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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO
NOT AGREE TO ALL OF THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT USE THIS
WEB SITE.
Overview.
Welcome to the TIC Properties Management Web Site. TIC Properties Management,
LLC (“TIC Properties Management”) maintains this Web Site to provide users information
about its property and asset management services. Your use of this Web Site is
subject to these Terms of Use (the “Terms”).
These Terms constitute your agreement with TIC Properties Management with respect
to your use of this Web Site. By accessing, browsing, or using this Web Site,
you acknowledge that you have read, understood, and agree to be bound by the Terms.
You must abide by the Terms in order to become and remain an authorized user of
this Web Site.
TIC Properties Management reserves the right, in its sole discretion, to modify,
alter or otherwise update these Terms at any time. The modifications will be effective
immediately upon posting. By using this Web Site after we have posted notice of
modifications, alterations or updates, you agree to be bound by those revised
Terms.
If you violate any of these Terms, your permission to use our Web Site immediately
terminates without the necessity of any notice. TIC Properties Management retains
the right to deny access to anyone at its discretion for any reason, including
for violating these Terms.
Certain Definitions.
“Content” means any and all content included in or available through this Web
Site, including, without limitation, information, text, data, articles, ideas,
drawings, configurations, designs, projects, programs, routines, concepts, instructions,
graphics, logos, HTML, button icons, metatags, pictures, photographs, clip art,
images, illustrations, promotional materials, downloads, software, audio, video
and any other items or expressions included in or available through this Web Site.
“Marks” means all trademarks, service marks, logos, graphics, designs, page headers,
button icons, scripts, domain names, metatags, trade dress, and trade names applicable
to the business, operations, facilities, and services of TIC Properties Management.
Proprietary Rights.
The Marks are owned exclusively by TIC Properties Management or its affiliates
and may not be copied, imitated, or used, in whole or in part, without the prior
written consent of TIC Properties Management. The Marks may not be used in connection
with any product or service that is not owned or provided by or affiliated with
TIC Properties Management, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits TIC Properties Management.
Other trademarks, service marks, logos, graphics, product names and company names
not owned by TIC Properties Management that may appear on this Web Site are the
property of their respective owners, who may or may not be affiliated with, connected
to, or sponsored by TIC Properties Management.
All Content on this Web Site is protected by copyrights, trademarks, service
marks, and/or other intellectual property rights, and is owned and controlled
by TIC Properties Management or its affiliates, or by third party content providers,
merchants, sponsors, and licensors (collectively "Providers") that have licensed
their content to TIC Properties Management. Content on this Web Site is solely
for your personal, non-commercial use. You may print a copy of the Content for
your personal, non-commercial use only, but you may not copy, reproduce, republish,
upload, post, transmit, distribute, and/or exploit the Content in any way (including
by e-mail or other electronic means) for commercial use without the prior written
consent of TIC Properties Management or the Providers, as applicable.
Without the prior written consent of TIC Properties Management or the Providers,
as applicable, your modification of the Content, use of the Content on any other
web site or networked computer environment, or use of the Content for any purpose
other than personal, non-commercial use, violates the rights of the owners of
the www.ticpropertiesmanagement.com and/or the Provider copyrights, trademarks
or service marks, and other proprietary rights, and is prohibited. You may not
use on any other web site any trademarks, service marks or copyrighted materials
appearing on this Web Site, including but not limited to any logos or characters,
without the express written consent of the owner of the mark or copyright. You
may not frame or otherwise incorporate into another web site any of the Content
on this Web Site without prior written consent of TIC Properties Management.
Use of Web Site.
In using this Web Site, you agree that you will comply with all applicable national,
state or local laws, statutes, regulations and ordinances; and that you will not
use any device, software, routine or other means to interfere with or attempt
to interfere with the proper working of this Web Site or otherwise restrict or
inhibit another user from using and enjoying this Web Site. As a condition of
your use of this Web Site, you warrant to TIC Properties Management that you will
not use this Web Site for any purpose that is unlawful or prohibited by these
Terms, including without limitation the posting or transmitting of any threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material, or any material that violates intellectual property rights of other
parties. You may not establish a hyperlink to this Web Site or provide any links
that state or imply any sponsorship or endorsement of your web site by TIC Properties
Management, or its affiliates or Providers.
Links to Other Web Sites.
