Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT USE THIS WEB SITE.
Overview.
Welcome
to the RiverPlaceSC web site.
The goal of this web site
(the “Web
Site”)
is to provide you with access
to comprehensive information
about the RiverPlace development
in Greenville, South Carolina.
This Web Site is owned and
provided by Riverplace Development,
Inc., a South Carolina corporation
(“RiverPlace”),
and is made available to you
pursuant to these Terms of
Use (the “Terms”).
These Terms constitute your agreement with RiverPlace with respect to your use of this Web Site. By accessing, browsing, or using this Web Site, you acknowledge that you have read, understood, and agree to be bound by the Terms. You must abide by the Terms in order to become and remain an authorized user of this Web Site.
RiverPlace reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. The modifications will be effective immediately upon posting. By using this Web Site after we have posted notice of modifications, alterations or updates, you agree to be bound by those revised Terms.
If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. RiverPlace retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.
Certain
Definitions.
“Content” means
any and all content included
in or available through this
Web Site, including, without
limitation, information,
text, data, articles, ideas,
drawings, configurations,
designs, projects, programs,
routines, concepts, instructions,
graphics, logos, HTML, button
icons, metatags, pictures,
photographs, clip art, images,
illustrations, promotional
materials, links, downloads,
software, audio, video and
any other items or expressions
included in or available through
this Web Site.
“Marks” means all trademarks, service marks, logos, graphics, designs, page headers, button icons, scripts, domain names, metatags, trade dress, and trade names applicable to the business, operations, facilities, and services of RiverPlace.
Proprietary
Rights.
The
Marks are owned exclusively
by RiverPlace or its affiliates
and may not be copied, imitated,
or used, in whole or in part,
without the prior written
consent of RiverPlace. The
Marks may not be used in connection
with any product or service
that is not owned or provided
by or affiliated with RiverPlace,
in any manner that is likely
to cause confusion among customers,
or in any manner that disparages
or discredits RiverPlace.
Other trademarks, service
marks, logos, graphics, product
names and company names not
owned by RiverPlace that may
appear on this Web Site are
the property of their respective
owners, who may or may not
be affiliated with, connected
to, or sponsored by RiverPlace.
All Content on this Web Site is protected by copyrights, trademarks, service marks, and/or other intellectual property rights, and is owned and controlled by RiverPlace or its affiliates, or by third party content providers, merchants, sponsors, and licensors (collectively "Providers") that have licensed their content to RiverPlace. Content on this Web Site is solely for your personal use. You may print a copy of the Content for your personal use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for other commercial purposes without the prior written consent of RiverPlace or the Providers, as applicable.
Without the prior written consent of RiverPlace or the Providers, as applicable, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose not permitted above, violates the rights of the owners of the www.RiverplaceSC.com and/or the Provider copyrights, trademarks or service marks, and other proprietary rights, and is prohibited. You may not use on any other web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content on this Web Site without prior written consent of RiverPlace.
Use
of Web Site.
In
using this Web Site, you
agree that you will comply
with all applicable national,
state or local laws, statutes,
regulations and ordinances;
and that you will not use
any device, software, routine
or other means to interfere
with or attempt to interfere
with the proper working
of this Web Site or otherwise
restrict or inhibit another
user from using and enjoying
this Web Site. As a condition
of your use of this Web
Site, you warrant to RiverPlace
that you will not use this
Web Site for any purpose
that is unlawful or prohibited
by these Terms, including
without limitation the posting
or transmitting of any threatening,
libelous, defamatory, obscene,
scandalous, inflammatory,
pornographic, or profane
material, or any material
that violates intellectual
property rights of other
parties. You may not establish
a hyperlink to this Web
Site or provide
any links that state or
imply
any sponsorship or endorsement
of your web site by RiverPlace,
or its affiliates or Providers.
RiverPlace
Plans are Subject to Change
without Notice.
Any
existing conditions or amenities
at RiverPlace, and any Content
on this Web Site regarding
those conditions or amenities,
are subject to change without
notice, and viewers or users
of this Web Site shall have
no right to rely on such
Content in any way, or to
object or oppose changes
in the conditions at RiverPlace.
Any drawings, renderings, site plans, or other Content of any kind on this Web Site regarding the future development of RiverPlace is provided only as a possible concept for future development and shall not be construed as any representation as to the development that will actually occur. All such Content is subject to change at any time, without notice; and no party may rely upon such Content in any way.
Links
to Other Web Sites.
This
Web Site may contain links
to other web sites ("Linked
Sites").
The content of any Linked
Sites is not under the control
of RiverPlace, and RiverPlace
is not responsible for, and
does not endorse, that content,
whether or not RiverPlace
is affiliated with the owners
of the Linked Sites. The
Linked Sites are provided
for your convenience and information
only and, as such, you access
them at your own risk.
Information
Provided by Third Parties.
Certain
information on this Web Site
may be provided by third
parties, and RiverPlace assumes
no responsibility
or liability
for such information.
Disclaimer
of Warranties.
