IMPORTANT: Please review the following terms and conditions carefully. These Website Terms and Conditions (these “Terms”) are a legally binding contract between you and Windrose Partners, LP (“Windrose” or “our” or “we” or “us”) pertaining to the access and use of the online services offered, and all products, information, content, media, printed materials and “online” or other electronic documentation accessible from the website www.windrosetower.com or any sub-domains thereof or other social media accounts and websites operated, controlled or managed by or for Windrose (collectively, the “Sites”).
Electronic Signature Consent to These Terms and Online Agreements
Please read these Terms carefully, as your access to and use of the Sites constitutes your acceptance of these Terms. Windrose reserves the right to change these Terms at any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you.
By accessing this Site and, where prompted, clicking “I agree”, you agree to conduct each transaction by electronic means, and Windrose and you hereby state that electronic signatures shall have the same force and effect as original signatures with respect to these Terms and all written agreements entered into between you and Windrose on the Sites.
Windrose is the real estate development team behind the construction, design, development and sale of condominium units in the luxury tower Windrose Tower marketed on the Sites (the “Property”). The Sites are designed, and all uses of the Sites are intended, to be in furtherance of the construction, development, promotion and sale of condominium units related to the Property.
Windrose may offer from time to time certain features on the Sites (including without limitation condominium sales and account information, and certain public forums, including testimonials, videos, social media feeds, and newsletters) (collectively, the “Services”). The following terms pertain to your ability to use the Services made available by Windrose on the Sites:
Account Set Up. Browsing of the Sites’ public pages is currently provided free of charge to any person. However, access to certain social media portions of the Services may require an account to be first established and activated with the applicable social media provider. You are responsible for setting up that account and you are subject to that provider’s terms and conditions.
Posted Content. You acknowledge and agree that any information or content posted to Windrose’s social media pages, including without limitation its Facebook page or Twitter account, may be viewed by the general public and will not be treated as private or confidential. You agree that Windrose may use (or not use, at Windrose’s sole discretion) any content posted on Windrose’s social media pages or the Sites in any manner that it deems necessary or appropriate. You authorize Windrose and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content, including without limitation text, photos, video or audio recordings, on Windrose’s social media pages or the Sites, you represent to Windrose that you own or have the right to use and permit Windrose to use such content in the manner stated above. If you identify yourself by name or provide a picture or audio or video recording of yourself on Windrose’s social media pages or one of our public forums on the Sites, you further authorize Windrose and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of Windrose’s operations throughout the world, and any such permission cannot be revoked for any reason. Although Windrose reserves the right to remove without notice any posting for any reason, Windrose has no obligation to delete content that you personally may find objectionable or offensive.
Availability of Service. Windrose reserves the right to establish general practices and limits concerning the Services at any time (and may modify such practices and limits at its sole discretion). You agree that Windrose shall have no responsibility or liability for the deletion or failure to deliver or store any information, pictures, content or email provided by or stored by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of Windrose. You agree that Windrose shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Submission Requirements. In consideration of your use of the Sites and the Services, you agree to provide true, accurate, current, and complete information about yourself as prompted by Windrose either on-line or in correspondence and promptly update such information to be true, accurate, current, and complete with Windrose. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your access and refuse any and all current or future use of the Sites or the Services or any portion thereof.
Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS, YOU WILL INDEMNIFY AND HOLD WINDROSE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY WINDROSE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO WINDROSE’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON WINDROSE’S OWN NEGLIGENCE. IN NO EVENT SHALL WINDROSE’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Acceptable Use Policy for the Services & Sites.
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (v) impersonate any person or entity, including, without limitation, one of Windrose’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; or (vii) collect or store personal data about other account users or attempt to gain access to other users’ accounts or otherwise mine information about other users or the Sites.
Restricted Use of Website Materials
Unless otherwise indicated, Windrose or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design (the “Materials”). Additionally, Windrose owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without the explicit consent of Windrose, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way. Nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Windrose or any third party.
Unless otherwise indicated, Windrose allows you to view and print information, documents, and web pages located on the Sites for your own personal use but not for resale provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to Windrose and if possible provide a reference to Windrose’s main website, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is Windrose’s material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms and they must agree to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Windrose or its licensors.
You acknowledge that the materials on the Sites are provided “as is” for general information only and without warranties of any kind. While Windrose endeavors to keep the materials on the Sites current, the materials on the Sites should not be relied upon to be fully comprehensive or error free. Windrose does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites.
