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FF Properties L.P.’s Terms of Use Policy
Welcome to the FF Properties L.P. (“Fairfield”) Website ("Site"). It is owned, operated by and licensed to Fairfield Development. By using or accessing any area of this Site, users (“You,” "User" or "Users") agree to be legally bound and abide by these Terms of Use, set forth below.
Fairfield offers its services in the respective jurisdictions where it is qualified to do so. The information at this Site is not targeted at persons or entities residing or doing business in any particular country or state and is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. This Site is for informational and entertainment purposes only. Not all products or services described here are available everywhere. Nothing here is an offer to sell or solicitation of an offer to buy any product or service in any jurisdiction where such offer or sale is contrary to local law or regulation. Users should inform themselves about and observe any such laws or regulations and consult a professional adviser if in doubt as to the meaning of any part of the content of this Site. User agrees to access and use the Site subject to and in accordance with all applicable federal, state, and local laws, regulations, and treaties.
MODIFICATION OF TERMS AND CONDITIONS
Fairfield may amend these Terms of Use or any other notices, terms, policies, and conditions on this Site at any time by updating this posting. Accordingly, Users should visit this Site from time to time to review the then-current and effective Terms of Use because all Users are bound by them. User’s continued use of this Site after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site. No delay or failure to take action under such terms and conditions will constitute a waiver by Fairfield, unless expressly waived in writing by a duly authorized officer of Fairfield.
LISTINGS AND FLOOR PLANS
Fairfield lists floor plans and related pricing of residential units available for lease. Fairfield attempts to maintain accurate and up-to-date information regarding these floor plans, but cannot provide any assurance as to the accuracy of such information. All floor plan and pricing information is subject to change without notice.
INTELLECTUAL PROPERTY INFORMATION
By accepting these Terms of Use, Users acknowledge and agree that all information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, files, and other material (collectively "Content") displayed on this Site are the sole property of Fairfield and/or its affiliates, are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. Fairfield will aggressively enforce its intellectual property rights to the fullest extent of the law.
Nothing contained on this Site or elsewhere should be construed as granting, expressly, by implication, estoppel, or otherwise, any license or right to use any Fairfield trademark or service mark without the express written permission of Fairfield. Fairfield's marks may not be used in connection with any product or service that is not Fairfield's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Fairfield. Trademarks, company names and logos appearing on this Site that are not the property of Fairfield are the property of their respective owners, and the permission of such third parties must be obtained to use their trademark(s) or service mark(s).
All Content on the Site is copyrighted individually or as a collective work under applicable copyright laws and treaties, and Fairfield owns all copyrights in the selection, coordination, arrangement, and enhancement of such Content and in databases pursuant to applicable laws and treaties. Except as permitted elsewhere in these Terms of Use or by the fair use privilege under applicable copyright laws or treaties, if any, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement applicable to such software. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
TERMINATION POLICY FOR VIOLATION OF COPYRIGHT
Users of this Site are responsible for compliance with all copyright laws pertaining to information that they place on the Internet using Fairfield's facilities. Use of Fairfield's online services will be terminated for anyone who violates the copyright provisions of the United States Code on the second notice of violation by Fairfield. Information about the Copyright Act and copyright law can be found at http://lcweb.loc.gov/copyright. Fairfield will respond to complaints of copyright infringement as provided for in the Digital Millennium Copyright Act ("DMCA"). In accordance with the DCMA, Fairfield has designated the following individual (the "Designated Agent") to receive notification of possible violations of copyrights:
Webmaster
Fairfield Development LP
2045 N. Highway 360 Grand Prairie, TX 75050
Tel: 214-574-1500 Fax: 817-640-9465
E-mail: webmaster@fairfield-properties.com.
Fairfield will expeditiously remove and/or block access to material posted by a User upon notice of infringement of copyright provided to the Designated Agent by the copyright owner. The individual responsible for posting material suspected of copyright infringement will be promptly notified by the Designated Agent and will be provided with the following information:
If the individual receiving notice of improper use believes that the material in question is being used lawfully, a "Counter Notice" should be provided to the Designated Agent, and Fairfield will restore access within 14 days of the Counter Notice, unless the matter has been referred to a court. The Counter Notice must contain the following:
Under the DMCA, Fairfield may be obligated to provide names of individuals using its online services upon the order of a federal court. Fairfield will safeguard the privacy of a User's identity on the Internet to the full extent of the law, subject to our Privacy Policy. Questions about compliance with the DMCA at Fairfield may be addressed to the Designated Agent listed above.
