Neither the Web site nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or redistributed, except that you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only (which also excludes any use by any governmental, educational, charitable, or other institutional use that is not strictly a personal use by you), provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation. With respect to any software downloaded by you from the Web site, such software, and all elements thereof, are licensed to you by TriVest McNeil Real Estate for your personal use only. You may not modify or prepare derivative works based upon the Web site, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the Web site.
The products and programs mentioned on the Web site are subject to availability. For specific unit availability and program information, please visit a TriVest McNeil Community.
All rights, titles, and interests in and to this Web site are owned by TriVest McNeil Real Estate. The Web site is protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention. All trademarks, service marks, and trade names are proprietary to TriVest McNeil Real Estate. None of the items mentioned herein may be used without the express written consent of TriVest McNeil Real Estate. All rights not expressly licensed hereunder are reserved by TriVest McNeil Real Estate.
THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TriVest McNeil Real Estate MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TriVest McNeil Real Estate DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TriVest McNeil Real Estate DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. TriVest McNeil Real Estate MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE, OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCE AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL TriVest McNeil Real Estate BE LIABLE TO YOU OR ANY OTHER PARTY FOR AN INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEB SITE.
This Web site may contain hyperlinks, which links the User to other documents or Web sites that are operated by third parties other than TriVest McNeil Real Estate. Such hyperlinks are provided solely for User's references. TriVest McNeil Real Estate. does not control such Web sites and is not responsible for their contents. TriVest McNeil Real Estate's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Accordingly, User agrees to hold harmless TriVest McNeil Real Estate, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from hyperlinking, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
TriVest McNeil Real Estate reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User's acceptance of such changes.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in the State of Texas, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of Texas, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Dallas, Texas, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the Texas courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and TriVest McNeil Real Estate as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of TriVest McNeil Real Estate and TriVest McNeil Real Estate shall not be liable for any representation, act, or omission of the User.
TriVest McNeil Real Estate's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of TriVest McNeil Real Estate's right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by TriVest McNeil Real Estate with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and TriVest McNeil Real Estate with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and TriVest McNeil Real Estate with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
As a condition of use of this Web site, the User agrees to indemnify TriVest McNeil Real Estate, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, partners, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from User's use of this Web site, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.