Riverton
By using this website and all other sites, mobile sites, services, applications, platforms and tools where these Terms of Use appear or are linked (collectively, the “Website”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these Terms of Use constitute a binding and enforceable contract between you and Riverton Square, LLC the “Company”).
These Terms of Use set forth the terms and conditions under which you may access and use the Website. If you do not agree to these Terms of Use, you may not use this Website.
The Company may, in its sole discretion at any time and without prior notice, modify these Terms of Use, in whole or in part, by posting such modifications on the Website. Your continued use of the Website following the posting of changes will operate as an acknowledgement of your acceptance of and agreement to be bound by the then current Terms of Use. If at any point the Terms of Use are not acceptable to you, your only recourse is to cease using this Website. The Terms of Use include the date the Company last updated the Terms of Use.
The Company hereby grants you a license to view the Website solely in accordance with these Terms of Use. You agree and acknowledge that the Website, which shall include, but not be limited to, information, data, graphics, text, video, and other content provided on or via the Website, and all rights therein, is the sole and exclusive property of the Company. You agree that the Website is for informational purposes only and does not constitute an offer of sale or lease of any property, product or service. You agree to use the Website solely for your personal, non-commercial informational purposes. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Website.
As a condition of your use of the Website, you agree not act in any manner that will be harmful or detrimental to the Website, the Company, or its users, and that you will not assist, encourage, or enable any other individual or entity to do so. For example, you agree not to:
You agree to cooperate with us in causing any prohibited activity to immediately to cease.
The Company reserves the right to temporarily disable or permanently discontinue any and all functionality, content or availability of the Website, at any time without notice and with no liability to you.
If you fail to comply with any provision of these Terms of Use, any rights granted to you herein will automatically terminate without notice, and your right to use the Website shall automatically cease.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY (i) THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE; OR (ii) REGARDING THE QUALITY OR ACCURACY OF ANY DATA, PROPERTIES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PROVIDED OR MADE AVAIALBLE, DIRECTLY OR INDIRECTLY, THROUGH THE WEBSITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, FRAUD OR OTHERWISE, WILL THE COMPANY, ITS PARTNERS, AND AFFILIATES, OR ANY OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY WITH COMPANY, “THE COMPANY ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, REGARDLESS OF CAUSE AND WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT ANY COMPANY ENTITY IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL ASPECTS OF THE WEBSITE, PROPERTIES, PRODUCTS OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM THE COMPANY (OR ANOTHER COMPANY ENTITY) AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM.
WITHOUT LIMITING THE FOREGOING, YOU HOLD HARMLESS THE COMPANY ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION OR INVESTIGATION RELATED TO THE WEBSITE, INCLUDING ANY PROPERTIES, PRODUCTS OR SERVICES REPRESENTED THEREON.
NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATIONS ABOVE, ANY OR ALL OF THE COMPANY ENTITIES IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST THE COMPANY ENTITIES.
The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
You agree to defend, indemnify and hold harmless the Company, its affiliates, partners, advisors, employees, members, managers, officers, directors, agents, licensors, licensees or content providers) (the “Company Indemnities”) from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys’ fees), arising out of or relating to your use of the Website.
Governing Law. By accessing the Website, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or its affiliates. In addition, you agree to submit to the exclusive jurisdiction of the courts of the State of New York in the county of New York, and that any action pursued concerning these Terms of Use or your use of the Website shall be within the exclusive jurisdiction of the courts of the State of New York in the county of New York.
Severability and Survival. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect and shall be interpreted in such a manner as to preserve enforceability of the remainder of the Terms of Use while maintaining the least change in scope. Each provision in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.
No Waiver. The failure by either you or the Company to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use. Only a specific, written waiver signed by an authorized representative of the Company shall have any legal effect.