Applicability and Acceptance of Terms and Conditions of Use. Except as otherwise set forth herein, these general terms and conditions of use ("Terms and Conditions") govern your use of the web site of The Avenue properties, its subsidiaries and affiliates ("The Avenue"). By accessing and using this web site, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit this site.
Applicability and Acceptance of Terms and Conditions of Use. Except as otherwise set forth herein, these general terms and conditions of use ("Terms and Conditions") govern your use of the website of The Avenue properties, its subsidiaries and affiliates ("The Avenue"). By accessing and using this web site, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit this site.
These Terms and Conditions do not govern services available from The Avenue (even those services that may be ordered or provided by The Avenue through this web site) to the extent that any specific terms and conditions apply to such services. Those services are instead governed by the specific agreements, policies, instructions, statements and regulations relating to such services, and such governing documents will control in the event of a conflict with these Terms and Conditions or any material contained on this website.
Contact Us. For further information or to contact us with questions, concerns or comments, you may email us at theavenue@lennar.com. Although The Avenue will, in most circumstances, be able to receive your email or other information provided through this website, The Avenue does not guarantee that it will receive all such email or other information timely and accurately. The Avenue shall not be legally obligated to read, act on or respond to any such email or other information.
Revisions to Terms and Conditions. Please refer to these Terms and Conditions regularly. The Avenue may at any time and without prior notice revise these Terms and Conditions by updating this posting. Your continued use of this site following posting of changes to these Terms and Conditions signifies that you accept such revisions.
Copyright. All content included on this site is the property of The Avenue, and is protected by copyright law. The Avenue retains all right, title and interest in this website's content. The Avenue grants you the nonexclusive, nontransferable, limited and revocable right to print individual pages from this website, without alteration, for your own personal use, and for your or your clients' consideration with respect to the lease or purchase of The Avenue properties. Except as authorized in these Terms and Conditions, you may not produce, publish, transmit, distribute, display, modify, create derivative works from or exploit in any way, in whole or in part, any of the contents of this site or any related software without the prior written consent of The Avenue.
Trademarks. The names of The Avenue, The Avenue Properties, The Avenue, the "A" symbol, The Avenue Carriage Crossing, The Avenue East Cobb, The Avenue Forsyth, The Avenue Murfreesboro, The Avenue Peachtree City, The Avenue Viera, The Avenue Webb Gin, The Avenue West Cobb, Viera MarketCenter and the other source identifying names, graphics and logos on this website are proprietary trademarks of The Avenue or have been licensed by The Avenue ("Marks"), and may not be used without the prior written permission of The Avenue. The Avenue does not permit the use of its Marks in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without The Avenue' prior written approval.
Employment. The Avenue is an equal opportunity employer. The Avenue provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability.
DISCLAIMER. THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND SERVICES MADE AVAILABLE ON THIS WEBSITE, IS PROVIDED "AS IS." THE AVENUE AND ITS EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OR SERVICES OF THIS WEBSITE, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. THE AVENUE AND ITS EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, THE AVENUE DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND MATERIAL ACCESSIBLE FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS WEBSITE INCLUDES INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE THE AVENUE DESIRES THAT THE INFORMATION ON THIS WEBSITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH INFORMATION. THE AVENUE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE INFORMATION OR SERVICES ON THIS WEBSITE OR THE ACCURACY OR RELIABILITY OF SUCH INFORMATION OR SERVICES. THE AVENUE RESERVES THE RIGHT, WITHOUT NOTICE, AND AT ITS SOLE DISCRETION, TO DENY ANY USER ACCESS TO THIS WEBSITE OR ANY PORTION THEREOF. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
Links. The Avenue may, from time to time, provide links to other outside websites. The Avenue is not responsible for such linked websites or the content of any of the linked websites. The Avenue provides these links as an additional resource for its website users and makes no representations regarding the content of any linked website or any companies that own, control or manage the linked websites. Consequently, The Avenue is not responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in, programs used by, or services or products offered by, websites linked to from this website.
Privacy and Security. The Avenue takes steps to preserve the privacy of personal information you submit over our website. Be advised, however, that the security of the Internet cannot be guaranteed and therefore The Avenue is not responsible for any unauthorized access to communications that you submit over the Internet. Please review the The Avenue Privacy Policy for more information about how The Avenue handles personal information.
LIMITATION OF LIABILITY. THE AVENUE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE THE AVENUE WEBSITE OR INFORMATION, SERVICES OR FUNCTIONS ON SUCH SITE, EVEN IF THE AVENUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AVENUE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR ASSOCIATED WITH THIS SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
Indemnification. You hereby agree to defend, indemnify and hold harmless The Avenue, its directors, officers, employees and agents from and against all claims, damages, awards and expenses, including attorneys' fees, arising out of or resulting from your use of this website.
Choice of Law. These Terms and Conditions, all information on this website, and all disputes arising out of, or relating to, this website are governed by, and will be construed in accordance with, the laws of the State of Georgia and of the United States of America. The venue for any matter relating to or arising from this site will be in the state or federal court of competent jurisdiction in the State of Georgia.
General. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect. This is the entire agreement between The Avenue and you relating to the subject matter herein, and will not be modified except in writing signed by both parties. These Terms and Conditions supersede all prior communications and proposals, whether electronic, oral, or written, between you and The Avenue with respect to this website, except as otherwise indicated herein.
This document was last updated on October 1, 2013.