Welcome, and thank you for your interest in Haverhill Place owned by Glaske Partners (“Glaske Partners, LLC,” “we,” or “us”) and our website at https://www.haverhillplace.com/ (the “Site”). These Terms of Service are a legally binding contract between you and Glaske Partners, LLC regarding your use of the Site.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR YOU DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE . YOUR USE OF THE SITE, AND GLASKE PARTNER’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY GLASKE PARTNERS AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 11.3, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GLASKE PARTNERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 11.)
Glaske Partners Site Overview. The Site provides users with general information about our products and services.
Eligibility. You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) your registration and your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Limited License. Subject to your complete and ongoing compliance with these Terms, Glaske Partners grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site.
Feedback. If you choose to provide input or suggestions regarding problems with or proposed modifications or improvements to the Site or Materials (defined in Section 4) (“Feedback”), then you hereby grant Glaske Partners an unrestricted, perpetual, irrevocable, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free and worldwide right to exploit the Feedback in any manner and for any purpose without any credit due to you or other restrictions, including to improve the Site and create other products and services.
Ownership; Proprietary Rights. The Site is owned and operated by Glaske Partners. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Glaske Partners are protected by intellectual property and other laws. All Materials included in the Site are the property of Glaske Partners or its third party licensors. Except as expressly authorized by Glaske Partners, you may not make use of the Materials. Glaske Partners reserves all rights to the Materials not granted expressly in these Terms.
Prohibited Conduct. BY USING THE SITE YOU AGREE NOT TO:
reproduce, distribute, publicly display, or publicly perform the Site or the Materials;
make modifications to the Site;
use the Site or any Materials for any illegal purpose or in violation of any local, state, national, or international law;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Site; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Site account without permission;
sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this Section 5 or assist or permit any person in engaging in any of the acts described in this Section 5.
Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Site. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 6, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination and Modification of the Site
Term. These Terms are effective beginning when you accept the Terms, first contact us, or use the Site, whichever occurs first, and these Terms no longer apply when terminated as described in Section 7.2.
Termination. If you violate any provision of these Terms, your authorization to access the Site and the Materials automatically terminates. In addition, Glaske Partners may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site or Materials, at any time for any reason or no reason, with or without notice.
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site and Materials; and (b) Sections 3.2, 4, 7.3, 8, 9, 10, 11 and 12 will survive.
Modification of the Site. Glaske Partners reserves the right to modify or discontinue the Site and access to the Materials at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Glaske Partners will have no liability for any such changes or any suspension or termination of your access to or use of the Site or Materials.
Indemnity. To the fullest extent permitted by law, you will defend and indemnify Glaske Partners and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Glaske Partners Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site or any Materials; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties
THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. GLASKE PARTNERS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GLASKE PARTNERS DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GLASKE PARTNERS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR GLASKE PARTNERS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GLASKE PARTNERS ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Glaske Partners does not disclaim any warranty or other right that Glaske Partners is prohibited from disclaiming under applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GLASKE PARTNERS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY GLASKE PARTNERS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE GLASKE PARTNERS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE ENTITIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE ENTITIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Generally. Any dispute between you and Glaske Partners with respect to these Terms that cannot be resolved by amicable discussion (including any question regarding its existence, validity or termination, or the application of the requirement to arbitrate claims), shall be resolved through binding arbitration in Smith County, Texas, conducted in the English language in front of a single arbitrator in accordance with the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Glaske Partners.
No Class Actions. YOU AND GLASKE PARTNERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Glaske Partners agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Enforceability. If Section 11.2 is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in that case, you and Glaske Partners agree that the exclusive jurisdiction and venue described in Section 12.2 will govern any action arising out of or related to these Terms.
Governing Law. These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. You and Glaske Partners submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Smith County, Texas. for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from our offices in Texas, and we make no representation that Materials included in the Site are appropriate or available for use in other locations.
Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site or otherwise communicate to you (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. If there is any conflict or inconsistency between any Additional Terms and these Terms, these Terms will control.
