USE OF COPYRIGHTED MATERIALS AND TRADEMARKS
Any materials on this website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials: (i) owned by 55 Resort Apartments (collectively, the “Materials”) or (ii) provided by third-party licensors and suppliers to 55 Resort Apartments (collectively, the “Third-Party Content”). All rights not expressly granted in and to the website, the Materials and the Third-Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information and other restrictions in connection with the website, including without limitation any Materials and Third-Party Content therein.
The Materials contain trademarks, service marks and trade names which are owned by 55 Resort Apartments and its affiliates. Except as otherwise noted in the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:
Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
55 Resort Apartments reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from 55 Resort Apartments.
The Third-Party Content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third-Party Content, you agree only to display the Third-Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content. You acknowledge and agree that the Third-Party Content does not reflect the views of 55 Resort Apartments and that 55 Resort Apartments is not responsible for any views, ideas, positions, materials and the like contained in any Third-Party Content.
Nothing contained in the website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of 55 Resort Apartments, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and Third-Party Content on the website are expressly reserved to 55 Resort Apartments, its affiliates, and/or any third party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of 55 Resort Apartments or written permission from a third party with respect to such party’s Third-Party Content, you may not (i) distribute the website, or any portion thereof or content (including without limitation Materials and Third-Party Content) of any kind included therein, in any medium, (ii) modify the website, or any portion thereof, (iii) access the Materials and Third-Party Content through any technology or means other than those provided on the website itself, (iv) use the website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the website (including without limitation Materials and Third-Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.
HYPERLINKS TO THIS SITE
You are granted a limited, nonexclusive right to create a “hypertext” link to the website provided that such link is to the entry or home page of this website and does not portray 55 Resort Apartments or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by 55 Resort Apartments at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any 55 Resort Apartments trademark, logo or trade name or other proprietary information including the Materials found at or on the website, the content of any text or the layout and design of any page of the website or any form contained on a page of the website without the express prior written consent of 55 Resort Apartments in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a 55 Resort Apartments or 55 Resort Apartments affiliate name, trademark, or product name without express written consent from 55 Resort Apartments in each instance.
LINKS TO THIRD-PARTY WEBSITES
The website may be linked to other websites on the internet that are not affiliated with, under the control of, or otherwise maintained by 55 Resort Apartments. If you use these links, you may leave the website. 55 Resort Apartments has not reviewed any of these third-party sites and does not control and is not responsible for any of these sites or their content. 55 Resort Apartments does not endorse any opinion, recommendation or advice expressed therein or make any representations about third-party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and 55 Resort Apartments expressly disclaims any and all liability in connection with such third-party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against 55 Resort Apartments in connection therewith. You further understand and acknowledge if you decide to access any of the third-party sites linked to the website, you do so entirely at your own risk.
You shall not circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Materials or Third-Party Content or enforce limitations on use of the website or any such content therein.
DISCLAIMER OF WARRANTIES
Except as may be expressly set forth otherwise in a written agreement between you and 55 Resort Apartments or a 55 Resort Apartments’ affiliates, 55 Resort Apartments has no special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD-PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 55 RESORT APARTMENTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF 55 RESORT APARTMENTS’ SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Information on the website should not be relied upon for accuracy, timeliness and completeness and projections, forecasts and estimates on the website are not guarantees of current or future performance.
LIMITATION OF LIABILITY
The information contained within press releases issued by 55 Resort Apartments and its affiliates should not be deemed accurate or current except as of the date the release was posted. 55 Resort Apartments and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.
FAIR HOUSING STATEMENT
55 Resort Apartments is committed to compliance with all federal, state, and local fair housing laws. 55 Resort Apartments will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws. 55 Resort Apartments will allow any reasonable accommodation or reasonable modification based upon a disability-related need. The person requesting any reasonable modification may be responsible for the related expenses.
If you have any questions regarding the Website, please contact 55 Resort Apartments by sending an email to info@55ResortApartments.com.
PERSONAL INFORMATION COLLECTION
We collect Personal Information from our website in order to provide you with information on the 55 Resort Apartments products and services you have expressed an interest in to provide you with information on other similar 55 Resort Apartments products and services we believe will be of interest to you and to better understand how we can help prospective residents.
The type of Personal Information we collect will depend upon what we will need in order to provide you with the particular product or service you are interested in. In the case of prospective residents, the information requested on our registration form includes some or all of the following Personal Information: name and address, age or date of birth, email address, occupation, employment information, and telephone number.
Those interested in becoming residents will be asked to include most of the following further information: the kind of service you are requesting, the apartment size you are looking for, where you want to live, the type of building you prefer, your proposed rent budget, the number of individuals in your household and their ages, and whether or not you have pets.
USE OF IP ADDRESSES
An IP address is a number that is automatically assigned to your computer whenever you are surfing the internet. Web servers, the main computers that serve up web pages, automatically identify your computer by its IP address. As permitted under applicable law, 55 Resort Apartments collects IP addresses for the purposes of system administration, gathering and analyzing aggregated information, creating a better experience for users and auditing the use of our site.
We do not normally link IP addresses to anything personally identifiable, which means that your session will be logged, but you remain anonymous to us. We will seek to link your IP address when we feel it is necessary to protect this site and other users from harm and to prevent criminal misconduct.
USE OF “COOKIES”
We use persistent tracking cookies on our website which are cookies that stay in your web browser between visits. These cookies can also be used to show us which sites you have visited before entering our site and which sites you may go to if you leave. We use these to capture analytical information about our visitors that helps us to improve the performance of our website and create a better experience. These cookies allow us to recognize and count the number of visitors, to provide content related to a prior visit to the website, to see how visitors move around the site and the products and services they are interested in when they are using it and to see what other types of products and services they may be interested in. This helps us to improve the way our website works, for example by making sure users are finding what they need easily.
