Please read this agreement carefully. By using any Loft Property Solutions ("Loft Property Solutions LLC") website (collectively, the "Website" or "Service") you agree to abide by the terms and conditions of, and be legally bound by, this online user agreement (the "Agreement") between you and Loft Property Solutions. If you do not wish to be bound by this Agreement, please do not use the Website.
1.0 General Information
1.1. CHANGES: This Website is provided by Loft Property Solutions. Loft Property Solutions reserves the right, in its sole discretion, to change the terms of this Agreement and to change, discontinue, modify, or suspend any aspect of the Website. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of the Website.
1.2. NOTICE OF CHANGES: Any notice or statement of changes or modifications described in Section 1.1 above will be displayed online, and any such display shall constitute effective notice under this Agreement for all purposes. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. Additionally, your continued use of the Website after the posting of any notice of a change in the terms and conditions shall constitute your acceptance to be bound by the express terms of any such changes.
2.0 Service Area
2.1. The "Service Area" shall mean all areas and aspects of the Service including, without limitation, data, graphics, photos, text, and video or any Information whatsoever obtained through the Website (collectively, the "Information"), Loft Property Solutions' computers or network and any product, service, software, or Information provided by Loft Property Solutions. Loft Property Solutions has entered into contractual relationships with certain advertisers, sponsors, and vendors of products and services (collectively, the "Vendors"), pursuant to which Loft Property Solutions may display or link to advertisements, discounts, goods, information, products, or services offered by the Vendors. Loft Property Solutions does not guarantee the accuracy or availability of any such Vendor information or offers, nor does it endorse, guarantee, or insure any Vendor products or services.
2.2. Loft Property Solutions shall not be held liable, directly or indirectly, for any damage or loss caused by your use of: (a) any external site linked to the Service; (b) Vendor Information; or (c) Vendor products or services. Statements made in the Service Area concerning the products or services of Loft Property Solutions do not constitute an offer but are merely solicitations of an offer.
3.0 Limitations on Use and User Submissions
3.1. COPYRIGHT, PATENT, AND TRADEMARK NOTICE: All content on the Website provided by Loft Property Solutions including, but not limited to, audio, photos, presentations, software, text, and video is copyrighted by Loft Property Solutions or its affiliates or subsidiaries. No portion of the materials or other Information may be directly or indirectly copied, displayed, modified, performed, published, reproduced, rewritten, sold, or transmitted for broadcast or publication or redistributed in any medium, whether now known or hereafter created. The foregoing prohibition includes, but is not limited to, "database scraping" or "screen scraping" to obtain lists of users or other Information. No portion of the Information or other materials may be stored in a computer or distributed over any network, except that you may download or print one copy of pages strictly for personal and non-commercial use. Any printout of any page of the Website or portion thereof must include Loft Property Solutions copyright notice.
Loft Property Solutions and its associated buttons, graphics, icons, and page headers are service marks, registered service marks, trademarks, registered trademarks, and / or trade dress of Loft Property Solutions. All other content, company logos, and / or product names are trademarks of their respective owners. Neither these materials nor any portion thereof may be stored in a computer except as reasonably necessary for personal and non-commercial use.
3.2. NOTICE OF COPYRIGHT INFRINGEMENT: Loft Property Solutions respects the copyrights of others. Loft Property Solutions reserves the right, but not the obligation, to terminate your license to use the Service if it determines, in its sole discretion, you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the activity or material is ultimately determined to be infringing. Loft Property Solutions has implemented procedures for receiving written notification of claimed infringements. You may notify us by sending a message to firstname.lastname@example.org if you believe your copyrighted work has been reproduced on the Website in a way that constitutes copyright infringement.
3.3. RESTRICTED USE OF THE WEBSITE: You agree to use the Information and Service Area for lawful purposes only. You agree not to post or transmit any information through the Service Area which: (a) infringes upon the rights of others or violates their privacy or publicity rights; (b) is abusive, defamatory, indecent, libelous, obscene, profane, threatening, unlawful, vulgar, or otherwise objectionable; or (c) is protected by copyright, patent, trademark, or other proprietary rights without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, patent, trademark, or other proprietary rights, or any other harm resulting from your use of the Service.
