vulcanrealestate.com

Terms of Use

Except as otherwise provided in a written agreement signed by Vulcan Inc. or its affiliates, these Terms of Use represent the entire understanding between you and Vulcan Inc. and its affiliates (collectively, "Vulcan" or “we”) regarding your use of www.vulcanrealestate.com (the "Site") and your submission of any materials to us. Vulcan is providing you access to the Site subject to these Terms of Use and the vulcanrealestate.com Privacy Policy. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.

Vulcan reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.

Personal and Non-Commercial Use Only

Unless otherwise specified in writing by Vulcan, the Site, and any information, graphics, text, messages and other materials made available through the site are available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site. You agree that Vulcan may establish general practices and limits concerning use of the Site. You agree that Vulcan has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site.

The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Vulcan. Vulcan provides these links solely as a convenience. The appearance of a link does not imply Vulcan’s endorsement, nor is Vulcan responsible for the content of any linked site YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL VULCAN BE LIABLE IN ANY WAY FOR ANY ASPECT OF THE LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.

You must be 18 years or older to use the Site. You represent that you are 18 years or older.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. Vulcan controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

VULCAN PROVIDES THE SITE AND ITS SERVICES ON AN "AS-IS" BASIS. VULCAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VULCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, VULCAN DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VULCAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.

IN NO EVENT SHALL VULCAN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF VULCAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VULCAN’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.

Vulcan does not want and cannot accept through the Site any ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, we do not accept requests for funding, proposals, business plans, applications or other materials through the Site, including without limitation, proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.

Except as otherwise agreed by Vulcan in writing, all requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to Vulcan, using the Site or otherwise, (collectively, "Submissions") are not confidential and will become and remain the property of Vulcan. You agree that Vulcan shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.

Vulcan reserves the right to reject any Submission or request for information and/or to bar any user from the Site, for any reason, or for no reason, in Vulcan’s sole discretion.

The Site is owned by Vulcan and contains material that is derived in whole or in part from Vulcan and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Vulcan’s express written permission.

All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Vulcan, or their content suppliers, and are protected by U.S. and other international copyright laws, © 2012, Vulcan Inc. ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

”Vulcan”, “Vulcan Real Estate”, "Rethink Urban” and all logos associated with such terms are trademarks of Vulcan Inc. and/or its affiliates (provided that this is not an exhaustive list of the trademarks owned by Vulcan Inc. or its affiliates). They may not be used in connection with any product or service other than those services offered by Vulcan or in any manner that is likely to cause confusion, or in any manner that disparages or discredits Vulcan.

Digital Millennium Copyright Act (“DMCA”) Notice

Vulcan respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. Vulcan’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides resources for owners of copyrighted material who believe their rights under U.S. Copyright law have been infringed on the Internet. If you believe your work has been copied and is accessible on the Site in a way that may constitute copyright infringement, please provide notice to Vulcan’s Designated Agent, listed below. The notice must include the following information as provided by the DMCA, 17 U.S.C. 512(c)(3):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copy works at a single online site are covered by a single notification, a representative list of such works at that site;

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 the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Vulcan’s Designated Agent for receiving notices of copyright infringement may be reached at the following:

Copyright Agent for Claims, Legal Department c/o Vulcan Inc.
505 Fifth Ave. S, Suite 900
Seattle, WA 98104
Telephone: (206) 342-2000
Fax: (206) 342-3000

Vulcan operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.

You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

CLASS ACTION WAIVER.

WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND VULCAN MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.

These Terms of Use shall remain in force until terminated by Vulcan. Vulcan may terminate the Terms of Use or suspend your access to all or part of the Site, without notice, for any conduct that Vulcan, in its sole discretion, believes is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.