IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing or using the Reynolds Cycling website, www.reynoldscycling.com, you agree to be bound by the following terms and conditions governing use of the Site (the “Terms of Use”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE OR ACCESS THE SITE AND YOU SHOULD LEAVE THE SITE IMMEDIATELY.
Use of Website
The purpose of this Site is to provide you with information about Reynolds Cycling and related services, products and properties. This Site is for your personal and non-commercial use. You may not use this Site to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Reynolds Cycling, its affiliates or others. Your use of, and browsing in, the Site is at your own risk. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this Site.
Proprietary Information
As between you and Reynolds Cycling, all content of this Site, including its appearance and look and feel, are owned by Reynolds Cycling unless otherwise expressly indicated in the Site. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on this Site, except as expressly permitted in the Terms of Use.
All Reynolds Cycling trademarks, trade dress, service marks or trade names that appear on the Site or are referenced on the Site are the property of Reynolds Cycling in the United States and other countries and no license or other right to use such marks, names or dress shall be deemed given without the express written permission of Reynolds Cycling.
User Supplied Content
You understand and acknowledge that you are solely responsible for all information, data, text, or other materials or other content that you provide to Reynolds Cycling via this Site and that Reynolds Cycling is not responsible or liable for this information.
Links
This Site may contain links to other third party websites or resources. These links are provided for your convenience only. Reynolds Cycling has no control over these websites or the content contained therein. Such links do not constitute endorsements by Reynolds Cycling of any third party websites accessible through such links, their content or any products or services made available thereon. Linking to this Site, and/or framing any portions of this Site without Reynolds Cycling’s express written permission is prohibited. You agree and acknowledge that Reynolds Cycling is not responsible or liable for any content or related materials contained on any of these third party websites and that you will not link or frame any portions of the Site without the express written permission of Reynolds Cycling.
No Warranty
THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, REYNOLDS CYCLING, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES HEREBY DISCLAIM (A) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES RELATED TO CONDITION OF TITLE, THAT THE SITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (B) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS SITE, AND FOR ANY DOWNTIME EXPERIENCED ON THE WEBSITE.
Use by United States Residents
This Site has been published in the United States for residents of the United States only. You agree to use this Site in accordance with all federal, state, and local laws and the terms of conditions contained herein. This Site is not intended for use by, or to provide any information to, users outside of the United States, and any such users should not rely on any information appearing on this Site.
Limitation of Liability
To the maximum extent permitted by law, Reynolds Cycling shall not be liable for any special, incidental, direct, punitive, indirect or consequential damages of any kind, under any theory of liability arising out of or in connection with the use of this Site, or a delay or inability to use the Site, including without limitation, damages due to lost profits, business interruption, loss of data or damage to systems, even if Reynolds Cycling has been expressly advised of the possibility of such damages.
Indemnification
You hereby agree to indemnify, defend, release and hold harmless Reynolds Cycling from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) they incur arising as a result of your use of this Site, your violation of the Terms of Use, or your infringement of any intellectual property or other right of Reynolds Cycling or any other person or entity.
Privacy
The Reynolds Cycling Privacy policy, found here applies to use of the Site, and its terms are made part of these Terms of Use.
Disclaimers
No Federal Agency or other Governmental authority has judged the merits or value, if any, of the property described herein and it may be advisable for you to consult an attorney or other knowledgeable professional who is familiar with real estate and development law regarding any of the materials contained on the Site.
Reynolds Cycling encourages and supports a marketing effort in which there are no barriers to obtaining housing because of race, color, religion, sex, national origin, handicap or familial status and the information contained on this Site conforms with this policy.
Information contained herein is not guaranteed by Reynolds Cycling to be accurate or complete and is further subject to error, omissions, prior sales, price change or withdrawal without notice and approval of purchase by Seller. Maps on this website are not to scale and represent an artist’s depiction of the existing and/or planned elements. All artists’ renderings, photos, floor plans, architectural elevations, operational specifications and planned amenities presented on this website are subject to change without notice at Reynolds Cycling’s sole discretion.