3.4. SUBMISSION OF MESSAGES: You hereby grant to Loft Property Solutions an irrevocable, perpetual, royalty-free, non-exclusive worldwide license and right to adapt, create derivative works from, display, distribute, modify, perform, publish, reproduce, translate, and use for any purpose any and all: (a) emails; (b) messages; or (c) other materials posted by you on the Service or submitted to Loft Property Solutions, in whole or in part, and to incorporate any such emails, messages, or other materials in any form, into other media or technology whether now known or hereafter developed.
3.5. POSTED MATERIALS: You understand and acknowledge all data, files, graphics, information, messages, music, photographs, sound, software, video, or other materials posted by any entity or person other than Loft Property Solutions (collectively, "Third-Party Content"), whether privately or publicly posted or transmitted, are the sole responsibility of the entity or person from which such Third-Party Content originated. Loft Property Solutions assumes no liability for any such Third-Party Content. You agree not to use the Service to: (a) email, post, upload, or otherwise transmit any Third-Party Content that is abusive, defamatory, harassing, harmful, hateful, invasive of another's privacy, libelous, obscene, threatening, tortious, unlawful, vulgar, or is ethnically, racially, or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, an official or representative of Loft Property Solutions, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service; (e) email, post, upload, or otherwise transmit any Third-Party Content which you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as confidential, inside, or proprietary information, or information disclosed or learned as part of employment relationships or under nondisclosure agreements); (f) email, post, upload, or otherwise transmit any Third-Party Content that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party; (g) email, post, upload, or otherwise transmit any unauthorized or unsolicited advertising, chain letters, junk mail, promotional materials, pyramid schemes, SPAM, or any other form of solicitation; (h) email, post, upload, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to destroy, limit, or interrupt the functionality of any computer hardware or software or telecommunications equipment or network; (i) disrupt or interfere with the Service, servers or networks connected to the Service, or disobey any policies, procedures, regulations, or requirements of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, rules and regulations promulgated by any national or other securities exchange, including without limitation, the U.S. Securities and Exchange Commission, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; (k) stalk or otherwise harass another; or (l) collect or store personal data about other users.
Loft Property Solutions and its designees shall have the right, but not the obligation, to refuse or remove any Third-Party Content that is available via the Service that, in its sole discretion, violates this Agreement or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Third-Party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-Party Content.
You acknowledge and agree that Loft Property Solutions may preserve Third-Party Content and may also disclose Third-Party Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce this Agreement; (c) respond to claims that any Third-Party Content violates the rights of other third parties; or (d) protect the personal safety, property, or rights of Loft Property Solutions, its users, or the public.
3.6. LINKING: Without the prior written consent of Loft Property Solutions, you may not use any of Loft Property Solutions' proprietary logos, marks, or other distinctive graphics, audio, or video material in your links. You may not link to the Website or to any page thereof or engage in the practice of "deep linking" in any manner reasonably like to: (a) imply affiliation with, endorsement or sponsorship of or by Loft Property Solutions; (b) cause confusion, deception, or mistake; (c) dilute Loft Property Solutions' trademarks or service marks; (d) otherwise violate federal or state law; or (e) constitute improper disparagement or disclosure concerning Loft Property Solutions or any of its affiliates, or their respective agents, directors, franchises, officers, or vendors. You may not frame or otherwise incorporate into another website any of the Information or other materials on this Website without the prior written consent of Loft Property Solutions.
4.0 Access and Delays in Service
Loft Property Solutions, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Website. Further, Loft Property Solutions, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, errors, inaccuracies, interruptions, or omissions of the Service for any reason, including without limitation, due to acts of God, acts of terrorism, acts of war, armed conflicts, defects, electronic or mechanical equipment failures, fire, riots, strikes or walkouts, telephone interconnect problems, weather, or to other like causes.
