Effective as of 10.18.16
A. Use of the Websites, Services and Websites Material.
B. Links and Third Parties.
C. Idea Submission/Use of Information.
While AMLI does not claim ownership of any content, messages, comments or suggestions that you may submit to AMLI, by submitting to AMLI or any of its affiliated entities any content, message, comment or suggestion or any other material (collectively, “Materials”), you shall and hereby do authorize and grant to AMLI and its affiliated entities the world-wide, perpetual, irrevocable, royalty-free and fully paid-up, non-exclusive right and license (including the right to grant sublicenses through multiple levels) to use, display, reproduce, modify, perform, distribute, transfer, and create derivative works based upon, and otherwise exploit, such Materials, in whole or in part, anywhere in perpetuity in any and all media, whether alone or together or as part of any material of any kind or nature. Without limiting any of the foregoing, AMLI and its affiliated entities will have the right (including the right to grant sublicenses through multiple levels) to use, copy, display, perform, distribute, modify, create derivative works based upon, and re-format such Materials in any manner that AMLI may determine. By submitting Materials, you represent and warrant to AMLI that you have all necessary rights in and to all Materials you provide and all information they contain and that such Materials do not misappropriate or infringe any patent, copyright, trade secret or other intellectual property, proprietary or other rights of third parties and do not contain any libelous, tortious, or otherwise unlawful information.
D. Internet Privacy and Security.
F. List of Restrictions.
Neither the Websites or Services, nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted or redistributed, except that you may download one (1) copy of such materials to your individual computer solely for your personal, non-commercial use only (which also excludes any use by any governmental, educational, charitable, or other institutional use that is not strictly a personal use by you), provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation. You may not modify or prepare derivative works based upon the Websites or Services, or any element thereof.
G. Scope of Content.
The Services, and any other services, products and programs that may be mentioned on the Websites, are subject to availability. For specific unit availability and program information, please visit the applicable AMLI community.
H. Reservation of Rights.
All rights, titles, and interests in and to the Websites and Services, and all elements thereof, are owned and reserved by AMLI and its licensors. The Websites and Services are protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention. All trademarks, service marks, and trade names are proprietary to AMLI and its licensors. In particular, the AMLI logo, the word “AMLI,” and the AMLI advertising slogan are registered trademarks. None of the items mentioned herein may be used without the express written consent of AMLI. All rights not expressly licensed hereunder are reserved by AMLI and its licensors.
I. Disclaimers and Limitation of Liability.
1. WARRANTY DISCLAIMER
THE WEBSITES AND SERVICES, AND ALL ELEMENTS THEREOF, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. AMLI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE WEBSITES, SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR OTHER SERVICES MENTIONED OR CONTAINED ON THE WEBSITES, FOR ANY PURPOSE. AMLI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AMLI DOES NOT WARRANT THAT THE WEBSITES OR SERVICES WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITES OR SERVICES, OR ANY ASSOCIATED COMPUTER, SERVER OR NETWORK, WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE. AMLI MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITES OR SERVICES IS CURRENT, UP-TO-DATE, COMPLETE, OR ACCURATE. AMLI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITES OR SERVICES. NO WARRANTY, EXPRESSED OR IMPLIED, IS MADE REGARDING ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY OR USEFULNESS OF ANY MATERIALS OR CONTENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
2. LIABILITY LIMITATION.
UNDER NO CIRCUMSTANCE AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY, OR OTHERWISE, WILL AMLI BE LIABLE TO YOU OR ANY OTHER PARTY FOR AN INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, LOSS OF GOODWILL, LOSS OF BUSINESS, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE OR WHETHER FORESEEABLE OR AMLI HAD NOTICE OF THE POTENTIAL FOR SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEBSITES AND SERVICES.
J. General Terms and Conditions.
K. Contact Us.
II. AMLI’S TEXT ALERTS SERVICE.
AMLI may provide you with the opportunity to opt in to receiving text alerts regarding your AMLI residential community (this Service, the “Alerts Service”). The Alerts Service allows you to receive on your mobile device texts, including SMS (Short Messaging Service) messages and informational messages, advertisements or telemarketing messages. The following terms apply to the Alerts Service, including possible fees associated with text messaging.
A. Opt In.
B. Opt Out.
You may opt out of the Alerts Service at any time by texting "AMLISTOP" to 39771 from the mobile device you designated when opting in to the Alerts Service.
For additional information, text "SUPPORT" to 39771 from your mobile device.
D. Supported Carriers.
The Alerts Service is supported by various carriers. Messaging frequency varies. The Alerts Service may only be provided for U.S. mobile phone numbers.
The Alerts Service is a free service, but text messages sent by/received on your mobile device may be subject to message and data rates by your carrier.
You acknowledge that text messages are distributed via third-party mobile network providers and therefore AMLI cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier, it may not be possible to transmit the text message to you successfully.
AMLI does not claim or guarantee availability or performance of the Alerts Service, including liability for transmission delays or message failures.
G. Responsibility for Updating Information.
You represent and warrant that you are the owner, or authorized user, of the mobile device you used to opt in to the Alerts Service, and that you are authorized to approve the applicable charges. In the event that you cease to be the owner, or authorized user, of the mobile device you used to opt in to the Alerts Service, you shall immediately opt out of the Alerts Service with respect to such mobile device as described in Section II.B above. If you wish to continue receiving messages from AMLI, you will need to re-opt in to the Alerts Service using a mobile device that you own or are authorized to use.
III. ADDITIONAL INFORMATION FOR ACCOUNTS.
A. Registration and Account Information.