GUIDELINES FOR OFFERS TO SELL OR TO PURCHASE REAL ESTATE SECURITIES ON THE INTERNET
An offer for sale or purchase of a real estate security within the meaning of New York General Business Law ("GBL") Article 23-A will not be deemed to be made within this state merely because an offer made on or through the Internet, the World Wide Web, or a similar proprietary or common carrier electronic system (such systems are hereinafter referred to collectively as the "Internet") originating outside this state is received in this state where (a) the offer indicates, directly or indirectly, that the offer is not being made to residents of the State of New York; (b) the offer is not specifically directed to any person in the State of New York by, or on behalf of, the offeror; and (c) no sales or purchases of the security are made in the State of New York as a result of the offer until such time as all registration requirements pursuant to GBL Article 23-A are fulfilled. The term real estate securities includes cooperative, condominium, timeshare, homeowners association interests and real estate syndication offerings. Accordingly, you may advertise or offer real estate securities such as a timeshares or condominiums on the Internet without registering with the New York State Department of Law only if all the following conditions are met: (1) the company whose real estate securities are being offered is not incorporated in New York State and does not have any of its offices in New York State, (2) the person or entity making the offer is not incorporated or located in New York State, (3) the offer indicates, directly or indirectly, that the offer is not being made to residents of the State of New York, (4) the offer is not specifically directed to any person or entity in the State of New York by, or on behalf of, the offeror, and (5) no sales or purchases of the security are made in or from the State of New York as a result of the offer until such time as either an offering plan is accepted for filing pursuant to GBL §352-e, or a written exemption is obtained pursuant to GBL §359-f(2), or else an application is granted pursuant to and in accordance with Cooperative Policy Statement 1 or 7, or a "No-Action" request is granted.
Nothing in these Guidelines shall preclude any person from relying on any available automatic exemption pursuant to GBL§359-f (1), nor shall these guidelines be deemed to relieve any person from liability under GBL §352-c or §353.
(Effective 4-15-97)
WARNING: THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT INSPECTED, EXAMINED, OR QUALIFIED THIS OFFERING.
ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME WITHIN THE BODY OF THE WEB SITE AND ARE INCORPORATED HEREIN BY REFERENCE.
Invalidity of Terms.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
Termination of Access
You acknowledge that Reynolds Cycling may terminate your access to this Site at any time, with or without cause.
Waiver
Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Reynolds Cycling.
Questions, Comments, Complaints, or Service Issues.
If you have any questions, comments, complaints or service issues pertaining to this Site, please contact a Reynolds Cycling representative at 866-798-3040.
Dispute Resolution
Any dispute, controversy or claim arising out of or in relation to this contract (these terms of use), including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the American Arbitration Association Rules in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. Each party shall bear the expense of that party’s attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law and/or these Terms of Use gives a party the right to recover any of those fees from another party. The arbitrator(s) shall be obligated to follow applicable substantive laws, statutes of limitations and privilege rules related to any dispute. The arbitrator shall award the remedies, if any, that would be available in an individual court proceeding if arbitration had not been elected. This includes, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings); declaratory, injunctive and other equitable relief; and attorneys’ fees and costs.
Governing Law
These Terms of Use and any disputes arising out of or related to the Site or use of the Site shall be governed by the laws of the State of Utah, without regard to its conflict of laws.
Changes in the Site
Reynolds Cycling reserves the unilateral right, in its sole and absolute discretion, to modify, change, add or remove portions of these Terms of Use and to change, suspend or discontinue all or any portion of the Site at any time, in its discretion, without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Use will mean you accept those changes. Please print and retain a copy of these Terms of Use, as it may be changed from time to time, for your records.
Copyright ©2009. Reynolds Cycling. All Rights reserved.
