Your Use of the Site.
The entire content of this Site, including, but not limited to text, graphics and code, is the property of Woodley Building Management (WBM). You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any WBM server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of WBM, including any WBM account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or WBM’s systems or networks, or any systems or networks connected to the Site or to WBM.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to WBM on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our intellectual property without our written permission.
Any other use, including, but not limited to reproduction, distribution, display or transmission of the Site, is strictly prohibited unless authorized in writing in advance.
WBM’s Privacy Statement is part of the Site, and applies to use of this Site. Keep in mind that internet transmissions are never completely private or secure. Any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
By using the Site, you agree to let WBM collect information about your usage of the Site. We currently collect information such as pages visited to supplement our records, build a more useful website, determine the features that most interest you, and explore what kinds of information users like to see. You agree to let WBM collect certain types of information from and about your device.
WBM does not share your name, contact information or other personally identifiable information to third parties without your express consent.
Links to Third-Party Sites.
The Site may contain links to other, third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under WBM’s control, and WBM is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You should contact those linked sites directly for information on their privacy, data collection and distribution policies. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Other Terms and Conditions.
THE SITE ARE PROVIDED “AS IS.” WBM DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SITE PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE SITE IS AT YOUR OWN RISK, AND WBM DOES NOT VOUCH FOR THE ACCURACY, COMPLETENESS OR TRUTH OF ANY THIRD-PARTY OR USER CONTENT.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, WBM, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS ARE NOT LIABLE FOR ANY DAMAGES ARISING OUT OF THESE TERMS OR THE SITE, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EMOTIONAL DISTRESS, BODILY INJURY, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER TYPE OR FORM OF DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WBM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF, FOR SOME REASON, NOTWITHSTANDING THE LIMITATION OF LIABILITY ABOVE, AN ARBITRATOR OR COURT DETERMINES THAT DAMAGES AGAINST WBM ARE PERMITTED, THEN YOU AGREE THAT WBM’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL BE LIMITED TO THE GREATER OF $20 OR THE AMOUNT PAID, IF ANY, TO WBM.
You and WBM agree to resolve any claims relating to these Terms or the Site first through informal discussion, and if not resolved within 60 days, by final and binding arbitration. Both parties waive the right to try their disputes before a judge or jury. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Jackson County, Missouri, or any other location to which we agree. The AAA rules will govern payment of all arbitration fees. WBM will pay all arbitration fees for claims less than $500. WBM will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
No Class Actions.
You may only resolve disputes with WBM on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, class arbitrations and consolidation with other arbitrations are not allowed.
Exception to Arbitration for Injunctions.
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
These Terms will be governed by Missouri law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and WBM with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment.
WBM’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. WBM may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Site.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Site after the revisions come into effect, you agree to be bound by the revised Terms.
Last Updated: November 6, 2014