WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE HAS NOT INSPECTED, EXAMINED OR QUALIFIED THIS OFFERING. This website is not intended to be an offer to sell nor a solicitation of offers to buy real estate in Ward Village development to residents of Connecticut, Idaho, Illinois, New Jersey, New York, Oregon, Pennsylvania or South Carolina, or to residents of any other jurisdiction where prohibited by law.
**NOTICE TO NEW YORK RESIDENTS. The developer of Ward Village and the Anaha, Waiea, Gateway Towers, Ae’o and Ke Kilohana condominium projects and its principals are not incorporated in, located in, or resident in the state of New York. No offering is being made in or directed to any person or entity in the state of New York or to New York residents by or on behalf of the developer/offeror or anyone acting with the developer/offeror’s knowledge. No such offering, or purchase or sale of real estate by or to residents of the state of New York, shall take place until all registration and filing requirements under the Martin Act and the Attorney General’s regulations are complied with, a written exemption is obtained pursuant to an application granted pursuant to and in accordance with Cooperative Policy Statements #1 or #7, or a “No-Action” request is granted.**
Ward Village is a proposed master planned development in Honolulu, Hawaii that does not yet exist. This website, and the information and materials contained herein, is intended to provide general information about the proposed plans for Ward Village and the Anaha, Waiea, Gateway Towers, Ae’o and Ke Kilohana condominium projects by their respective developers. These proposed plans are subject to change or cancellation (in whole or in part) at any time without notice. Land uses, public and private facilities, improvements, and plans described or depicted herein are conceptual only, subject to governmental approvals and market factors, and subject to change without notice. The use of amenities located on properties surrounding the development is not within the control of the developer and as such, is subject to change at any time. Nothing in these materials obligates any developer or any other entity to build any facilities or improvements depicted or described herein, and there is no guarantee that any illustrated or described proposed development will be implemented. No guarantee is made that the features and amenities depicted by artists' renderings or otherwise described or depicted will be built, or, if built, will be the same type, size, or nature as depicted or described herein. Square footage figures for each unit shown herein are approximations and no representation is made as to the accuracy of such figures. Certain unit interior features depicted in the brochure are only available if requested prior to completion of construction of the building and the unit.
Photographs, renderings and other visual depictions of private or public amenities or facilities contained in this brochure may not be located within the described developments and are provided for illustrative purpose only. Neither this brochure, the information and materials described herein, nor any communication made or given in connection with any of the foregoing, may be deemed to constitute a representation or warranty. Further, the foregoing should not be relied upon in deciding to purchase or lease an interest in the development. The right to use public or private facilities set forth in these materials, including, but not limited to, any golf course, or to access any retail establishment or entertainment venue is subject to the payment of additional fees and such additional terms and conditions as may be established by the owner of such facilities and is not included in the purchase of a unit within Anaha, Waiea or Gateway Towers.
Ward Village is being developed by Victoria Ward, Limited. Anaha is being developed by 1108 Auahi, LLC. Waiea is being developed by 1118 Ala Moana, LLC. Gateway Towers is being developed by 1100 Ala Moana, LLC and 1060 Ala Moana, LLC, Ae’o is being developed by 1001 Queen, LLC. Ke Kilohana is being developed by 988 Halekauwila, LLC. Victoria Ward, Limited, 1108 Auahi, LLC, 1118 Ala Moana, LLC, 1100 Ala Moana, LLC, 1060 Ala Moana, LLC, 1001 Queen, LLC and 988 Halekauwila, LLC are subsidiaries or affiliates of The Howard Hughes Corporation. The Howard Hughes Corporation is neither the owner nor the developer of any real property or amenity described or identified in this brochure unless otherwise stated. Exclusive Project Broker for Anaha, Waiea, Gateway Towers and Ae’o condominiums is Ward Village Properties, LLC. Copyright 2015. Equal Housing Opportunity. Exclusive Project Broker for Ke Kilohana is Locations, LLC. Copyright 2015. Equal Housing Opportunity.
Welcome to the website of Victoria Ward, Limited (“Company”, “we” or “us”). This policy describes the types of information we may collect from you or that you may provide when you visit the website WardVillage.com (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
We have adopted the following privacy policy because we understand that you want to know how the information that you provide to us is being used. The following explains, among other things, how and why your personal information is collected, how it is utilized and in what type of capacities.
