Acceptance of the Terms of Use
These terms of use are entered into by and between you and The Falls, LLC (“The Falls,” “we,” or “us“). These Terms of Use govern your access to and use of LiveAtSpokaneFalls.com, including any content, functionality, and services offered on or through LiveAtSpokaneFalls.com (the “Website.”).
By using the Website, you agree to be bound by these Terms of Use and our Privacy Policy, found at http://www.liveatspokanefalls.com/terms-of-use/ and www.liveatspokanefalls.com/privacy-policy/, which is incorporated here by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
We may revise and update these Terms of Use from time to time. Your continued use of the Website following the posting of revised Terms of Use means you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We may withdraw, change, or restrict access to all or any part of this Website without notice.
Account Security
To access the Website or some of its resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. If you choose, or are provided with, a user name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
Real Estate Matters
Images, illustrations, models and renderings are artists’ conceptual renditions, may not be drawn to scale, and do not depict actual surrounding conditions. Dimensions and areas are approximate. Actual plans, elevations, dimensions, areas, materials, finishes, features, technologies, amenities, views and surrounding environs may noticeably differ from those shown or stated. The floor plans are based on initial plans and may not be relied on as representing actual finished dimensions or areas. Stated areas include portions of the surrounding walls. