You should read the Terms carefully prior to your use of the Website, and if you do not agree with or wish to be bound by these Terms, you should not make any further use of this Website and should log off of this Website immediately.
Ownership and copyright
This Website is owned and operated by ASA Properties LLC (“we” or “us”). This Website contains trademarks, service marks, logos, copyrights and other intellectual property, including, without limitation, text, data, graphics, audio, video, charts, pictures, photographs, images, line art, concept art, icons, renditions, maps, depictions, drawings, elevations and floor plans and other information (collectively, the “Website Content”) owned by or licensed to us. We or our licensors are the sole owners of all Website Content, including, without limitation, all copyrights, trademarks, service marks, and other intellectual property rights thereto. You acknowledge that your use of the Website and the Content is limited to the terms of the license, and all other terms and conditions, set forth in these Terms.
The Website and the Website Content is the valuable, exclusive property of us and our licensors, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Website Content is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted herein, you may not copy, adapt, distribute, commercially exploit, or publicly display the Content or any portion thereof in any manner whatsoever without our prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Website or the Website Content.
Trademarks and service marks
We own the rights to, or license, a number of trademarks and service marks, including without limitation Veramendi, and ASA Properties. These marks may or may not be registered with the United States Patent and Trademark Office and include a variety of logos and designs. You may not use any of these marks without our prior express written permission.
The Website also contains trademarks and service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners, and you may not use any such marks without the prior express written permission of their respective owners. As described further below, you agree to indemnify, defend and hold us harmless from any claim or suit brought by a third party due to your use of these marks without the permission of the proper party or parties.
The Website Content is provided to you under a limited, non-exclusive, revocable, non-transferable license to access, view and use the Website, including the Website Content, subject to any access restrictions we may establish from time to time. You may download, view, copy and print the Website Content solely for your personal use, and only if you attribute ownership and authorship to us. Your use of the Website and Website Content is limited by the restrictions on use provided below.
General prohibitions on use
Notwithstanding the license granted above, you may not to do any of the following in connection with your use of the Website:
- resell, redistribute, broadcast or transfer the Website Content or use the Website Content in a searchable, machine-readable database or file except through the authorized access to the Website;
- rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, transmit, share, disseminate, adapt, modify, create derivative works, mine, harvest, collect, store or time-share the Website, any part thereof, or any of the Website Content received or accessed therefrom to or through any person or entity;
- use the Website Content for any purpose which (i) is inconsistent with the business purpose of the Website, (ii) is for any commercial transaction unrelated to the business purpose of the Website, (iii) facilitates competition with the Website, (iv) makes commercial use of the Website for the benefit of a person other than us or our affiliates or (v) violates applicable United States or international law.
- access any restricted or password-protected area of the Website without our authorization;
- collect or store personal data about other users;
- impersonate any other person or organization, including without limitation, our personnel, or misrepresent an affiliation with another person or organization; or
- upload, post, reproduce, distribute or transmit any information or material through the Website which (i) infringes the rights of others, contains personal information about any individual, or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) infringes on the copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) constitutes any advertising or promotional materials or any other form of solicitation or unauthorized communication that is not for the sole benefit of us or our affiliates, or (v) contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Website or any computer software or hardware or telecommunications equipment.
Changes to terms and website; entire agreement
We reserve the right to change these Terms from time to time. Such changes may include without limitation discontinuance of functional aspects of the Website. If we make changes, we will let you know by posting the changes on the Website. Your use of the Website after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
We may, in our sole discretion and at any time, discontinue the Website or any part thereof, or prevent your use of the Website, with or without notice to you. You agree that you do not have any rights in the Website and that we will have no liability to you if the Website is discontinued or your ability to access the Website or any content you may have posted on the Website is terminated.
These Terms and any other legal terms found elsewhere on this Website are the entire agreement between you and us with respect to your use of the Website, and supersede any and all other understandings or agreements, written or oral, regarding your use of the Website.