Most browsers are set up to accept cookies. If you want to change your cookie preferences, you can do so through your browser settings or refuse the cookies when you enter the website. Please remember that our cookies are often used to give you certain functionality and without them you may not be able to use some of our website. You can also remove cookies that have already been set in your browser via your browser settings.
INFORMATION SHARING OR DISCLOSURE
As a general rule, 55 Resort Apartments will not disclose Personal Information except when we have your permission or under special circumstances, such as when we believe, in good faith, that the law requires our disclosure. We may also disclose Personal Information for business operations as described below.
We do not commercialize or share your Personal Information with third-parties, unless:
Such information is shared and/or commercialized following receipt of a specific request and/or permission from users;
Such information is shared with affiliated companies and/or potential investors (in any form of business transaction, including purchase or merger) pursuant to an agreement which contains reasonable confidentiality arrangements;
Such information is shared with contractors who work with us pursuant to an agreement which contains reasonably confidentiality arrangements;
Such information is shared in order to comply with or in accordance with any applicable law and/or court orders and/or in order to prevent suspected illegal acts, frauds, situations involving potential threats to the safety of any person, or as otherwise required by law. This includes responding to lawful requests by public authorities, including to meet national security or law enforcement requirements;
Such information is shared in order to help 55 Resort Apartments defend against claims and/or establish or exercise any legal right that 55 Resort Apartments may have;
LINKS TO THIRD-PARTY SITES
You should be aware that when you are on the 55 Resort Apartments’ website you could be directed to other third-party sites that are beyond our control. There are links to other sites from 55 Resort Apartments, which take you outside our service. For example, if you “click” on a banner, an advertisement or a search result, the “click” may take you off the 55 Resort Apartments’ website. These other sites may include sites of other advertisers, sponsors and partners that may use their logo with ours as part of a co-branding agreement. These other sites may send their own cookies to visitors to collect data or solicit information. 55 Resort Apartments does not control these sites and therefore is not responsible for their content. The inclusion of hyperlinks to any other sites by 55 Resort Apartments does not imply any endorsement of the material on such sites, nor any association with their operators.
55 Resort Apartments’ policies do not extend to anything that is inherent in the operation of the internet, which is beyond our control. Remember that whenever you give out information online, that information may be collected and used by people you do not know.
55 Resort Apartments takes reasonable technical and organizational measures in accordance with applicable laws to safeguard users’ Personal Information. While 55 Resort Apartments strives to protect your Personal information and therein your privacy, we cannot guarantee the security of any Personal Information you disclose online and you therefore disclose such Personal Information at your own risk.
We limit access to Personal Information to employees whom we believe reasonably need to receive such information to provide our services or in order to do their jobs, and we take the precautions we deem reasonable to protect the security of users’ Personal Information. We also work very hard to ensure that our employees are aware of the sensitivity of the data submitted to us and that they handle it with care, being careful not to allow any improper access by third-parties. However, as in many computer systems, internet applications and software programs, unauthorized use, failure of hardware or software may be injurious to the confidentiality of users’ Personal Information.
EMAIL CONSENT AND OPT-OUT
You may choose to opt out of receiving future commercial email messages from us as a result of your use of this site. Each mass commercial email sent by us contains a link with instructions on how to remove yourself from our email list. Please note that if you are a resident of a 55 Resort Apartments community and you use this site and your community site, you will need to opt-out of your community site separately. You will also need to opt-out separately from any third-party sites you have registered with.
We do not collect or maintain information at our site from those we know are under 13, and we do not permit children under 13 years of age to become registered users of our site. No part of our site is structured to attract anyone under 13. By using our site, you represent that you are not under 13 years of age.
NOTICE TO EUROPEAN USERS
Our website and services on this website are targeted for users in the United States. Any information you enter on this site may be transferred outside of the European Union to the United States which does not offer an equivalent level of protection to that required in the European Union. In particular, you are advised that the United States uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation and self-regulation. Article 26 of the European Union’s Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of Personal Information from the European Union to another country if the individual has unambiguously given consent to the transfer of Personal Information, regardless of the other country’s level of protection.
NOTIFICATION OF CHANGES
If a user’s Personal Information changes (such as zip/postal code, phone, email or postal address), or if a user no longer desires to be registered with this site, we provide a way to correct, update or delete/deactivate users’ Personal Information.
You may also contact us by mail at 55 Resort Apartments, Attn.: Marketing, 500 Apex Drive, Windsor, Colorado 80550. If you contact us by mail, your communication should clearly be marked as a data protection query and as being time sensitive.
CORRECTING AND DEACTIVATING PERSONAL INFORMATION
You have the right, freely and at reasonable intervals, to request that 55 Resort Apartments inform you as to whether Personal Information relating to you is being processed. You have the right to request that 55 Resort Apartments correct, supplement, delete or block your Personal Information in the event that the data are factually inaccurate, incomplete or irrelevant to the purposes of the processing activities or if the Personal Information is being processed in any other way which infringes a legal provision. If you wish to exercise your rights or if you have any questions or suggestions regarding the use, collection, or security of your Personal Information, please contact us.
When a request for user deletion is received, we will make all reasonable efforts to purge said data from our systems. Due to the nature of our service, some information may not be fully removed due to backups or archived copies; however, such information will only be used for the purpose of performing a contract that the user has entered into with us.
ACCEPTANCE OF THESE TERMS