Terms Of Use - Heritage Communities

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS SITE. These Terms of Use will govern your access and use of this Site and the services provided on the Site (the “Services”). This Site is operated by Heritage Holdings L.P. and Heritage Management Services, Inc. (collectively, the “Company”), a business operating in the United States of America. These Terms of Use constitute a legal agreement between you (the individual using this Site or the “User”) and Company regarding your use of the Site. By accessing and using our website or registering with us, you acknowledge that you have read, understood and agree, without limitation, to be bound by these terms and conditions. If you do not agree to these Terms of Use, you must immediately exit the Site.

MEDICAL DISCLAIMER. In case of medical emergency, please call 911. The Site is not designed to facilitate medical emergencies.

UPDATES. Company may modify these Terms of Use at any time, without notification. Your access or use of this Site following such posting will be deemed to be acceptance of such modified Terms of Use. If you do not agree to any such modifications, you must immediately cease accessing and exit this Site. You acknowledge and agree that it is your responsibility to review the Terms of Use each time you access this Site.

CONTENT. We will not be held responsible in the event that you encounter material that you deem offensive or otherwise objectionable.

ERRORS, MISTAKES AND MISSING INFORMATION. Despite our tireless efforts, we cannot guarantee that our website will be completely free of errors. In the event of an error or other content-related issue, we reserve the right to correct such error without notification.

CHANGES TO THE SERVICE. To the extent allowed under applicable laws and regulations, we may change the Service at any time and without notice to you. Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trademarks, functionalities, products and services and any other material displayed on, offered through, or contained within the Service.

INTENDED USE. This Site is intended for use by users in the United States of America.

AGE OF MAJORITY. You may only use this Site if you are the age of majority in the jurisdiction in which you reside. To receive any marketing or promotional material from us (in any form and via any media), you must be 18 years of age or over.

THIRD PARTY PRODUCTS, CONTENT AND LINKS (“Third Party Services”). Third Party Services are provided for convenience only. Company is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their offerings. Any information, data, opinions, recommendations, products, or services provided by such Third-Party Services, through links to other websites or otherwise made available through their sites are solely those of such third parties and not of Company. Any terms, conditions, warranties, or representations included in the Third-Party Services are solely between you and the relevant providers of the Third-Party Services. Except as otherwise provided for herein, you cannot rely on these Terms of Use and/or our Privacy Policy to govern your use of another website or destination. We do not endorse, and Company expressly disclaims responsibility and liability for, Third Party Services including with respect to the content, products and services provided by the Third-Party Services. Any interactions you have with the Third-Party Services are between you and the operator or owner of such Third-Party Services and you agree that Company is not liable for any damage or loss you may suffer because of any interactions with any such Third-Party Services or any claims that you may have against any such Third-Party Services. You should carefully review their privacy statements and their terms and conditions of use.

Company reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further marketing communications from us unless and until you re-register for marketing communications. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Site.

PRIVACY. For information on how Company collects, uses, and protects the personal information you may provide on this Site, read the Privacy Policy, here.

INTELLECTUAL PROPERTY. Subject to your compliance with these Terms of Use, Company hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to the materials displayed on or contained within this Site (the “Materials”). The Materials are the property of Company and its licensors and are protected by copyright, trademark, and other intellectual property laws.

You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third-party website) or make any other use whatsoever without the express prior written consent of Company. All rights not expressly granted to you in these Terms of Use are reserved and retained by Company. The licenses granted by Company herein terminate if you do not comply with these Terms of Use.

ACCESS AND LICENSE. Subject to your compliance with these Terms of Use, Company or its licensors or content providers grant you a limited, non-exclusive, non-assignable and non-transferable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any of the Services or their content; any collection or use of any product listings, descriptions, or prices; any derivative use of any of the Services or their content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Company or its licensors and other content providers. None of the Services (or part thereof) may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may use the Services only as permitted by law and these Terms of Use. The license granted by Company, or its licensors or content providers terminates if you do not comply with these Terms of Use.

DISCLAIMER OF WARRANTIES. THE SERVICES, MATERIALS, AND ALL INFORMATION ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICE, INFORMATION, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, COMPANY’S SERVERS, OR OTHER ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

INDEMNIFICATION. You agree to indemnify and hold harmless Company and its affiliates and their respective directors, officers, managers, members, employees, agents, attorneys, successors, assigns and other representatives (collectively, the “Company Parties”) from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of the Services; and (c) any claim or allegation that any content provided by you to Company, including testimonials, infringe the intellectual property or other rights of any third party or applicable laws.

RELEASE FOR USE OF THE SITE. To the fullest extent permitted by applicable law, you release the Company Parties from responsibility, liability, claims, demands, and/or damages of every kind and nature, in any way arising out of or related to the operation, or your use, of the Site and the Services that in any way arise out of or related to the acts or omissions of third parties (“Third Party Disputes”). If you are a California resident, you hereby waive any rights you may have arising out of these Terms of Use under California Civil Code Section 1542. You also waive any rights you may have with respect to Third Party Disputes under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, SPECULATIVE, PUNITIVE OR OTHER MONETARY DAMAGES, FEES, FINES AND PENALTIES, OR LIABILITIES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) IN ANY WAY ARISING FROM OR RELATED TO THE OPERATION, OR YOUR USE OF THE SITE, THE SERVICES, OR YOUR USE OF MATERIALS POSTED ON THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT COMPANY’S MAXIMUM AGGREGATE LIABILITY FOR ANY TYPE OF DAMAGES IN ANY WAY ARISING OUT OF OR RELATED TO THE OPERATION, OR YOUR USE, OF THE SERVICES OR THE SITE SHALL BE LIMITED TO FIFTY U. S. DOLLARS ($50)

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CERTAIN MEASURES OF DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY, TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS OF USE THAT LIMIT LIABILITY, ARE ESSENTIAL TERMS AND THAT COMPANY WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS OF USE BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY.

DISPUTES. You agree that any dispute resolution will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a claim proceeds in court, you waive any right to a jury trial. You also agree that Company may bring suit in court to enjoin infringement or other misuse of Company’s intellectual property rights. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION AS WELL.

APPLICABLE LAW. By using the Service, you agree that applicable federal law, and the state law of the State of Nebraska without regard to its principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between you and Company.

HOW TO CONTACT COMPANY. You may contact Company at Heritage Communities, 16934 Frances St, #200, Omaha, NE 68135 or (402)933-2561.