This policy does not apply to information collected by us offline or through any other means, including on any other website, or by any third party.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT.
We may collect several types of information from and about users of our Website, including information:
We collect this information:
INFORMATION YOU PROVIDE TO US.
The information we collect on or through our Website may include:
USAGE DETAILS, IP ADDRESSES AND COOKIES.
As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:
The information we collect automatically is statistical data. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:
The technologies we use for this automatic data collection may include:
HOW WE USE YOUR INFORMATION.
We use information that we collect about you or that you provide to us, including any personal information:
DISCLOSURE OF YOUR INFORMATION.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
We may also disclose your personal information:
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
ACCESSING AND CORRECTING YOUR INFORMATION.
You may send us an e-mail at info@howardhughes.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change or delete information if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect.
CHILDREN UNDER THE AGE OF 13.
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.
DATA SECURITY.
Unfortunately, the transmission of information via the internet is not completely secure. Thus, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or measures contained on the Website.
OTHER WEBSITES.
Our Website may contain links to and from other websites. We do not guarantee that any such websites will respect and protect your personal information in the same manner that we do. We recommend that you read the Privacy Policies of those other websites when you visit them for your own protection and benefit. We are not responsible for the content, products or services contained in or offered by any such other websites.
COMPANY’S RIGHT TO CONTACT USER.
Company reserves the right to contact site visitors regarding changes to the privacy policy, or any other policies or agreements relevant to site visitors.
CHANGES TO OUR PRIVACY POLICY.
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address you provided and/or through a notice on the Website. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
CONTACTING US.
To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@howardhughes.com.
THIS PRIVACY STATEMENT MAY CHANGE - This privacy statement may change from time to time. Howard Hughes Corporation reserves the right to change it without notice to you, so you should review it periodically.
The Howard Hughes Corporation collects Demographic Information (Age and Gender) and does not share any information with any third party.
Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.
The Howard Hughes Corporation will not facilitate the merging of personally-identifiable information with non-personally identifiable information previously collected from Display Advertising features that is based on the DoubleClick cookie unless you have robust notice of, and the user's prior affirmative (i.e., opt-in) consent to, that merger.
To add the Google Opt out browser plug in download it here: https://tools.google.com/dlpage/gaoptout
Please review and agree to the following terms and conditions before entering the Broker Portal below.
Ward Village IP License
This LICENSE AGREEMENT ("Agreement") is entered into between VICTORIA WARD, LIMITED, along with its successors and assigns, ("VWL") as the licensor and the viewer accessing this site as licensee, defined below as Licensee. In consideration of the mutual promises, covenants, and conditions set forth below, VWL and Licensee agree as follows:
DEFINITIONS.
"Licensee" refers to the person or entity accessing and viewing this site and thereby entering into this Agreement with VWL.
"Licensed Property Page" refers to this customized broker portal Web Site (the “Broker Portal”) and includes any section of the Ward Village Official Web Site on which VWL will post links to files containing the Copyrighted Works and the Trademarks.
"Licensee's Web Site" refers to any and all Web Sites accessible using one or more Domain Names owned by the Licensee, whether identified on the Registration Form or not.
"Ward Village" refers to the project development by VWL and its affiliates generally described as a new coastal master-planned community located in the heart of Honolulu between downtown and Waikiki in the Kaka’ako district of Honolulu, Hawaii.
"Ward Village Official Web Site" refers to the main Web Site owned and maintained by VWL to provide information regarding Ward Village and which is currently accessible on the Ward Village Official Web Site.
"Copyrighted Works" includes any work protectible under the Copyright Act of 1976 that VWL makes available, in its sole and absolute discretion, to the Licensee on the Licensed Property Page. By way of example, Copyrighted Works may include floor plans, site plans, artistic renderings, models, virtual tours, video and photographs relating to Ward Village.
"Domain Name" refers to any alphanumeric designation registered with any domain name registry for use as a Uniform Resource Locator or other electronic address for a Web Site on the Internet.
"Registration Form" refers to the form upon which Licensee evidenced acceptance of and agreement to the terms of this License Agreement by clicking ‘I Agree’ in order to obtain access to the Copyrighted Works and Trademarks and the Licensed Property Page.
"Guide for Trademark Use" refers to the manual or guide made available by VWL that provides specifications and other technical details regarding the Licensee's usage of Trademarks and Copyrighted Works.