FAIRFIELD'S RIGHTS
Fairfield may elect to electronically monitor the User submit areas and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of individual Users, Fairfield or its affiliates, directors, officers, employees, or other representatives. Fairfield is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, Fairfield may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. Fairfield reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Fairfield, or its affiliates, directors, officers, employees or other representatives, persons in the jurisdictions that may access the Site, or any rights of Fairfield or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Fairfield, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Fairfield, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Site.
ONLINE CONDUCT
Any conduct by a User that in Fairfield's sole discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted. User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically harassing, intimidating or discriminating, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable local, state, national, or international law. Users may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any account on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. If you create a password on the Site, you may not disclose your password to any third parties or use your password for any unauthorized purpose. Users may not use the Site to send unsolicited advertising, promotional material, or other forms of solicitation to other Users, except in those specified areas, if any, that are designated for such a purpose. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to this Site if you breach these Terms of Use, if we are unable to verify or authenticate any information you provide to us, or if we believe that your conduct violates applicable law or is harmful to the interests of Fairfield, its affiliates, or other Users. As a condition of your use of the Site, you agree that you will not: (i) use the Site to infringe the intellectual property rights of others in any way; (ii) use the Site, or attempt to penetrate, modify, or manipulate the Site or services offered through or at the Site or any of the hardware or software thereof in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of any other User of the Site, or to modify, damage, or erase any information contained at the Site or any other User connected to the Site; or (iii) reverse engineer any portion of the Site.
CONFIDENTIALITY OF USER COMMUNICATIONS
Fairfield has a firm commitment to safeguard the privacy of Users to the full extent of the law. Fairfield encourages Users to review Fairfield’s Privacy Policy. Nevertheless, User acknowledges and agrees that by providing Fairfield with any personal or proprietary User information through the Site, including proprietary credit card/customer account data, User consents to the transmission of such personal or proprietary User information over international borders as necessary for processing in accordance with Fairfield's business practices, and to third parties as necessary in the course of Fairfield’s business activities.
Fairfield reserves the right to cooperate fully with state, local, federal, and international officials in any investigation relating to any Content (including personal or private electronic communication transmitted on the Fairfield Site) or purported unlawful activities of any User.
INTERNATIONAL PRIVACY COMMITMENT
These Terms of Use and Fairfield’s Privacy Policy are currently applicable to Fairfield’s United States customers and visitors to the Site. As websites for international audiences are developed, they will maintain their own rules and practices, to be consistent with this statement, which they may modify as needed for particular products and services, or to conform to local laws or customs around the world. If you have any questions about the Fairfield Privacy Policy, you may send an e-mail to webmaster@fairfield-properties.com.
USE OF LINKS
Should the User leave this Site via a link contained herein, and view content that is not provided by Fairfield, the User does so at his or her own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Fairfield. Fairfield is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such Site, whether actual, alleged, consequential or punitive. Fairfield makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. Furthermore, if you choose to take advantage of an offer from a company other than Fairfield and you become their customer by contacting that company's website, your actions on that site and the treatment of your information will be subject to the terms and conditions and privacy policy application to that site.
DISCLAIMERS AND LIMITATION OF LIABILITY
The Site is provided for the convenience of its users on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, security or accuracy. Neither Fairfield, nor its affiliates, directors, officers, employees or other representatives, warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Site. No oral advice or written information given by Fairfield or its affiliates, directors, officers, employees, or other representatives, shall create a warranty; nor shall User rely on any such information or advice. Neither Fairfield nor any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a User on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Fairfield's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
MISCELLANEOUS
These Terms of Use shall be governed in all respects by the laws of the State of Texas. Fairfield does not guarantee continuous, uninterrupted or secure access to its services, and operation of the Site may be interfered with by numerous factors outside Fairfield’s control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Fairfield’s failure to act with respect to a breach by User or other Users does not waive Fairfield’s right to act with respect to subsequent or similar breaches.
NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between User and Fairfield is intended or created by these Terms of Use.
ARBITRATION
Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas, Texas and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either User or Fairfield may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas, Texas necessary to protect the rights or property of User or Fairfield pending the completion of the arbitration. Notwithstanding the foregoing, to the extent User’s actions cause Fairfield irreparable harm for which money is inadequate compensation, Fairfield reserves the right to seek immediate injunctive relief, in addition to damages and other available remedies.
ACKNOWLEDGMENT
These Terms of Use represent the entire understanding between User and Fairfield regarding User’s relationship with Fairfield with regard to User’s use of this Site and supersedes any prior statements or representations.
CONTACT
If User has any questions relating to these Terms and Conditions, please contact Fairfield at webmaster@fairfield-properties.com, or call 214-574-1500.
Effective Date: April 7, 2008