THIS
WEB SITE AND ITS CONTENT
ARE PROVIDED ONLY ON AN “AS
IS” AND “AS
AVAILABLE” BASIS.
RIVERPLACE MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, REGARDING
THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF
THIS WEB SITE; AS TO THE
RELIABILITY, ACCURACY OR
CURRENCY OF ANY INFORMATION
ACQUIRED PURSUANT TO YOUR
USE OF THIS WEB SITE;
THAT THIS WEB SITE OR ITS
CONTENT WILL BE PROVIDED
IN A MANNER THAT IS UNINTERRUPTED,
TIMELY, SECURE OR ERROR
FREE; THAT DEFECTS WILL
BE CORRECTED; THAT THIS
WEB SITE OR ITS CONTENT
ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS;
OR THAT THIS WEB SITE
OR ITS CONTENT WILL MEET
YOUR REQUIREMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RIVERPLACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation
of Liability.
ANY SITE CONTENT
YOU ACCESS OR DOWNLOAD IS
AT YOUR OWN DISCRETION AND
RISK. YOU AGREE THAT RIVERPLACE
AND ITS AFFILIATES SHALL
NOT BE RESPONSIBLE NOR IN
ANY WAY LIABLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM,
LOSS OF DATA, OR OTHER DAMAGE
THAT OCCURS DUE TO SUCH ACCESS
OR DOWNLOADS. YOU EXPRESSLY
AGREE THAT NEITHER RIVERPLACE
NOR ANY PERSON OR ENTITY
INVOLVED IN THE CREATION OR
OPERATION OF THIS WEB SITE
IS RESPONSIBLE OR LIABLE TO
ANY PERSON OR ENTITY WHATSOEVER
FOR ANY LOSS, DAMAGE (WHETHER
ACTUAL, CONSEQUENTIAL, PUNITIVE
OR OTHERWISE), INJURY, CLAIM,
LIABILITY OR OTHER CAUSE
OF ANY KIND OR CHARACTER WHATSOEVER
BASED UPON OR RESULTING FROM
THE USE OR ATTEMPTED USE
OF THIS WEB SITE OR ANY OTHER
LINKED SITE, WHETHER BASED
ON BREACH OF WARRANTY (EXPRESS
OR IMPLIED), BREACH OF CONTRACT,
NEGLIGENCE, STRICT TORT LIABILITY,
OR OTHERWISE, EVEN IF RIVERPLACE
HAS BEEN ADVISED OF THE POSSIBILITY
OR LIKELIHOOD THEREOF.
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RIVERPLACE AND RELATED PERSONS AND ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RIVERPLACE IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THOSE JURISDICTIONS, RIVERPLACE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification.
You
agree to indemnify, defend,
and hold harmless RiverPlace
and the Providers, its and
their officers, directors,
employees, affiliates, agents,
licensors, and suppliers,
from and against all losses,
expenses, damages and costs,
including reasonable attorneys'
fees, resulting from any
violation by you of these
Terms, or from the infringement
by you (or any other user
of this Web Site through
the use of your computer)
of any rights (including,
without limitation, copyright,
patent, trademark, service
mark, trade dress, trade
secret, privacy, and publicity
rights) of others.
General
Provisions.
Benefited
Parties: These Terms are for
the benefit of RiverPlace
and its Providers and their
officers, directors, employees,
affiliates, agents, licensors,
and suppliers. Each of these
individuals or entities will
have the right to assert and
enforce these Terms directly
against you on its or their
own behalf.
Severability:
If any provision of these
Terms is held invalid, void,
or unenforceable by a court
of competent jurisdiction,
the remaining provisions will
nevertheless continue in full
force and effect without being
impaired or invalidated in
any way.
Waiver: Any waiver of any of the terms and conditions set forth herein or in the Commercial Terms will be effective only if in writing and signed by RiverPlace, and the failure of RiverPlace to exercise or enforce any of such terms and conditions will not constitute a waiver of such right or provision.
Web Site Changes: RiverPlace retains title and ownership of this Web Site. RiverPlace may, at any time and from time to time, change, suspend or discontinue any aspect of this Web Site, including the availability of any feature, database, or Content. RiverPlace may, at any time and from time to time, impose limits on certain features and services or restrict user access to all or any parts of this Web Site.
Governing Law: The Terms will be governed by and construed in accordance with the laws of the State of South Carolina, without reference to its conflicts of law rules. You hereby submit to the exclusive jurisdiction of the federal and state courts located in Greenville County, South Carolina with respect to any claim or suit arising out of or connected in any way with this Web Site or these Terms, and you hereby waive any right to assert jurisdiction or venue in any other court.
Entire
Agreement: These Terms, and
any applicable written agreement
between you and RiverPlace
constitute the entire agreement
and understanding between
you and RiverPlace with respect
to the subject matter hereof
and supersede all prior oral
or written agreements or understandings
between you and RiverPlace
relating thereto.
ANY
RIGHTS NOT EXPRESSLY GRANTED
HEREIN ARE RESERVED BY RIVERPLACE.
