Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Baypoint Apartments, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Baypoint Apartments Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Baypoint Apartments may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Baypoint Apartments liability. You must immediately notify Baypoint Apartments of any unauthorized uses of your blog, your account or any other breaches of security. Baypoint Apartments will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to
the Website, post links on the Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, "Content"), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, or computer software. By making Content
available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Baypoint Apartments or otherwise.
By submitting Content to Baypoint Apartments for inclusion on your Website, you grant Baypoint Apartments a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Baypoint Apartments will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Baypoint Apartments has the right (though not the obligation) to, in Baypoint Apartments' sole discretion (i) refuse or remove any content that, in Baypoint Apartments' reasonable opinion, violates any Baypoint Apartments policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Baypoint Apartments' sole discretion. Baypoint Apartments will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Baypoint Apartments the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Baypoint Apartments before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Baypoint Apartments in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Baypoint Apartments the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Baypoint Apartments reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Baypoint Apartments.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Baypoint Apartments to respond within two business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free Baypoint Apartments services. All support will be provided in accordance with Baypoint Apartments standard services practices, procedures and policies.
- Responsibility of Website Visitors. Baypoint Apartments has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Baypoint Apartments does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Baypoint Apartments disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Baypoint Apartments links, and that link to Baypoint Apartments. Baypoint Apartments does not have any control over those non-Baypoint Apartments websites and webpages, and is not responsible for their contents or their use. By linking to a non-Baypoint Apartments website or webpage, Baypoint Apartments does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Baypoint Apartments disclaims any responsibility for any harm resulting from your use of non-Baypoint Apartments websites and webpages.
- Copyright Infringement and DMCA Policy. As Baypoint Apartments asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Baypoint Apartments violates your copyright, you are encouraged to notify Baypoint Apartments in accordance with Baypoint Apartments' Digital Millennium Copyright Act ("DMCA") Policy. Baypoint Apartments will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Baypoint Apartments will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Baypoint Apartments or others. In the case of such termination, Baypoint Apartments will have no obligation to provide a refund of any amounts previously paid to Baypoint Apartments.
- Intellectual Property. This Agreement does not transfer from Baypoint Apartments to you any Baypoint Apartments or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Baypoint Apartments. Baypoint Apartments, Baypoint Apartments, the Baypoint Apartments logo, and all other trademarks, service marks, graphics and logos used in connection with Baypoint Apartments, or the Website are trademarks or registered trademarks of Baypoint Apartments or Baypoint Apartments' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Baypoint Apartments or third-party trademarks.
- Advertisements. Baypoint Apartments reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Baypoint Apartments reserves the right to display attribution links such as 'Blog at Baypoint Apartments,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Baypoint Apartments reserves the right, at its sole discretion, to modify
or replace any
part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Baypoint Apartments may also, in the future, offer new services and/or
through the Website (including, the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
- Termination. Baypoint Apartments may terminate your access to all or any part of
the Website at
any time, with or without cause, with or without notice, effective immediately. If you wish to terminate
this Agreement or your Baypoint Apartments account (if you have one), you may simply
Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be
terminated by Baypoint Apartments if you materially breach this Agreement and fail to cure such
thirty (30) days from Baypoint Apartments' notice to you thereof;
provided that, Baypoint Apartments can terminate the Website immediately as part of a general shut
down of our
service. All provisions of this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Baypoint Apartments and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Baypoint Apartments nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Baypoint Apartments, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Baypoint Apartments under this agreement during the twelve (12) month period prior to the cause of action. Baypoint Apartments shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Baypoint Apartments, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Baypoint Apartments and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Baypoint Apartments, or by the posting by Baypoint Apartments of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Corpus Christi, Texas, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Corpus Christi, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Corpus Christi, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Baypoint Apartments may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last Updated: June 08, 2018
USE OF COPYRIGHTED MATERIALS/TRADEMARKS
Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by Greystar (collectively, the “Materials”) or (ii) provided by third party licensors and suppliers to Greystar (collectively, the “Third Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information and other restrictions in connection with the Website, including without limitation any Materials and Third Party Content therein.
The Materials contain trademarks, service marks and trade names which are owned by Greystar and its affiliates. Except as otherwise noted in the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:
- Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
- Greystar reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Greystar.
The Third Party Content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third Party Content, you agree only to display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. You acknowledge and agree that the Third Party Content does not reflect the views of Greystar and that Greystar is not responsible for any views, ideas, positions, materials and the like contained in any Third Party Content.
Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Greystar, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and Third Party Content on the Website are expressly reserved to Greystar, its affiliates, and/or any third party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of Greystar or written permission from a third party with respect to such party’s Third Party Content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and Third Party Content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and Third Party Content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and Third Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.
HYPERLINKS TO THIS SITE
You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry or home page of this Website and does not portray Greystar or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Greystar at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Greystar trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of Greystar in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a Greystar or Greystar affiliate name, trademark, or product name without express written consent from Greystar in each instance.
LINKS TO THIRD PARTY WEBSITES
The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Greystar. If you use these links, you may leave the Website. Greystar has not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content. Greystar does not endorse any opinion, recommendation or advice expressed therein or make any representations about third party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and Greystar expressly disclaims any and all liability in connection with such third party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against Greystar in connection therewith. You further understand and acknowledge if you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk.
You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third Party Content or enforce limitations on use of the Website or any such content therein.
DISCLAIMER OF WARRANTIES
Except as may be expressly set forth otherwise in a written agreement between you and Greystar or a Greystar affiliate, Greystar has no special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GREYSTAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF GREYSTAR’S SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the extent Greystar is managing a property where you are renting or buying a home, you must rely solely on your own investigation and conclusions regarding such home, including without limitation conclusions involving construction, engineering, and financial matters. Information on the Website should not be relied upon for accuracy, timeliness and completeness and projections, forecasts and estimates on the Website are not guarantees or current or future performance.
LIMITATION OF LIABILITY
The information contained within press releases issued by Greystar and its affiliates should not be deemed accurate or current except as of the date the release was posted. Greystar and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.
FAIR HOUSING STATEMENT
Greystar is committed to compliance with all federal, state, and local fair housing laws. Greystar will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws. Greystar will allow any reasonable accommodation or reasonable modification based upon a disability-related need. The person requesting any reasonable modification may be responsible for the related expenses.
Greystar does not knowingly permit copyright infringing activities on the Website.
If a person is a copyright owner or an agent of the owner and believes that any content posted on the Website infringes upon another’s copyrights, such person may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Greystar copyright agent indicated below with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 Greystar to locate the material;
- Information reasonably sufficient to permit Greystar to contact the reporting person, such as an address, telephone number, and, if available, an electronic mail;
- A statement that the reporting person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated Greystar copyright agent (“Copyright Agent”) to receive such notifications of claimed infringement is: DMCA Greystar, 600 E Las Colinas Blvd, Ste 2100, Irving, TX 75039 attn: Legal Services. We will review and address notices that comply with the above requirements. We recommend that you consult your legal advisor before filing such a notice or any counter-notice under the DMCA.
Please be advised that notices under the DMCA should go to the our Copyright Agent; but any other feedback, comments, requests for technical support, and other communications in connection with the Website should be directed to Greystar customer service through WebmasterDigitalMarketing@greystar.com.
If you have any questions regarding the Website, please contact Greystar by sending an email to email@example.com