Terms of Use
Terms Of Use
Welcome to www.245northarlington.com (the “Website”). This Website is owned and operated by 245 North Arlington (“245 North Arlington,” “we,” “our,” or “us”). Please carefully read the following terms and conditions governing your use of the Website (“Terms of Use”). By accessing or browsing this Website, you agree to and are bound by these Terms of Use.
245 North Arlington reserves the right to change the Terms of Use at any time and will post any new or revised terms of use on the Website. Your continued use of this Website constitutes acceptance of the terms of use in effect at the time of such use. Accordingly, we recommend that you periodically visit this page to review the then-current terms of use to which you are bound.
Privacy Policy Statement
Protecting your privacy is very important to 245 North Arlington. Please read our Privacy Policy relating to the collection and use of your information before proceeding to use our Website. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which 245 North Arlington collects, uses and discloses your personally identifiable information, is incorporated, and made part of these Terms of Use. If you do not agree to each and every part of our Privacy Policy, then you should not use the Website, or submit any personally identifiable information through the Website.
Intellectual Property Rights
Copyright Information and Personal & Non-Commercial Use Limitation. This Website and e-mails sent to you as a result of registering on this Website contain materials including, but not limited to, text, audio, video and/or images (individually and collectively the “Materials”) which are protected by copyright, trade secret and trademark laws. You have been granted a license to access and use the Materials subject to these Terms of Use. Unless otherwise specified, the Materials on this Website are for your personal and non-commercial use. You may access and use the Materials solely for your personal use, provided you keep all copyright and other proprietary notices completely intact. You may not copy, republish, upload, post, transmit, disclose, distribute, decompile, reverse engineer, or disassemble the Materials. The Materials are licensed to you on a personal, non-exclusive basis by 245 North Arlington, and are not sold or transferred to you. Except for the limited rights explicitly granted to you herein, 245 North Arlington retains ownership of all right, title, and interest in and to the Materials including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets, and know-how).
Trademarks. 245 North Arlington’s name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of 245 North Arlington. You are not authorized to use any such name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of the owner. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. 245 North Arlington reserves all legal rights and remedies available to it.
Digital Millennium Copyright Act.
If you believe any content on the Website infringes upon your copyright, please notify us in writing at info@245northarlington.com. Your notice should include (a) identification of the copyrighted work that you claim has been infringed, including registration number if applicable; (b) the location of the allegedly infringing content with URL, if applicable; (c) your full name postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on the Website is not authorized by the copyright owner, its agents, or the law; (e) the signature of the copyright owner or the owner’s agent; and (f) a statement under oath that you are the copyright owner or an authorized agent of the copyright owner authorized to make the complaint on behalf of the copyright owner.
Disclaimer of Warranties and Limitation of Liability
You expressly agree that use of the Website, services, and Materials is at your own risk. This Website may contain offers, programs, advertisements, or promotions (“Promotions”). All Promotions are subject to the specific terms, conditions, and restrictions of the Promotion. 245 North Arlington is not responsible for any technical inaccuracies, typographical errors, inadvertent omissions or other errors or omissions regarding prices, availability, or other information in connection with Promotions. Promotions may be changed or withdrawn without prior notice.
If you are dissatisfied with any of the Materials contained on this Website or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Website. 245 North Arlington assumes no responsibility and shall not be liable for the accuracy, completeness, timeliness, reliability, relevance or usefulness of any of the Materials contained on the Website. 245 North Arlington also assumes no responsibility and is not liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any Materials from the Website.
Disclaimer of Warranties.
THIS WEBSITE IS PROVIDED BY 245 NORTH ARLINGTON ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 245 NORTH ARLINGTON DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LOST REVENUES, OR LOST PROFITS.
245 NORTH ARLINGTON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, SECURITY OR USE OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON THE WEBSITE OR THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES, PRODUCTS, MATERIALS OR OTHER ITEMS OFFERED OR INCLUDED ON THE WEBSITE. 245 NORTH ARLINGTON DOES NOT WARRANT THAT ANY FUNCTIONS, INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE MATERIALS WILL BE REPAIRED OR CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 245 NORTH ARLINGTON IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM OR PORTABLE DEVICES RESULTING FROM USE OF THE WEBSITE OR ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER MALFUNCTION.
NEITHER 245 NORTH ARLINGTON, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE OR THE MATERIALS IS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability. 245 NORTH ARLINGTON DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
NEITHER 245 NORTH ARLINGTON NOR ANY THIRD-PARTY CONTENT OR SERVICE PROVIDER PROVIDES ANY GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, AND 245 NORTH ARLINGTON EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, THE MISUSE OR MISINTERPRETATION OF, OR THE RELIANCE ON ANY INFORMATION CONTAINED IN THE MATERIALS.
YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THESE SITES AND THE MATERIALS. IN NO EVENT WILL THE LIABILITY OF 245 NORTH ARLINGTON TO YOU OR ANY THIRD PARTY EXCEED THE AMOUNT OF ANY FEES YOU HAVE PAID FOR ACCESS TO THESE SITES OR THE MATERIALS, IF ANY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES AND OTHER JURISDICTIONS, 245 NORTH ARLINGTON’S LIABILITY IS LIMITED OR EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to immediately notify 245 North Arlington of and to indemnify, defend and to hold 245 North Arlington and its officers, directors, employees, representatives and agents (collectively, the “245 North Arlington Indemnified Parties”) harmless from and against any and all costs, expenses, fees, including, without limitation, attorneys’ fees, charges, expenditures, damages, liabilities and/or other losses of any nature incurred by any of the 245 North Arlington Indemnified Parties with respect to, arising from or out of any claim relating to: (i) your acts, omissions, or representations in any way related to these Terms of Use; (ii) your use of the Website or the Materials; (iii) any information or services you receive through the Website; or (iv) violation of any law or infringement of the intellectual property, privacy, publicity or other rights of any third party. You shall use your best efforts to cooperate with us in the defense of any claim. 245 North Arlington reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Governing Law, Venue and Jurisdiction
These Terms of Use will be construed solely in accordance with the laws of the State of Nevada, without giving effect to any choice of law or conflicts of law rules of any jurisdiction. Any actions, proceedings or suits concerning or arising out of these Terms of Use may only be brought in a court of competent jurisdiction in Reno, Nevada, or in the U.S. District Court for the District of Nevada, and each party hereby consents to the jurisdiction and venue of such court and waives any objections thereto. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to: (i) use of the Website; (ii) these Terms of Use and/or (iii) the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
Waiver/Severability
The provisions of these Terms of Use are intended to be severable. In the event any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in party by any court or competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability of the remaining provisions of the Terms of Use, which shall continue to be in full force and effect. The parties will substitute for the invalid or unenforceable provision a provision which most closely approximates the intent and economic effect of the invalid or unenforceable provision.
The failure of 245 North Arlington to require or enforce strict performance of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
Entire Agreement
These Terms of Use constitute the entire agreement between you and 245 North Arlington with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use or Privacy Policy will be effective only if in writing and signed by 245 North Arlington.