"Trademarks" refers to any trademarks, service marks, logos, slogans, trade names, or trade dress that VWL makes available, in its sole and absolute discretion, to the Licensee on the Licensed Property Page. By way of example, Trademarks may include the Ward Village logo shown on the home page of the Ward Village Official Web Site.
"Web Site" refers to a collection of interrelated web pages on the Internet that share the same second level domain.
GRANT. VWL hereby grants to Licensee, and Licensee hereby accepts, a non- exclusive, non-transferable, royalty-free license to use the Copyrighted Works and Trademarks as set forth in this Agreement and subject to the Terms of Use of the Website as fully set forth on the Broker Portal and hereby incorporated herein by this reference. VWL retains all rights that are not expressly granted under this Agreement.
USE OF COPYRIGHTED WORKS. Licensee may reproduce and publicly display Copyrighted Works on the Licensee's Web Site or in other media as may be approved in writing by VWL (such approval to be in VWL's sole and absolute discretion) on pages that contain information regarding Ward Village provided that: (a) the Licensee clearly identifies the Licensee as the source of the Web Site or publication in text that is larger and more prominent than any reference to Ward Village; (b) the Licensee clearly identifies the Copyrighted Works as pertaining to Ward Village; (c) the Licensee clearly identifies VWL as the owner of the Copyrighted Works in the manner provided by VWL, including the use of any copyright notices required by VWL; (d) the Licensee does not modify, obscure, or alter the Copyrighted Works in any manner; (e) the Licensee does not reduce the resolution, color, or other properties of the Copyrighted Works; (f) the Licensee does not display or otherwise use the Copyrighted Works in any manner that creates a false or misleading impression regarding Ward Village or VWL or that disparages or negatively portrays Ward Village or VWL; (g) the Licensee ensures on a monthly basis that the Copyrighted Works and Trademarks displayed on the Licensee's Web Site are the most recent versions of the Copyrighted Works and Trademarks available from this Broker Portal ; (h) the Licensee removes the Copyrighted Works from the Licensee's Web Site if the Copyrighted Works have been superseded or upon VWL's request; and (i) the Licensee uses any legends, markings, notices or disclaimers required by VWL (such as a statement that the image is an artistic rendering that is subject to change). Licensee shall not display on the Licensee's Web Site any works relating to Ward Village that are not Copyrighted Works provided under this Agreement, unless Licensee obtains VWL's advance written permission to do so.
USE OF TRADEMARKS. Licensee may reproduce and publicly display any of the Trademarks on the Licensee's Web Site or in other media as may be approved in writing by VWL (such approval to be in VWL's sole and absolute discretion) on pages that contain information regarding Ward Village provided that: (a) the Licensee clearly identifies the Licensee as the source of the Web Site or publication in text that is larger and more prominent than the Trademarks; (b) the Licensee clearly identifies VWL as the owner of the Trademarks in the manner provided by Ward Village; (c) the Licensee uses any legends, markings, notices or disclaimers required by VWL to give notice of VWL's right, title, and interest in the Trademarks; (d) the Licensee does not modify, obscure, or alter the Trademarks in any manner; (e) the Licensee does not reduce the resolution, color, or other properties of the Trademarks; (f) the Licensee does not display or otherwise use the Trademarks in any manner that creates a false or misleading impression regarding Ward Village or VWL, or that disparages or negatively portrays Ward Village or VWL; (g) the Licensee does not use the Trademarks in any manner that is likely to cause confusion, mistake or deception, as to an affiliation, association or connection between VWL and the Licensee or that is likely to dilute VWL's rights in the Trademarks; (h) the Licensee ensures that the Trademarks displayed on the Licensee's Web Site are the most recent versions of the Trademarks available from VWL; and (i) the Licensee removes the Trademarks from the Licensee's Web Site at VWL's request. Licensee shall not display on the Licensee's Web Site any trademarks relating to Ward Village that are not Trademarks licensed under this Agreement, unless Licensee obtains VWL's advance written permission to do so.
LINKING AND FRAMING. The Licensee shall include on each page of Licensee's Web Site that contains Copyrighted Works, Trademarks, or information regarding Ward Village, an active hyperlink to the home page of the Ward Village Official Web Site. Licensee shall not frame any content of the Ward Village Official Web Site within Licensee's Web Site.
PAY-FOR-PLACEMENT ADVERTISING. The Licensee shall not directly or indirectly bid on or purchase any key terms or key words that are the same as or similar to the Trademarks for the purpose of or having the effect of triggering banner ads, sponsored links, or other forms of web-based advertising (collectively, "Pay-for- Placement Advertising"). The Licensee shall not use the Trademarks or any variations thereof in the headline or text of any sponsored link or banner advertisement. The Licensee shall not directly or indirectly engage in any search engine manipulation, optimization or other conduct using Trademarks that results in the Licensee's Web Site achieving higher rankings than the Ward Village Official Web Site or that otherwise reduces the ability of web users to easily and quickly locate the Ward Village Official Web Site through searches on major search engines.
DOMAIN NAMES. The Licensee shall not register, use, or traffic in any Domain Name containing any of the Trademarks or variations thereof (including, but not limited to, misspellings of the Trademarks, elements of the Trademarks, the Trademarks combined with other words or numbers, or terms confusingly similar to the Trademarks). If the Licensee registers or acquires any Domain Name in violation of this provision, the Licensee agrees to immediately transfer the domain name to VWL upon VWL's request free of charge and Licensee shall make no use of the infringing Domain Name.
RESTRICTIONS ON USE. Licensee shall not represent, suggest, or imply that: (a) VWL endorses, sponsors or is affiliated with Licensee; (b) Licensee is acting as an agent or representative of VWL; or (c) Licensee has any special access to or privileges that enable Licensee to offer any advantage to persons interested in condominiums or other property or business at Ward Village that are not available to other Licensees or the general public. The Licensee's Web Site shall not contain: (a) any negative or disparaging references to Ward Village, VWL, its directors, officers, employees, subsidiaries, affiliates, properties, goods or services; or (b) any obscene, offensive, pornographic or sexually explicit materials. The Licensee's Web Site shall not copy or emulate the look and feel of the Ward Village Official Web Site.
QUALITY CONTROL. Licensee shall immediately comply with any request by VWL to modify or change the Licensee's Web Site to comply with the terms of this Agreement or to ensure that VWL's quality control requirements are satisfied. Licensee recognizes and agrees that VWL hereby retains the right to access Licensee’s Web Site at any time and determine whether in the sole and absolute discretion of VWL, such Web Site complies with the standards herein. Licensee shall comply with all requirements set forth in the Guide for Trademark Use, which requirements may change from time to time. A failure to immediately comply with any request by VWL to modify or change the Licensee’s Web Site shall constitute a substantial breach of this agreement and shall subject VWL to significant injury, impairment and irreparable loss. As such, VWL retains the right to pursue all rights and remedies available at law or equity, including injunctive relief to enforce the terms of this agreement. In addition to any other rights and remedies available, in the event that Licensee has not commenced the necessary modification of Licensee’s Web Site in order to cure the breach within 48 hours of VWL’s request, VWL shall be entitled, as liquidated damages, to Ten Thousand U.S. Dollars ($10,000.00) in damages payments for each day until such requested modifications are completed. It being agreed by the parties that VWL would be damaged by any further delay and that the foregoing amount is a reasonable estimate of the amount of VWL’s damages, the precise amount not being susceptible to exact proof.
OWNERSHIP OF RIGHTS. Licensee acknowledges that VWL is the sole and exclusive owner of all right, title, and interest in and to the Copyrighted Works and Trademarks. Licensee recognizes the value of the goodwill associated with the Trademarks and acknowledges that all rights in and goodwill associated with the Trademarks belongs exclusively to VWL. Licensee agrees that its use of the Licensed Mark shall inure to the benefit of VWL and that Licensee shall not, at any time, acquire any rights in the Trademarks by virtue of any use it may make of the Trademarks. Nothing contained in this Agreement shall be construed as an assignment or other transfer to Licensee of any right, title, and/or interest in or to any of the Trademarks, Copyrighted Works, or any intellectual property owned by VWL.
INDEMNITY. Licensee shall indemnify, defend and hold harmless VWL from and against any and all demands, claims, enforcement actions, costs and expenses, including reasonable attorney’s fees, arising out of any breach of the terms of this Agreement.
INTELLECTUAL PROPERTY PROTECTION. Licensee agrees that it shall not at any time claim or apply for any copyright registration, trademark registration or other intellectual property protection in any of the Trademarks, Copyrighted Works, or other materials provided by VWL pursuant to this Agreement or otherwise owned by VWL. Licensee shall not file any document with any government authority or take any other action that could affect VWL's ownership of the Trademarks or Copyrighted Works, or aid or abet anyone else in doing so. Licensee shall not challenge the validity of VWL's rights in the Trademarks or Copyrighted Works. Licensee shall not acquire any rights of ownership in or to the Trademarks or Copyrighted Works.
LIMITATION OF LIABILITY. VWL shall not be liable for Licensee's use of the Trademarks, Copyrighted Works, or any content that Licensee downloads from the Ward Village Official Site or the Licensed Property Page. VWL, THE HOWARD HUGHES CORPORATION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ATTORNEYS SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, LOSSES, OF ANY KIND OR NATURE ARISING FROM OR RELATING TO ANY ALLEGED BREACH OF THIS AGREEMENT. Nothing in this Agreement shall be construed to limit VWL's claims or remedies against Licensee for any breach of this Agreement or infringement of any of VWL's rights, title or interest in or to the Trademarks, Copyrighted Works, or other intellectual property.
TERMINATION. VWL may terminate this Agreement at any time and for any reason in its sole and absolute discretion with or without prior notice to Licensee.
POST-TERMINATION AND EXPIRATION RIGHTS AND OBLIGATIONS. After the expiration or termination of this Agreement, all rights granted to Licensee shall immediately revert to VWL.
APPLICABLE LAW, JURISDICTION, AND VENUE. The validity, construction and interpretation of this Agreement shall be governed by the laws of the State of Texas and, to the extent applicable, federal laws governing intellectual property. Any lawsuit to resolve any dispute regarding this Agreement or relating in any way to the subject matter of this Agreement shall be filed in a federal or state court in the State of Texas. Licensee consents to personal jurisdiction in courts of the State of Texas. Licensee agrees not to seek dismissal of any lawsuit filed by VWL in any federal or state court in the State of Texas based on lack of personal jurisdiction, improper venue, or the doctrine of forum nonconveniences.
INTEGRATION. This Agreement represents the entire understanding between the parties with respect to the subject matter of this Agreement and supersedes all previous representations, understandings or agreements, oral or written, between the parties with respect to this subject matter. This Agreement cannot be modified except by a written instrument signed by an authorized representative of each of the parties.
ACCEPTANCE OF TERMS AND CONDITIONS.
Welcome to the website of Victoria Ward, Limited ("Company", "we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to and use of WardVillage.com including any content, functionality and services offered on or through WardVillage.com (the "Website").
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.
CHANGES TO THE TERMS OF USE.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
LIMITED USE.
This Website is provided for your personal and non-commercial use only. Without express written consent, you may not download (other than a cached copy) modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from any portion of this Website.
The Website is not intended to be an offer to sell nor a solicitation of offers to buy real estate in the Ward Village development to residents of Connecticut, Idaho, New York, New Jersey, and Oregon, or to residents of any other jurisdiction where prohibited by law.
NO UNLAWFUL OR PROHIBITED USE.
You may not use this Website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this Website in any manner that could damage, disable, overburden, and impair the Website in any way. You may not attempt to gain unauthorized access to this Website, other user’s accounts, and/or computer systems connected to this Website through hacking or any other means. You may not use any automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See our Privacy Policy for information relating to the collection and use of your personal information.
INTELLECTUAL PROPERTY RIGHTS.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
TRADEMARKS.
WARD VILLAGE, the WV Design, VICTORIA WARD, LIMITED and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. THE HOWARD HUGHES CORPORATION is a registered trademark, U.S. Patent and Trademark Office. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
LINKS.
This Website may contain links to other sites on the World Wide Web. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any other site or any association with its operators. You acknowledge and agree that this Website is not responsible for the availability of such external sites or resources, nor responsible or liable for any content, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
RELIANCE ON INFORMATION POSTED.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. To the maximum extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE WEBSITE.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
DISCLAIMER OF WARRANTIES.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
We will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. If you are dissatisfied with any portion of this Website or with any of these Terms of Use your sole and exclusive remedy is to discontinue using the Website.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON TIME TO FILE CLAIMS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INDEMNIFICATION.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content or services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
GOVERNING LAW AND JURISDICTION.
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas, U.S.A., without giving effect to any choice or conflict of law, provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY.
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT.
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Victoria Ward, Limited with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
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