The Landing’s Terms of Use Policy

Welcome to the The Landing Website (“Site”). It is owned, operated by and licensed to The Landing. By using or accessing any area of this Site, users (“You,” “User” or “Users”) agree to be legally bound and abide by these Terms of Use, set forth below.

The Landing offers its services in the respective jurisdictions where it is qualified to do so. The information at this Site is not targeted at persons or entities residing or doing business in any particular country or state and is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. This Site is for informational and entertainment purposes only. Not all products or services described here are available everywhere. Nothing here is an offer to sell or solicitation of an offer to buy any product or service in any jurisdiction where such offer or sale is contrary to local law or regulation. Users should inform themselves about and observe any such laws or regulations and consult a professional adviser if in doubt as to the meaning of any part of the content of this Site. User agrees to access and use the Site subject to and in accordance with all applicable federal, state, and local laws, regulations, and treaties.

MODIFICATION OF TERMS AND CONDITIONS

The Landing may amend these Terms of Use or any other notices, terms, policies, and conditions on this Site at any time by updating this posting. Accordingly, Users should visit this Site from time to time to review the then-current and effective Terms of Use because all Users are bound by them. User’s continued use of this Site after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site. No delay or failure to take action under such terms and conditions will constitute a waiver by The Landing, unless expressly waived in writing by a duly authorized officer of
The Landing.

LISTINGS AND FLOOR PLANS

The Landing lists floor plans and related pricing of residential units available for lease. The Landing attempts to maintain accurate and up-to-date information regarding these floor plans, but cannot provide any assurance as to the accuracy of such information. All floor plan and pricing information is subject to change without notice. All measurements are estimates should be verified by user.

INTELLECTUAL PROPERTY INFORMATION

By accepting these Terms of Use, Users acknowledge and agree that all information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, files, and other material (collectively “Content”) displayed on this Site are the sole property of The Landing and/or its affiliates, are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed.

The Landing’S RIGHTS

The Landing may elect to electronically monitor the User submit areas and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of individual Users, The Landing or its affiliates, directors, officers, employees, or other representatives. The Landing is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, The Landing may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. The Landing reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, The Landing, or its affiliates, directors, officers, employees or other representatives, persons in the jurisdictions that may access the Site, or any rights of The Landing or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither The Landing, nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither The Landing, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Site.

ONLINE CONDUCT

Any conduct by a User that in The Landing’s sole discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted. User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or ethnically harassing, intimidating or discriminating, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable local, state, national, or international law. Users may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any account on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. If you create a password on the Site, you may not disclose your password to any third parties or use your password for any unauthorized purpose. Users may not use the Site to send unsolicited advertising, promotional material, or other forms of solicitation to other Users, except in those specified areas, if any, that are designated for such a purpose. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to this Site if you breach these Terms of Use, if we are unable to verify or authenticate any information you provide to us, or if we believe that your conduct violates applicable law or is harmful to the interests of The Landing, its affiliates, or other Users. As a condition of your use of the Site, you agree that you will not: (i) use the Site to infringe the intellectual property rights of others in any way; (ii) use the Site, or attempt to penetrate, modify, or manipulate the Site or services offered through or at the Site or any of the hardware or software thereof in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of any other User of the Site, or to modify, damage, or erase any information contained at the Site or any other User connected to the Site; or (iii) reverse engineer any portion of the Site.

CONFIDENTIALITY OF USER COMMUNICATIONS

The Landing has a firm commitment to safeguard the privacy of Users to the full extent of the law. The Landing encourages Users to review The Landing’s Privacy Policy. Nevertheless, User acknowledges and agrees that by providing The Landing with any personal or proprietary User information through the Site, including proprietary credit card/customer account data, User consents to the transmission of such personal or proprietary User information over international borders as necessary for processing in accordance with The Landing’s business practices, and to third parties as necessary in the course of The Landing’s business activities.

The Landing reserves the right to cooperate fully with state, local, federal, and international officials in any investigation relating to any Content (including personal or private electronic communication transmitted on the The Landing Site) or purported unlawful activities of any User.

INTERNATIONAL PRIVACY COMMITMENT

These Terms of Use and The Landing’s Privacy Policy are currently applicable to The Landing’s United States customers and visitors
to the Site. As websites for international audiences are developed, they will maintain their own rules and practices, to be consistent with this statement, which they may modify as needed for particular products and services, or to conform to local laws or customs around the world. If you have any questions about the The Landing Privacy Policy, you may send an e-mail to [email protected].

USE OF LINKS

Should the User leave this Site via a link contained herein, and view content that is not provided by The Landing, the User does so at his or her own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by The Landing. The Landing is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such Site, whether actual, alleged, consequential or punitive. The Landing makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. Furthermore, if you choose to take advantage of an offer from a company other than The Landing and you become their customer by contacting that company’s website, your actions on that site and the treatment of your information will be subject to the terms and conditions and privacy policy application to that site.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Site is provided for the convenience of its users on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, security or accuracy. Neither The Landing, nor its affiliates, directors, officers, employees or other representatives, warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Site. No oral advice or written information given by The Landing or its affiliates, directors, officers, employees, or other representatives, shall create a warranty; nor shall User rely on any such information or advice. Neither The Landing nor any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a User on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to The Landing’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

MISCELLANEOUS

These Terms of Use shall be governed in all respects by the laws of the State of California. The Landing does not guarantee continuous, uninterrupted or secure access to its services, and operation of the Site may be interfered with by numerous factors outside The Landing’s control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The Landing’s failure to act with respect to a breach by User or other Users does not waive The Landing’s right to act with respect to subsequent or similar breaches.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between User and The Landing is intended or created by these Terms of Use.

ARBITRATION

Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either User or The Landing may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of User or The Landing pending the completion of the arbitration. Notwithstanding the foregoing, to the extent User’s actions cause The Landing irreparable harm for which money is inadequate compensation, The Landing reserves the right to seek immediate injunctive relief, in addition to damages and other available remedies.

ACKNOWLEDGMENT

These Terms of Use represent the entire understanding between User and The Landing regarding User’s relationship with The Landing with regard to User’s use of this Site and supersedes any prior statements or representations.

CONTACT

If User has any questions relating to these Terms and Conditions, please contact The Landing at [email protected].