5.0 Limitation of Liability, Representations, and Warranties
5.1. GENERAL DISCLAIMER AND LIMITED WARRANTY: Loft Property Solutions, its licensors, and Vendors do not represent or warrant the accuracy, reliability, or suitability of any Information distributed through the Service.
You acknowledge the Website is provided to you on an "as is with all faults basis." Loft Property Solutions and its licensors and Vendors expressly disclaim any and all warranties, whether express, implied, oral, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or any warranties arising by virtue of custom of trade or course of dealing. Further, Loft Property Solutions and its licensors and Vendors neither represent nor warrant the Website will meet your requirements or is suitable for your needs or will achieve any desired result.
5.2. ASSUMPTION OF RISK: You assume all risk of errors and / or omissions on the Website, including the transmission or translation of data. You assume full responsibility for implementing sufficient checks and procedures to satisfy your requirements for the accuracy and suitability of the Website, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.
5.3. VIRUSES: You acknowledge and agree that Loft Property Solutions uses reasonable efforts to ensure no viruses or programs with similar functions operate on or are passed through Information or the Website. However, you hereby assume all responsibility (and thereby hold Loft Property Solutions harmless) by whatever means you deem most appropriate for your needs for detecting and eradicating any viruses or programs with a similar function.
5.4. LIMITATION OF LIABILITY: You agree that Loft Property Solutions, its affiliates, subsidiaries, and vendors shall not, in any event, be liable for any consequential, incidental, or special damages arising out of the use or inability to use the Service for any purpose whatsoever. If the above limitations of liabilities should fail in their essential purpose for any reason, such liability is and shall be limited to a sum equal in amount to ten percent (10%) of the sums paid to Loft Property Solutions by you under the terms of this agreement, or $100.00, whichever is greater, as liquidated damages and not as a penalty, even if Loft Property Solutions, its affiliates, subsidiaries, and vendors have been advised of the possibility of such damages. This liability, if any, shall be complete and exclusive. The provisions contained in this section shall survive termination of this agreement.
5.5. FTC NOTICE: Some states do not allow limitations on how long an implied warranty, or allow the exclusion or limitation of consequential or incidental damages, so the above limitation may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
You shall defend, discharge, indemnify, release, relinquish and hold harmless Loft Property Solutions and its affiliates, subsidiaries, and vendors, and each of their agents, contractors, directors, employees, members, representatives, shareholders, and vendors (collectively, the Indemnitees) against and from all claims, demands, loss, and causes of action of whatever character or kind, including without limitation attorneys' fees, costs, and expenses incurred in connection with any claim brought by any person(s) or entity(ies) arising from, in connection with, or relating to, your access and use of the Website, including your use of the Information obtained through the Website. The obligations to defend, discharge, indemnify, release, and relinquish contained in this section shall apply even if caused, in whole or in part, by the joint, sole, gross, or concurrent negligence, strict liability, contractual liabilities of third parties, or other faults, whether active or passive, of any person or entity, including but not limited to the Indemnitees, jointly or severally. You shall cooperate as fully as reasonably required in the defense of any such claim.
7.1. PRIVACY: Records of your use of the Website are the sole property of Loft Property Solutions. Loft Property Solutions reserves the right to use such information for it franchising, marketing, and membership endeavors. Your personally identifying information will not be shared with any third party, with the following exceptions: (a) information Loft Property Solutions in good faith determines is legally required to be revealed by any relevant administrative or court order, decree, ordinance, regulation, rule, subpoena, or statute; (b) information revealed during the course of Loft Property Solutions enforcement of the policies and procedures of the Website, the terms of this Agreement, or during the course of any disciplinary actions; (c) information in a manner expressly permitted by the provisions if this Section; (d) information Loft Property Solutions in good faith determines must be disclosed to correct what it believes to be information that is deceptive, false, manipulative, misleading, or otherwise a violation of law; or (e) Unless you are otherwise notified at the time we collect the data.
7.2. PRIVACY OF MINORS: Protecting the privacy of children is especially important. Loft Property Solutions does not knowingly collect information about children under the age of 13 and will delete any such information it discovers or is made aware of.
