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Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

This Internet site (the "Site") is owned and operated by AIMCO ("AIMCO"), and is subject to the following terms and conditions ("Terms of Use"). By accessing or using the Site, you signify your agreement and the agreement of the company, business or other legal entity that you represent (collectively, "you") to these Terms of Use. If you do not agree to these Terms of Use on your own behalf and on behalf of the company, business or other legal entity that you represent, please do not access or use the Site. This Site is only intended for use for business purposes by companies, businesses or other legal entities. This Site may not be used for personal or non-commercial purposes. You represent and warrant that you are using the site solely for business purposes and are authorized to bind the company, business or other legal entity that you represent to these Terms of Use.

In order to access and use the Site, you may be required to provide information about yourself (such as your name, contact details and basic profiling data, including type of company and products and services used) as part of the registration process for the Site. You agree to provide AIMCO with accurate, correct and up to date information. Note that we describe our current practices related to personally identifiable information collected through the Site in our Privacy Statement. By accessing or using the Site, you signify your agreement to the Privacy Statement.

Ownership, Copyright, and Trademark Notices

All information, text, graphics, software, and other content that make up the Site ("Materials") are the property of AIMCO or its licensors. You acknowledge that certain Materials available on the Site are protected by copyright, trademark, patent, or other intellectual property rights of AIMCO and its licensors. Except as expressly provided, nothing within the Site or Materials shall be construed as conferring any license under any of AIMCO's or its licensors' intellectual property rights, whether by estoppel, implication, waiver, or otherwise.

AIMCO grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site and Materials only in the manner presented by AIMCO and as expressly permitted by AIMCO, and where applicable, for the purposes of placing orders and checking the status of orders placed through the Site. Except as expressly provided herein or as otherwise permitted by mandatory provisions of applicable law, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any Materials from the Site without the prior express written permission of AIMCO. Notwithstanding the foregoing sentence, you may download any Material expressly designated by AIMCO as downloadable for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any other use of the Materials for any other purpose is a violation of these Terms of Use and AIMCO's or its licensors' copyright and other intellectual property rights. Use of any such Material on any other web site or networked computer environment is strictly prohibited.

Trademarks, Service Marks, and Trade Names

All trademarks, service marks, and trade names appearing in the Site are the property of AIMCO or the respective owners of such marks or names, and are protected by U.S. and international copyright and trademark laws. You agree not to defame or disparage AIMCO and its trademarks, service marks, and trade names, or any other aspect of the Site or the Materials. Any use of any of the trademarks, service marks, or trade names appearing throughout the Site without the express written consent of AIMCO or the owner of the mark or name, as applicable, is strictly prohibited.

Any rights not expressly granted in these Terms of Use are reserved.

Spidering, Monitoring, and Interference

You agree you will: (1) not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Site or the Materials contained herein without the prior express written permission of AIMCO; (2) not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; and (3) not take any action that imposes an unreasonable or disproportionately large load on AIMCO´s infrastructure.

Account Information

You are responsible for maintaining the confidentiality of any user names or passwords associated with any account you use to access the Site, for monitoring all activity under the account, and you agree to assume full responsibility for all activities that occur under your account (unless such activities result from a security breach for which AIMCO is responsible). You may not disclose or share your user name or password with any third parties or use them for any unauthorized purpose. If you become aware of any unauthorized use of your password or your account, you agree to notify AIMCO immediately at the email address or phone number provided for notice in the Privacy Statement.

Products And Pricing

All products sold as a result of accessing the Site are subject to the then current applicable version of AIMCO's standard terms of sale (the "Standard Terms and Conditions of Sale") unless otherwise agreed by AIMCO. By ordering or purchasing any products or services on or through the Site you agree to be bound by the Standard Terms and Conditions of Sale. If you do not accept the Standard Terms and Conditions of Sale, do not order or purchase any products through the Site. You agree that the prices, configurations and availability of the AIMCO products may be subject to change by AIMCO at any time.

Links to other Internet Sites

The Site may contain links to other Internet sites and services that are operated and maintained by third parties. You acknowledge, understand and agree that AIMCO, to the extent permitted by law, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.

Links to the Web Site or Materials

Linking to any page of the Site other than to www.aimco-global.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with AIMCO. Any web site or other device that links to www.aimco-global.com or any page available therein is prohibited from (a) replicating Materials, (b) using a browser or border environment around the Materials, (c) implying in any fashion that AIMCO or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with AIMCO or any of its affiliates, (e) presenting false information about AIMCO products or services, and (f) using any logo or mark of AIMCO or any of its affiliates without express written permission from AIMCO.

Changes

AIMCO reserves the right to modify, suspend, or discontinue any portion of the Site and Materials, or otherwise disable your access to all or a portion of the Site, at any time, with or without notice. AIMCO reserves the right to modify any part of these Terms of Use at any time. Any modifications shall be effective upon posting to the Site. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the Site after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use. If, at any time, the Terms of Use are not acceptable to you, you should immediately cease use of the Site. You agree that the above-stated standard for notice of modifications is reasonable.

WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE MATERIALS IT CONTAINS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AIMCO DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY AIMCO, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, USE OF REASONABLE SKILL AND CARE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AIMCO DOES NOT WARRANT THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT AIMCO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

AIMCO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE SITE AND THE MATERIALS; OR (2) YOUR USE OF THE SITE OR MATERIALS; OR (3) ANY THIRD-PARTY WEB SITE YOU MAY ACCESS THROUGH THE SITE. DESPITE THE CHOICE OF OREGON LAW, THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS OR UNDERTAKINGS, SO THE ABOVE EXCLUSIONS ARE PROVIDED TO THE EXTENT PERMITTED BY LAW AND SOME MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIMCO, ITS SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY'S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE SITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEB SITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF AIMCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE THE CHOICE OF OREGON LAW, THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS CLAUSE SHALL NOT EXCLUDE OR IN ANY WAY LIMIT EITHER PARTY’S LIABILITY FOR (I) FRAUD OR (II) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.

EXCEPT WITH RESPECT TO CLAIMS RELATED TO PURCHASES MADE THROUGH THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH AIMCO, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE EQUIVALENT OF $100. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.

Indemnity

You agree to indemnify and hold harmless AIMCO, its suppliers and licensors, their respective officers, directors, employees, agents, and affiliates, and each of them from any third-party claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorneys' fees) arising out of or related to your use of the Site or any Materials it contains; your failure to comply with these Terms of Use; your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.

Jurisdiction

The Site is controlled and operated by AIMCO from within the State of Oregon, United States of America. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

General

Unless otherwise required by local law, these Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Oregon, United States of America, without regard to its conflicts of law principles. AIMCO's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use shall derogate AIMCO's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AIMCO with respect to such use. We may provide notices to you via postings on the Site, via email or via any other means of communication for which you have provided contact information. 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 these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by AIMCO shall be deemed a further or continuing waiver of such provision or any other provision, and AIMCO’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and replace all prior or contemporaneous communications, oral or written. If there is any discrepancy between the English version and other language versions of these Terms of Use, the English version shall prevail.

Effective Date: April 2012

   


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