Certain areas of the Website may require a password, which we may provide to you. Whether we provide you with password or you create your own, we will not share your password with anyone. It is your responsibility to keep your password confidential and secure. You also should take care to log off (close your browser) after using your password on the Website. You are responsible for all interactions that occur on the Website using your password, regardless of whether such actions were authorized.
User submissions and content
From time to time on certain areas of the Website you may be able to submit reviews, comments, suggestions and certain other materials (“User Content”). By using these features you agree that you will not submit any User Content in violation of the prohibitions on use of the Website described above.
You further understand and agree that you have no ownership rights in any user or other account you may have with us, or access to the Website or features therein. We may terminate your account and delete all associated User Content at any time and without notice if we determine that you have violated these Terms, the law, or for any other reason. We shall have no liability for removing such User Content from the Website, and reserve the right to permanently limit or restrict your access to the Website.
You acknowledge that we reserve the right, and may from time to time (but are not obligated to), monitor your access and use of the Website and all User Content transmitted or received through the Website. We may (but are not obligated to), at our sole discretion and without further notice to you, review, censor or prohibit the transmission or receipt of any User Content which we deems inappropriate or that violates any term or condition of these Terms. During monitoring, User Content may be examined, recorded, copied, and used for authorized purposes.
Licensing and ownership of user content and ideas
By displaying, publishing, or otherwise posting any User Content on or through the Website, you hereby grant to us a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein.
You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the Website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to our business or our initiatives (your “Ideas”). With respect to Ideas you acknowledge and that (a) we receive numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any similar Ideas, whether based on your User Content, provided to us by third parties, or independently developed or considered by us, shall be without any obligation to you.
DMCA and infringement claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe in good faith that materials on the Website infringe their rights. If you believe that materials on the Website infringe your copyright, you or your agent may send us a notice requesting that we remove or block the material. Notices must meet the requirements of the DMCA. Notices may be sent to us at: ASA Properties LLC c/- McGinnis Lochridge Kilgore, 600 Congress Avenue, Suite 2100, Austin, Texas 78701. There are penalties for false claims under the DMCA.
You agree to release, indemnify, defend and hold us, our parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, that arise out of, are related to or in connection with (a) these Terms or your access or use of the Website or (b) your violation of these Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to us or the Website, in each case, even if caused, in whole or in part, by the joint, sole or concurrent negligence, willful misconduct, strict liability or other fault, whether passive or active, of any person or entity, including any of the indemnified parties.
No warranties; no liability for special damages
We try our best to provide accurate and up to date information, but information on the Website may not always be accurate or up to date. We do not warrant the accuracy and completeness of any information, text, graphics, links or other materials on this website. We make no warranty about the reliability of our website. For these reasons, you acknowledge and agree that the Website, the Website Content and the Veramendi development are provided to you on an “as is” and “with all faults” basis. We and our licensors expressly disclaim any and all warranties regarding the Website, the Website content or the Veramendi development, whether express, oral, implied, statutory or otherwise, including without limitation any implied warranty of fitness for a particular purpose or merchantability, or any implied warranties of title or non-infringement. Further, we and our licensors make no representations or warranties that the Website, the Website Content or the Veramendi development will meet your requirements or are suitable for your needs. Under these Terms, you assume all risks of errors and/or omissions in the Website and the Website Content, including the transmission or translation of the Website Content. You hereby assume all responsibility, by whatever means you deem most appropriate for your needs, for detecting and eradicating any virus or similarly harmful content.
We shall not be liable for any special, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits whether or not advised of the possibility of damages, and on any theory of liability, arising out of or in connection with your use of the Website or any Website Content or entry onto the Veramendi development. The information on this Website may change without notice.
The information on this Website represents no commitment on our part to undertake any future action. We do not represent or warrant that any portion of Veramendi will be developed in accordance with any development plans described on the Website (the “Plans”), or at all. We reserve the right to change the Plans, specifications or scheduling of the development of Veramendi at any time to meet our marketing, legal or business requirements, which may change at any time. We reserve the right to cease development, sales, marketing or other activities with respect to Veramendi or any phase with Veramendi in response to market or other conditions.