7.3. NON-PUBLIC PERSONAL INFORMATION: "Non-public Personal Information" is non-public information about you obtained by Loft Property Solutions directly from you. Loft Property Solutions and its advertisers may collect non-public information from the online forms you complete and from information collected as a result of your transactions with Loft Property Solutions, its advertisers, consumer reporting agencies, or others.
7.4. Loft Property Solutions will not disclose any non-public personal information except as permitted or required by law or as described in this Agreement.
7.5. We may disclose all of the non-public personal information we collect about you to our affiliates who offer related good and services, and to non-affiliated third parties that perform services on our behalf, including marketing services or other financial institutions with whom we have joint marketing agreements.
7.6. We have procedures in place that limit access to non-public personal information to those employees and other individuals who need to know such information to provide products and services to you. We will maintain electronic, physical, and procedural safeguards to protect the confidentiality of your non-public personal information as required by law.
8.0 Unsolicited Email and Direct Marketing
8.1. UNSOLICITED EMAIL: Loft Property Solutions supports responsible e-commerce. Loft Property Solutions does not authorize anyone to use the Service to broadcast, distribute, transmit, or retransmit unsolicited commercial or non-commercial bulk or junk electronic mail (SPAM).
8.2. ELECTRONIC DIRECT MARKETING PROGRAM: Loft Property Solutions may develop and participate in electronic direct marketing to users of the Website who elect to receive electronic mail of specific interest to them. In keeping with this Agreement, Loft Property Solutions does not forward the names and addresses, electronic or otherwise, to third parties. Advertisers who participate in Loft Property Solutions electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. Loft Property Solutions forwards the advertisements to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting their email address be removed from the mailing list by selecting the appropriate option included with each email advertisement send by Loft Property Solutions. In addition, users may elect to be removed from such lists at any time by sending a message to Loft Property Solutions at email@example.com.
8.3. REPORTING SPAM: Users who receive SPAM or any offensive or threatening email through the Service may report it to Loft Property Solutions by forwarding the unedited message with the full message header to firstname.lastname@example.org.
8.4. RESERVATION OF RIGHTS: Loft Property Solutions reserves the right to take all legal or technical steps it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk email, offensive or threatening email, or email otherwise determined by Loft Property Solutions, in its sole discretion, to be objectionable. Loft Property Solutions reserves the right to suspend or terminate any person or entity's access to, or use of, the Service if it determines, in its sole discretion, that such person has used or intends to use the Service in violation of this policy. A failure of Loft Property Solutions to exercise any right provided for herein shall not be deemed to be a waiver of such right.
9.1. GOVERNING LAW; LIMITATIONS; VENUE: The laws of the State of Wyoming, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the extent allowed by applicable law, any causes of action or claims arising from or relating to your access and use of the Service as contemplated by this Agreement must be instituted with two (2) years from the date upon which such cause or claim arose. Further, any such cause of action or claim shall be brought exclusively in the federal or state courts located in Wyoming, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Wyoming as your agent for service of process. You agree to waive any objection that the federal or state courts of Wyoming are an inconvenient forum.
9.2. ASSIGNMENT: You may not assign any of your obligations, performance, privileges, or rights herein without the prior written consent of Loft Property Solutions. Any assignment other than as provided for in this Section shall be null and void.
9.3. SEVERABILITY: If any provision of this Agreement is found to be unenforceable or unlawful in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision) and, as so modified or reformed, fully enforce this Agreement.
9.4. TERMINATION: Loft Property Solutions may terminate or suspend your use of the Website for any reason. Cancellation or termination of your use of the Website shall not affect any right or relief to which Loft Property Solutions may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Loft Property Solutions.
9.5. NOTICE: Official correspondence must be sent via postal mail to: Loft Property Solutions, 1281 East Magnolia Street, Suite D-129, Fort Collins, CO, 80524.
Any rights not expressly granted herein are reserved by Loft Property Solutions.