Terms and Conditions of Use
This website, and the information, content and services contained herein, is provided by Triumph Management Company (“Triumph”) and is applicable to Triumph’s related entities, assigns and/or successors in interest (“Triumph” or “we” or “us”). These Terms and Conditions of Use (“Terms”) set forth the terms and conditions governing your use of this website and any related content contained herein. By accessing or using this website you agree to abide by the Terms set forth below and agree to be legally bound by these Terms.
Modification
These Terms may be changed without notice and in the sole discretion of Triumph by updating and posting the revised Terms on this website. The use of this website following the posting of a new version of the Terms constitutes your acceptance of any such changes. As such, when you visit this website you should review the Terms for any possible changes.
Additional Terms.
In addition to these Terms, we may also post additional terms and conditions (“Additional Terms”) that apply to certain services or features we offer on the website (such as payment services, etc.), and you will be subject to such additional guidelines when you access these services or features. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state otherwise.
Scope of Use.
You agree to use this website for lawful purposes only, and you agree that you shall comply with all applicable laws, statutes, rules, regulations, ordinances applicable to your use of this website. By your agreement to these Terms we grant you a nonexclusive, nontransferable, revocable, license to view, download, copy, and print content retrieved from the website solely for personal use. Except as permitted by law, you may not use any content available on the website in any other manner without the prior express written permission of Triumph. Any unauthorized use of any content from the website may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
Registration for Services of Website.
This website may require registration or may require that you provide information in order to participate in certain features, to access certain content, or to obtain certain services. If you choose not to provide such information those functions of the website requiring the submission of such information will not be available for your use. Should you decide to register with the website, you agree to provide true, accurate, current, and complete information about yourself.
Controlled Access Obligations.
If any portion of the website restricts access and requires the use of a User ID and password, your access to and use of the restricted access portion of this website is subject to the following terms:
- You agree to use such portions of the website only with the User ID and password assigned to you or associated with your registration, and that you agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to the website.
- You shall take steps to ensure the confidentiality of your User ID so that others may not access the website using your User ID and password. You agree to immediately notify Triumph of any compromise or unauthorized use of your User ID or password or any other breach of security.
- You agree to accept personal responsibility for all activities that occur under your User ID and associated password until such time as you notify us that your user ID and password have been compromised or otherwise request that we cancel your account. Triumph is not liable for any loss or damage arising from your failure to comply with any of these obligations.
Online Applications, Consents, Leases, Payments and Other Transactions.
This website may provide with you the option to electronically enter into certain transactions related to your rental of an apartment, including but not limited to, an application to lease an apartment, certain consents related thereto, a lease agreement for an apartment for which you have been approved to rent, a renewal of an existing lease agreement, and/or payments related to your application for or lease of an apartment. Your use of this website to enter into such transactions with us is entirely voluntary. However, if you enter into any such transaction via this website, you consent to doing such transaction in electronic form, and to provide an electronic signature in the form specified on this website, whenever a signature is required in connection with a transaction on this website. In addition, you understand and acknowledge that all transactions that you enter into on this website will be legally binding on you just as if they were done on paper, and that your electronic signature in the form specified on this website will be binding as though you had physically signed such document on paper by hand. Further, you will be required to agree to additional terms and conditions with respect to each online transaction which terms will be specified clearly at the time of the online transaction.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL CONTENT ON IT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” BASIS “WITH ALL FAULTS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRIUMPH EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT TRIUMPH IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES OR DAMAGES DUE TO LOST PROFITS), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF TRIUMPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL TRIUMPH BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER.
Website Access.
Triumph reserves the right, in its sole discretion, to modify or discontinue the website, or any portion of the website, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to the entire website or any portion of the website.
Violation of Terms.
Any violation of these Terms, as determined by Triumph, may result in restriction or termination of your access to all or part of the website and may be referred to law enforcement authorities. No waiver of any of these Terms shall have any force or effect unless made in writing and signed by a duly authorized officer of Triumph.
Governing Law.
These Terms shall be governed by the laws of the State of California the United States of America and international copyright laws. You agree to submit to the jurisdiction of the federal and state courts in the State of California for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.
Entire Agreement.
These Terms and the Website Privacy Policy constitute the entire agreement between Triumph and you pertaining to your use of the website and any information contained herein and supersedes any and all prior written or oral communications and/or agreements previously existing between us. |