Property-specific information; incentives
If the Website includes any property or community-specific information, including without limitation pricing, included or optional features, terms, availability and amenities, all such information is subject to change and prior sale at any time without notice or obligation. All drawings, pictures, photographs, video, square footages, floor plans, elevations, features, colors, views, locations, materials and sizes depicted on the Website are for illustration purposes only, may show locations other than Veramendi, and may vary from properties or communities as built. Nothing on the Website should be construed as legal, accounting or tax advice.
Further, it is possible that aspects of Veramendi and any properties in Veramendi will change after construction of any particular property. For example, views and scenes that are visible from particular portions or lots in Veramendi may change or may be blocked or partially obstructed as development activity continues within Veramendi. Views are affected by our development of remaining land in Veramendi and by others both inside and outside of Veramendi. We make no representation or warranty regarding the protection of views, and no sales agent, broker or any of our other representatives are authorized to sell any property based upon future expectation regarding presence or absence of any view or scene from such property.
Any property incentives and/or seller contributions may require the use of certain lenders or title companies, some of which may be our affiliates, and could affect financing amounts. Not all people will qualify for all offers. Promotional offers are typically limited to specific properties and communities and are subject to terms and conditions. Please consult a sales agent or broker and review any applicable sales contract or other documentation for additional information, disclosures and disclaimers.
No endorsements of others; linking to others’ websites
We may reference other companies’ products on the Website. The Website may contain references to products of other companies and links to other websites, including websites of companies and persons that are unaffiliated to us. These Terms do not apply to those websites. The links to those websites are provided for your convenience only. We do not warrant or endorse the companies, products, services, information or programs associated with these websites. Similarly, we do not warrant or endorse any companies, persons or products that appear on the Website that are not directly affiliated with us.
The Website may be linked to other sites which are not maintained by us. Your use of such other sites is at your own risk. We are not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by us of the linked sites. We disclaim any liability for links: (a) from another site to the Website and (b) to another site from the Website.
Other parties involved with Veramendi
There are a variety of builders, developers and managers, and their respective subcontractors and agents (“Third Parties”) that will take part in the process of developing and building the Veramendi community. We are not responsible for any actions of such Third Parties. If you purchase or lease property in Veramendi from Third Parties then your rights will be governed exclusively by your agreement(s) with such Third Parties and we will have no obligation with respect thereto.
Linking to our website
If you want to link to the Website, you may not link in any manner reasonably likely to (a) imply affiliation with or endorsement or sponsorship by us or our affiliates, (b) cause confusion, mistake, or deception, (c) dilute our trademarks, service marks or other intellectual property, or (d) otherwise violate state or federal law. In addition, you may only link to the home page of the Website unless specifically authorized by us in writing.
The laws of the State of Texas, excluding its conflicts-of-law rules, shall govern these Terms and your use of the Website. The state courts in Travis County, Texas or the United States Federal District Court, Western District of Texas, will resolve any disputes arising out of your use of the Website or any Website Content, or any interaction with us involving the Website.
Information from children
The Website contains general information not directed towards children. We do not knowingly collect information from children under the age of 13. Children under the age of 13 should not use the Website, and we encourage parents to supervise their children while online.
If you have any questions about these Terms or the Website, please contact us by email at firstname.lastname@example.org or write us at ASA Properties LLC c/- McGinnis Lochridge Kilgore, 600 Congress Avenue, Suite 2100, Austin, Texas 78701.
These Terms operate to the fullest extent permissible by law. Accessing materials on the Website by certain persons in certain countries may not be lawful, and we make no representation that materials on the Website are appropriate or available for use in all jurisdictions. If you choose to access the Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The Website may have visitors from various states in the United States and other countries. It may contain references or cross-references to certain of our products, programs and services that are not available in your jurisdiction. These references do not mean that we will make such products, programs or services available to residents in your state. Our website is not intended as a solicitation to you if you live in a state where we are not allowed or registered to do business.
The Website is intended for informational purposes only. Regardless of any language used on the Website, the Website should not be construed as an offer to sell property or services of any kind to you. Any agreement for the sale or purchase of any property or services must be separately documented and negotiated.
If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
These terms were last revised on July 17, 2012.