TERMS AND CONDITIONS
Acceptance of Terms
Your access to and use of this Web site (this “Site”) is subject on your compliance with the following terms and conditions (the “Terms and Conditions”) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions herein. GothamWest (“GW”) may revise these Terms and Conditions at any time by updating this posting. Your continued use of this Site is contingent upon your agreement to be bound by any such revisions. You can view the most current version of the Terms and Conditions at any time by visiting this Web page. Please note that Web sites launched by any affiliates, subsidiaries or divisions of GW may be governed by separate terms and conditions.
Description of Services
In accessing these services: a) Users will provide required information to GW (including user name and password) plus email address and other optional information in conjunction with transactions and may request information regarding a variety of the above-mentioned services. GW will store all owner and resident information in a secure database for the duration of the owner/resident’s tenure in the building; (b) Users may send an individual request to a member of the building staff or a contracted third party; (c) Users may have the option of viewing their open account balances. Users may have the option of inputting their bank account information at the site, which will be transferred in a secure environment to a payment processor, either as a
GothamWest provides homeowners with access to a variety of resources and functions to help facilitate their life. Among the resources available are: (1) building and management announcements; (2) package delivery notifications; (3) service request tracking; (4) a payment feature that lets owners view and pay for open charges via automatic bank withdrawal; (5) building amenity and resource information, (6) information on technology options in the building; (7) online profile management; (8) a feedback area; (9) building contact information and forms; and (10) postings of owner and resident documents (the “Services”).one time payment or as part of an ongoing automatic billing program; (d) Users will be identified by the building in which they live and will be able to view certain information relating to their building and the services the building provides.
Use of Information on this Site
Any use of this Site is for your personal use only. GW authorizes you to copy any portion of this Site, which is not the property of third parties, provided that such use shall be for non-commercial use only by you or any person within your organization. In consideration of this authorization, you agree that any copies of information obtained from this Site shall retain all copyright and proprietary notices contained therein and you agree that all artwork, including graphics and logos, shall not be used separately from accompanying text as depicted in this Site. Any other use of materials contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of GW is expressly prohibited.
You agree that you will not use this Site to: (a) Interfere with or disrupt the Services or servers or networks connected the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or (b) Intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance.
Links contained in this Site are intended for informational purposes only. GW has no control over such Web sites, makes no representations about such Web sites, does not endorse such Web sites and assumes no responsibility for any content or materials on or available from such Web sites.
No Resale of Services
You will not duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services.
Modifications to Services
GW reserves the right to modify, suspend or discontinue all or a portion of the Services with or without notice. You agree that GW shall not be liable to you for any modification, suspension or discontinuance of the Services.
Termination of Services
GW reserves the right to terminate your use of the Services or your access to the Site, for any reason. Any termination pursuant to this provision may be without prior notice and you agree that GW shall not be liable to you for such termination.
Disclaimer of Warranties
(a) This site is provided on an “as is” basis. GW expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade and non-infringement; (b) The information posted at the Site and in emails generated from the Site is given as of the date hereof and GW assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur; (c) GW makes no warranty that (i) the Site or the Services will meet your requirements, (ii) the Site or the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Site or the Services will be accurate or reliable, (iv) the quality of the information or materials obtained by you through the Site or the Services will meet your expectations, or (v) any errors in the software will be corrected; (d) Any material downloaded or otherwise obtained through the use of the Site or the Services is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or receipt of any such material; (e) The posting of available apartments by us does not guarantee that an apartment will be available at the time the user makes an inquiry, nor does it guarantee that prices will not change. We make no representations or warranties that the lists of available apartments or prices remain accurate. Furthermore, inquiring about an apartment through the Site or through any other means does not mean that you are considered an applicant of an apartment. You are not considered an applicant of an apartment until you have filled out and returned an application and that application has been accepted by a GW leasing representative. (f) No advice or information, whether oral or written, obtained by you from GW, the Site or the Services shall expressly create any warranty not expressly stated in the Terms and Conditions.
Limitation of Liability
GW shall not be liable for any direct, indirect, special, reliance, consequential or exemplary damages, including, but not limited to, loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as a contract, negligence or tort action, in connection with the use of, or the inability to use, the Site or the Services.
Any dispute arising by virtue of your access to or use of this Site or the Services shall be governed by New Jersey law without giving effect to any rules of conflicts of law, and shall be subject to the exclusive jurisdiction of the courts of the county of Jersey City, New Jersey, USA.
The following are trademarks of GW, and its affiliates or subsidiaries. The trademarks, service marks and logos used on this Site are trademarks of GW and others. No license or right to use any trademark contained on this Site is granted, whether by implication or otherwise, and any use of any trademark contained on this Site is expressly prohibited unless authorized in writing by the trademark holder.
The Terms and Conditions constitute the entire agreement between you and GW and govern your use of the Site and the Services. The failure of GW to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the applicable provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect.