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Aspen Heights Terms of Use

We’re Aspen Heights, and we welcome you to our website.

We make our website and the services we offer on it available to you subject to these Terms of Use. By using our website, you are accepting these Terms of Use and our privacy policy and any modifications we make to them from time to time. You can review the most current version of these Terms of Use at any time by clicking on the Terms of Use link from the footer of any page of our website.

Read these Terms of Use carefully and completely. They describe our rights with respect to our website and your rights and obligations with respect to your use of our website. Do not use our website if you do not want to accept these Terms of Use.

We may change our website and the services we offer on it.

As much as we enjoy having you visit our website and use the services we offer on it, we may make changes from time to time. We have the right, but not the obligation, to take any of the following actions without providing any prior notice to you:

  • change or terminate all or any part of the services we offer on our website;
  • restrict or terminate your access to all or any part of our website or the services we offer on it;
  • remove any content from our website and not publish or remove any material that you submit to our website; or
  • change these Terms of Use.

We have the right to determine who can use our website.

First of all, you must be 13 years of age or older to use our website. If you’re not at least 13 years old, please don’t use our website. Secondly, we reserve the right to deny access or use of our website (and the services we offer on it) to anyone at any time in our sole and absolute discretion.

Your account is your responsibility.

If you register on our website and set up an account and password, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. You agree to keep your password secure and confidential, not permit others to use your account, and not use other’s accounts. You should immediately notify us of any unauthorized use of your password or account or any breach of security. If you become aware that your account has been compromised, you should immediately change your password. Make sure that you fully exit from your account at the end of each session.

You’re responsible for what you say and do.

You are responsible for all content that you upload, post, email, or otherwise transmit to or through our website. You agree to post only messages, comments, or other information that are appropriate and lawful, and under no circumstances will you post content or engage in any other activity on our website that:

  • defames, threatens, harasses, abuses, deceives, or otherwise violates the legal rights of others;
  • is harmful to children, profane, obscene, indecent, or racially or ethnically offensive;
  • is tortious, libelous, or fraudulent;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes another’s rights to intellectual property, publicity, or privacy;
  • collects or stores personal information about other users of our website;
  • contains advertisements, promotions, commercial solicitations, contests, or surveys (unless you have our written permission to do so);
  • contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
  • contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, our website, or any software, hardware or other related equipment;
  • disrupts or otherwise interferes with our website or the networks or servers used by us;
  • impersonates any person or entity or misrepresents your connection or affiliation with a person or entity, including Aspen Heights or any employee or representative of Aspen Heights; or
  • constitutes illegal activity.

We reserve the right (but not the obligation) to review, edit, or delete any content you post to our website and to terminate your access to our website or to any area of our website at any time without notice for any reason whatsoever. However, we do not endorse or control the content, messages or information posted by you or others to our website, and we disclaim all liability with regard to such content, messages or information.

Our privacy policy applies to information we collect about you.

Information we collect about you on our website is subject to our privacy policy, which is incorporated into these Terms of Use by reference. By using our website, you consent to all actions taken by us with respect to your information in compliance with our privacy policy.

Think before you click or link.

We may include in our website, for informational purposes only, content from and links to third-party websites and resources. We don’t endorse or approve any content, websites or services provided by third parties, and we make no representations or warranties, express or implied, with respect to third-party content, websites or services. Use your own good judgment before using or relying on third-party content, websites or services. You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to take any action necessary to cause any unauthorized linking to immediately cease.

You have a limited right to use our website.

On the condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, non-exclusive, nonassignable, non-sublicensable license and right to access our website, through a generally available web browser or mobile device (but not through scraping, spidering, crawling or other technology or software used to access data without our express written consent), to view content and information and otherwise use our website consistent with the functionality of our website and in accordance with these Terms of Use. Any other use of our website is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our website and all related items. Our website includes our copyrights and intellectual property rights and, except for the limited license granted to you in this paragraph, we reserve all of our intellectual property rights in our website. You may not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of our website, use of our website, or access to our website.

We disclaim any legal liability for the operation of our website and the services we offer on it.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON US, OUR WEBSITE, OR ANY INFORMATION IN OUR WEBSITE. WE PROVIDE OUR WEBSITE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OUR WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE FEATURES, AND WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY SUCH VIRUSES OR OTHER DESTRUCTIVE FEATURES. WE DO NOT GUARANTEE THAT THE SERVICES WE PROVIDE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF OUR WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

We limit our liability to you.

under no circumstances shall we or any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Affiliates”) be liable for ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE our web SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH our web SITE, ANY CONTENT ON our web SITE, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING our web SITE. YOU ACKNOWLEDGE, BY YOUR USE OF our web SITE, THAT YOUR USE OF our web SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

If we end up in a legal dispute with you, it will take place in Texas courts, applying Texas law.

These Terms of Use or any claim, a cause of action or dispute (“claim”) arising out of or related to these Terms of Use shall be governed by the laws of the state of Texas, notwithstanding of any conflicts of law principles. You agree that all claims arising out of or related to these Terms of Use must be resolved exclusively by a state or federal court located in Travis County, Texas, except as described in the immediately following paragraphs regarding arbitration. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims. Notwithstanding the above, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

You agree to resolve disputes through arbitration.

Any dispute or claim relating in any way to these Terms of Use or your use of our web site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Aspen Heights, attn. Legal Department, 1301 S. Capital of Texas Highway, #B-201, Austin TX 78746. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.

If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative, or private attorney general arbitration).

Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms of Use must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Please let us know if you believe your intellectual property has been improperly posted.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our web site, please notify us by sending an email to privacy@myaspenheights.com or by sending a notice by U.S. Mail to: Aspen Heights, 1301 S. Capital of Texas Hwy, Suite B-201, Austin, TX 78746, Attn: General Counsel. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on our web site the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

These general terms apply to these Terms of Use.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render these Terms of Use enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court finds the modified provision invalid, illegal, void, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms of Use will not be affected in any way.

You agree that these Terms of Use constitutes the entire, complete, and exclusive agreement between you and us regarding our web site and the services offered on it and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of these Terms of Use.

Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

If you have questions or comments about these Terms of Use, please contact us at privacy@myaspenheights.com .