation to provide any content updates.
SHERMAN will not accept any unsolicited proposals or work product, and the submission or transmission of unsolicited concepts, ideas, artwork, creative, business or marketing strategies, or any other materials from SHERMAN’s Sites Users will be considered non-confidential and non-proprietary. SHERMAN’s Sites Users that send such unsolicited communication to SHERMAN consent that SHERMAN may use such communication materials for any and all commercial or non-commercial purposes without compensation, obligation or recognition of any kind to said User.
The User is prohibited from communicating with SHERMAN through a posting, email, form, submission or other transmission from or to SHERMAN’s Sites in which any portion of the communication is unlawful, obscene, pornographic, libelous, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
SHERMAN’s Site Users are further prohibited to communicating through a posting, email, form, submission or other transmission from or to SHERMAN’s Sites, in which any portion of the communication consists of or contains software viruses, chain letters, political campaigning, commercial solicitation, mass mailings, or any form of “spam.”
Users MAY NOT use a false e-mail address, misrepresent affiliations, impersonate any person or entity, or otherwise mislead SHERMAN as to the location of the communication or content. Users MAY NOT forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Sites.
No permission is hereby granted to any User to link from any other Web site to any portion of this SHERMAN Sites, or to frame any content contained on this Sites without SHERMAN’s prior written permission.
LISTINGS AND FLOOR PLANS
Through SHERMAN’s Sites, Users can access floor plans of available residential space and related pricing ranges that maybe available for lease by SHERMAN. While SHERMAN endeavors to keep these floor plans and pricing ranges accurate and up-to-date, we are unable to provide any assurance as to the accuracy of such information. All information is subject to change without notice.
SHERMAN’s Sites text, graphics, images, logos, button icons, downloads, contact forms, screens, computer code, video, audio, animation, software, the overall design of Sites, selection, arrangement and presentation of all materials of whatever kind on the SHERMAN Sites (the “Contents”) are owned and copyrighted by SHERMAN and/or other parties. The SHERMAN Site Contents may also contain or reference trademarks, products, logos, copyrights, patents, trade secrets, technologies, processes or other proprietary rights of third parties (“Intellectual Property”). All such Intellectual Property is the property of its respective owner, which maybe SHERMAN and/or other parties. Except as otherwise expressly stated herein, Users are not granted any license to use, or right in, any such Intellectual Property. Nothing in these Terms and Conditions shall be deemed to grant to User or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of SHERMAN.
In compliance with the Childrens Online Privacy Protection Act, 15 U.S.C. ßß 6501-6506 and 16 C.F.R. ßß 312.1-312.12, SHERMAN does not permit children under 13 years of age to become Users of the SHERMAN Sites. By using the Sites, User represents that User is not under 13 years of age.
MODIFICATION OF THE TERMS AND CONDITIONS
Users are responsible for periodically reviewing SHERMAN’s Terms and Conditions. Users continued use of the SHERMAN Sites will be deemed an acceptance of SHERMAN’s Terms and Conditions then in effect. SHERMAN may, in its sole discretion, make changes at any time to the Sites or these Terms and Conditions. Any modifications to these Terms and Conditions will be effective upon posting. User’s continued use of the Sites following posting of any revised Terms and Conditions will constitute acceptance of the modified Terms and Conditions.
UNAUTHORIZED USE OF THE SITES
SHERMAN reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to, action that imposes an unreasonable load on the Site. SHERMAN’s decision not to pursue legal action for any violation of the Terms and Conditions shall not be construed as a waiver of the Terms and Conditions or SHERMAN’s legal rights. In the event that any provision of SHERMAN Web site Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
THIRD PARTY WEB SITES
SHERMAN may display on the Sites links to third party sites. SHERMAN is not responsible for the contents of such links, or other materials relating to such linked sites, or any link contained in a linked site. The display of any link does not imply endorsement by SHERMAN of the linked site. IN NO EVENT WILL SHERMAN BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.
PROMOTIONAL MAILINGS AND NEWSLETTERS
Users agree to receive occasional promotional mailings and e-mail newsletters relating to SHERMAN. To opt-out of receiving such promotional mailings and e-mail newsletters, Users should contact SHERMAN at email@example.com.
DISCLOSURE OF DATA
User agrees SHERMAN may disclose to third parties any information that User provides to SHERMAN on the Sites upon order of court, administrative or regulatory body or other tribunal of competent jurisdiction, or as otherwise required by law. In that event, SHERMAN will provide User notice of such disclosure to the extent permitted by law.
SHERMAN is located in the United States and is intended for use within the United States. SHERMAN makes no representation that the Sites and its Contents are appropriate or available for use in other locations. Users who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Users may not use or export the Sites or its Contents in violation of United States export laws and regulations.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SHERMAN OR ITS EMPLOYEES, CLIENTS, PARTNERS OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF: THE USE OF OR INABILITY TO USE THE SHERMAN SITES AND CONTENTS; INTERRUPTIONS IN AVAILABILITY; LOSS OF INFORMATION; VIRUSES THAT MAY INFECT USERS’ COMPUTER EQUIPMENT OR OTHER PROPERTY; UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS OR DATA; SITE DEFECTS; STATEMENT OR CONDUCT OR ANY THIRD PARTY ON THE SHERMAN SITES; OR ANY OTHER MATTER RELATING TO THE SHERMAN SITES EVEN IF SHERMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SHERMAN SITES AND ALL THE MATERIALS CONTAINED HEREIN ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER, AND SHERMAN, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
SHERMAN’s headquarters are in the United States in the City of Deerfield, Illinois. The laws of the State of Illinois will govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. User agrees that any action arising out of the Terms and Conditions or User’s use of this Sites shall be brought in state or federal court in Deerfield, Illinois and User consents to the jurisdiction of such courts.
User may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder. SHERMAN’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless SHERMAN agrees to such waiver in writing.
If any part of these Terms and Conditions is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms and Conditions set forth the entire understanding between User and SHERMAN with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between User and SHERMAN with respect to such subject matter.
If User has any questions relating to these Terms and Conditions or SHERMAN, please contact SHERMAN at firstname.lastname@example.org