Real Estate Agents and Brokers
Windrose may acknowledge certain persons and companies who have been engaged to provide services related to the Property, including real estate agents and brokers. Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. If you choose to click on the links to any of these websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of these persons or companies, including real estate agents or brokers, you do so on your own initiative and you agree that Windrose is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such persons or companies in conjunction with the Property or the Sites.
Links to Social Media Sites
The Sites contain links to other social media accounts and/or webpages hosted by or for Windrose, which from time to time may include without limitation, Facebook, YouTube, and Twitter. Your access to and use of any such social media pages shall be governed by these Terms to the extent they are not contrary to the terms or other service agreements of the social media site operators. You, however, acknowledge that Windrose has no control over the operations of the social media websites to which this Site may link and you acknowledge and agree to indemnify and hold harmless Windrose for any breach of any terms or other service agreements of the social media site operators by virtue of your actions.
Windrose does not knowingly solicit data from children or knowingly market to children. Windrose is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Windrose receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Windrose will delete that information from the Sites as quickly as is reasonably practical.
Terms & Termination
These Terms are effective from the date that you first access the Sites or on the date that you submit contact request form online, whichever is earlier, and continues in effect until terminated in accordance with these Terms.
Windrose may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (vii) discontinuance of the Services as a whole; (viii) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; and/or (ix) any other reason considered by Windrose to be in its best interest.
Limitation of Liability
In no event and under no circumstances shall Windrose or its service providers or any contributors of information to the Sites or our sponsors, licensors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Services and/or the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Services and/or the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms fail of their essential purpose.
You understand, acknowledge and agree that Windrose has no control over the acts or omissions of any real estate professional using or not using the Sites and/or Services or registered or not registered with our Sites and/or Services and that Windrose makes no representations and/or warranties about any user of the Sites and/or Services, including without limitation any person who accesses Services and certain features of the Sites. You further understand, acknowledge and agree that Windrose makes no representations or warranties about the quality of the services actually provided by any such registered or unregistered user of the Sites and/or Services, including with respect to such user’s license status, experience, suitability, specializations, designations and certifications or disciplinary history. You acknowledge, understand and agree that Windrose is not responsible for the performance or conduct, whether on or off the Site, of any user of our Services, whether or not such person has being acknowledged by Windrose for use of certain features of the Sites or the Property.
You understand, acknowledge and agree that Windrose does not offer any real estate brokerage services and is not an agent or fiduciary of you or any Consumer; no broker or agency relationship is established by your use of the Sites; Windrose does not and will not be representing you or acting on your behalf in any capacity.
You further acknowledge that Windrose does not offer any real estate brokerage services and is not an agent or fiduciary of any real estate professional acknowledged on the Sites, nor is Windrose an agent or fiduciary of any such real estate professional. You further acknowledge that Windrose does not represent such real estate professional or act on their behalf and no professional relationships (including broker/salesperson sponsorship) is established by your use and or access of the Sites. You will not use information obtained through the Sites to locate, identify or directly contact a real estate professional unless first contacted by such real estate professional.
Windrose expressly disclaims, and each user of the Sites and/or Services expressly releases Windrose from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between users of the Sites and/or Services, including disputes between users and any such real estate professionals.
All real estate professional acknowledge or referenced on the Sites are responsible for complying with all federal, state and local laws and regulations relating to any home purchases, including, without limitation, RESPA and HUD regulations.
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND MATERIALS) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
THE SITES ARE MANAGED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA. WINDROSE MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. WINDROSE MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Notice of Claims of Intellectual Property Violations
Windrose does not permit the use of content on the Sites that infringes on the copyright, trademarks or rights of publicity of others, and will remove any such content that violates the copyright, trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide the following information to Windrose’s Privacy Officer:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Windrose to locate the material.
4. Information reasonably sufficient to permit Windrose to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Windrose’s agent for the notice of any claim of infringement of any copyright, trademark or right of publicity is its Privacy Officer, who can be reached, as follows:
By email: email@example.com
By mail: Windrose Partners, LP
7800 N. Dallas Parkway, Suite 156
Plano, TX, 75024
Attention: Privacy Officer
Please provide all of the information requested above. No specific form is required to provide Windrose with notifications of possible infringement. However, it will take Windrose longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.
Governing Law and Venue
These Terms are governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Collin County, Texas.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms. Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder. You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies. These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Sites) constitutes the entire agreement between you and Windrose with respect to the Sites and the Services.
If you have any questions regarding these Terms, you may email or write to Windrose:
By mail: Windrose Partners, LP
Attention: Privacy Officer