This Web Site may contain links to other web sites ("Linked Sites"). The content
of any Linked Sites is not under the control of TIC Properties Management, and
TIC Properties Management is not responsible for, and does not endorse, that content,
whether or not TIC Properties Management is affiliated with the owners of the
Linked Sites. The Linked Sites are provided for your convenience and information
only and, as such, you access them at your own risk.
Information Provided by Third Parties.
Certain information on this Web Site may be provided by third parties, and TIC
Properties Management assumes no responsibility or liability for such information.
Disclaimer of Warranties.
THIS WEB SITE AND ITS CONTENT ARE PROVIDED ONLY ON AN “AS IS” AND “AS AVAILABLE”
BASIS. TIC PROPERTIES MANAGEMENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THIS WEB SITE; AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION
ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE; THAT THIS WEB SITE OR ITS CONTENT
WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE;
THAT DEFECTS WILL BE CORRECTED; THAT THIS WEB SITE OR ITS CONTENT ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS WEB SITE OR ITS CONTENT WILL
MEET YOUR REQUIREMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIC PROPERTIES MANAGEMENT
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability.
ANY SITE CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN DISCRETION AND RISK. YOU
AGREE THAT TIC PROPERTIES MANAGEMENT AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE
NOR IN ANY WAY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR
OTHER DAMAGE THAT OCCURS DUE TO SUCH ACCESS OR DOWNLOADS. YOU EXPRESSLY AGREE
THAT NEITHER TIC PROPERTIES MANAGEMENT NOR ANY PERSON OR ENTITY INVOLVED IN THE
CREATION OR OPERATION OF THIS WEB SITE IS RESPONSIBLE OR LIABLE TO ANY PERSON
OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE
OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE
OR ANY OTHER LINKED SITE, WHETHER BASED ON BREACH OF WARRANTY (EXPRESS OR IMPLIED),
BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT LIABILITY, OR OTHERWISE, EVEN IF TIC
PROPERTIES MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD THEREOF.
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TIC
PROPERTIES MANAGEMENT AND RELATED PERSONS AND ENTITIES WILL NOT BE RESPONSIBLE
OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS,
THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS,
OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS
APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TIC PROPERTIES
MANAGEMENT IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THOSE JURISDICTIONS, TIC PROPERTIES MANAGEMENT
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification.
You agree to indemnify, defend, and hold harmless TIC Properties Management and
the Providers, its and their officers, directors, employees, affiliates, agents,
licensors, and suppliers, from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation by you of these
Terms, or from the infringement by you (or any other user of this Web Site through
the use of your computer) of any rights (including, without limitation, copyright,
patent, trademark, service mark, trade dress, trade secret, privacy, and publicity
rights) of others.
General Provisions.
Benefited Parties: These Terms are for the benefit of TIC Properties Management
and its Providers and their officers, directors, employees, affiliates, agents,
licensors, and suppliers. Each of these individuals or entities will have the
right to assert and enforce these Terms directly against you on its or their own
behalf.
Severability: If any provision of these Terms is held invalid, void, or unenforceable
by a court of competent jurisdiction, the remaining provisions will nevertheless
continue in full force and effect without being impaired or invalidated in any
way.
Waiver: Any waiver of any of the terms and conditions set forth herein or in
the Commercial Terms will be effective only if in writing and signed by TIC Properties
Management, and the failure of TIC Properties Management to exercise or enforce
any of such terms and conditions will not constitute a waiver of such right or
provision.
Web Site Changes: TIC Properties Management retains title and ownership of this
Web Site. TIC Properties Management may, at any time and from time to time, change,
suspend or discontinue any aspect of this Web Site, including the availability
of any feature, database, or Content. TIC Properties Management may, at any time
and from time to time, impose limits on certain features and services or restrict
user access to all or any parts of this Web Site.
Governing Law: The Terms will be governed by and construed in accordance with
the laws of the State of South Carolina, without reference to its conflicts of
law rules. You hereby submit to the exclusive jurisdiction of the federal and
state courts located in Greenville County, South Carolina with respect to any
claim or suit arising out of or connected in any way with this Web Site or these
Terms, and you hereby waive any right to assert jurisdiction or venue in any other
court.
Entire Agreement: These Terms, and any applicable written agreement between you
and TIC Properties Management constitute the entire agreement and understanding
between you and TIC Properties Management with respect to the subject matter hereof
and supersede all prior oral or written agreements or understandings between you
and TIC Properties Management relating thereto.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TIC PROPERTIES MANAGEMENT.
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