Contact Information. The Site is offered by Glaske Partners located at 2310 Haverhill Dr, Tyler, TX 75707.You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org
No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies.
International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited.
Information We Collect
We may collect a variety of information from or about you or your devices from various sources, as described below.
If you do not provide your information when requested, you may not be able to use our Site if that information is necessary to fulfill your request or if we are legally required to collect it.
- Information You Provide to Us.
Communications. If you contact us directly, we may receive additional information about you. For example, if you contact us through the “About” page on our Site, we will receive your name, email address, and the subject and contents of your message to us along with any other information you choose to provide. If you subscribe to our marketing communications, we will collect certain information from you such as your email address. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Site.
Careers. If you wish to apply for a job with us, you may submit your contact information and your resume online. We will collect the information you choose to provide on your resume, such as your education and employment experience. You may also apply through certain third-party websites. If you do so, we will collect the information you make available to us through those websites.
- Information We Collect When You Use our Site
Device Information. We receive information about the device and software you use to access our Site, including IP address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, geolocation information, mobile advertising identifiers, and push notification tokens.
Usage Information. To help us understand how you use our Site and to help us improve it, we automatically receive information about your interactions with it, like the pages or other content you view, the information you upload, the searches you conduct, the length of time you spend on a page, objects such as hyperlinks you click on, and the dates and times of your visits.
Information from Cookies and Similar Technologies. We and our third-party partners may collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Site.
Please review your web browser’s “Help” file to learn how to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
- Information We Receive from Third Parties.
Information from third parties. We may receive additional information about you from third parties such as data or marketing partners and combine it with other information we have about you.
How We Use the Information We Collect
We use the information we collect:
- To provide, maintain, improve, and enhance our Site;
- To understand and analyze how you use our Site and develop new products, services, features, and functionality;
- To communicate with you, provide you with updates and other information relating to our Site, provide information that you request, respond to comments and questions, and otherwise provide customer support;
- For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable, or otherwise of interest to you;
- To find and prevent fraud and respond to trust and safety issues that may arise;
- For other purposes for which we provide specific notice at the time the information is collected.
How We Share the Information We Collect
We do not share or otherwise disclose information we collect from or about you except as described below or otherwise disclosed to you at the time of the collection.
Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of our Site.
Third Party App Integrations. If you connect a third-party application to our Site, we may share information such as the fact that you used our Site with that third-party.
Social Networks and Other Online Services. Our Site may allow you to, upon your direction, share information with social networking services, such as Twitter, Facebook and Instagram. You understand and agree that the use of your information by any social networking websites will be governed by the privacy policies of these third-party platforms and your settings on that platform. We encourage you to review their privacy policies.
Marketing. We do not rent, sell, or share information about you with nonaffiliated companies for their direct marketing purposes unless we have your permission.
Analytics Partners. We may use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources.
Advertising Partners. We may work with third party advertising partners to show you ads that we think may interest you. Some of our advertising partners are members of the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1#!/) or the Digital Advertising Alliance (http://optout.aboutads.info/?c=2&lang=EN). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking, or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.
As Required by Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you send any objectionable content on or through our Site.
Consent. We may also disclose your information with your permission.
Location Information. You can prevent your device from sharing precise location information at any time through your device’s operating system settings.
Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us.
Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.
If you choose not to provide us with information we collect, some features of our Site may not work as intended.
We make reasonable efforts to protect your information by using physical and electronic safeguards designed to improve the security of the information we maintain. However, as no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.
Your California Privacy Rights
If you reside in California and have provided your personal information to us, you may request information once per calendar year about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us in writing at the following email address: email@example.com.
Our Site is hosted in the United States and intended for visitors located within the United States. If you choose to use our Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Site. By providing any information, including personal information, on or to our Site, you consent to such transfer, storage, and processing
Update Your Information or Pose a Question
If you have any questions, comments, or concerns about our processing activities, please email us at firstname.lastname@example.org or write to us at 2310 Haverhill Dr, Tyler, TX 75707.