Terms of Service.

TERMS OF SERVICE

Welcome to www.weinsteinproperties.com (the “Site”)! The Site is made available to you by Weinstein Management Co., Inc. (“Weinstein”).  Please read these Terms of Service (these “Terms”) carefully before accessing, viewing or using the Site. By accessing, viewing or using the Site, you agree to be bound by all the Terms. If you do not agree to all the Terms, you do not have the right to access, view or use the Site. Weinstein may modify the Terms from time to time, in the sole discretion of Weinstein. You are responsible for complying with the most current version of the Terms posted on the Site. Your use of the Site following any modifications will signify your consent and acceptance of such revised Terms.

Weinstein and its affiliates have the right, but not the obligation, to take any of the following actions without providing any prior notice to you: (a) change or terminate all or any part of the Site; (b) restrict or terminate your access to all or any part of the Site; or (c) refuse, move, or remove any content that is available on the Site.

SITE CONTENT GENERALLY. 

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. Weinstein makes no representations or warranties, express or implied, with respect to the information provided on this Site.

THIRD-PARTY WEBSITES AND SERVICES.

 The Site may contain links to other websites, including, without limitation, www.weinsteinpropertiesmaps.com and https://boards.greenhouse.io/weinsteinproperties.  The third-party websites are not under Weinstein’s control and Weinstein is not responsible for the content of the third-party websites.  The links are provided for convenience and do not imply an endorsement or approval of any website or association with its operators, anyone sponsoring these sites or their products or services, or the products or services themselves. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website or service which may be accessed from the Site, including any representations or warranties as to accuracy or completeness. Because Weinstein has no control over third-party websites, resources, products or services, you acknowledge and agree that Weinstein is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Weinstein shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, products, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites.

USE OF INTELLECTUAL PROPERTY. You acknowledge and agree that the Site uses and contains content, information and proprietary and confidential technology owned by or licensed to Weinstein, and protected by applicable intellectual property and other laws and international treaties (collectively, “Weinstein Content”). The Weinstein Content displayed on or through the Site includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by Weinstein and its licensors under United States and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Weinstein Content, the Site or access to the Site in any way without the prior written permission of Weinstein. All content on the Site that is not Weinstein Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained in or attached to any Weinstein Content.  All Weinstein logos and all other registered and unregistered marks used in connection with the Site (the “Weinstein Marks”) are trademarks, trade names, or service marks of Weinstein unless otherwise indicated. You are not authorized to use or display the Weinstein Marks, without the prior express written permission of Weinstein. Ownership of all Weinstein Marks and the goodwill associated therewith remains with Weinstein. All other trademarks are the property of their respective owners.

INDEMNITY. You agree to indemnify, defend and hold Weinstein and its officers, directors, owners, operators, employees, shareholders, successors, agents, affiliates, and subsidiaries (collectively the “Indemnified Parties”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your use of and access to the Site; (ii) your violation of any of these Terms; and/or (iii) your violation of any third party right, including without limitation any third party copyright, property, or privacy right in connection with your use of or access to the Site.

DISCLAIMER OF WARRANTIES. 

YOU EXPRESSLY UNDERSTAND AND AGREE:

Except as may be expressly set forth otherwise in a written agreement between you and Weinstein or a Weinstein affiliate, Weinstein has no special relationship with or fiduciary duty to you. 

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, WEINSTEIN EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.

WEINSTEIN MAKES NO REPRESENTATION OR WARRANTY AND ASSUMES NO LIABILITY OR RESPONSIBILITY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE SITE; (C) (D) REGARDING THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE, BEING ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) REGARDING THE ACCURACY, RELIABILITY OR AVAILABILITY OF  ANY INFORMATION OR MATERIALS ON THE SITE, (F) REGARDING THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE BEING FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

Weinstein and its officers, directors, owners, operators, employees, shareholders, successors, agents, affiliates, and subsidiaries (THE “WEINSTEIN PARTIES”) WILL NOT BE LIABLE FOR:

(A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE WEINSTEIN PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

(B) THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;

(C) THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY WEINSTEIN OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY WEINSTEIN;

(D) THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY WEINSTEIN THAT IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR

(E) ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site.

GENERAL.

For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the relationship between you and Weinstein shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the Commonwealth of Virginia. You and Weinstein hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the County of Henrico (Virginia) or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Weinstein irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.

The failure to exercise or enforce any right or provision shall not affect Weinstein’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.

CONTACT US

If you have any questions regarding the Site, please contact Weinstein by sending an email to wp@weinsteinproperties.com.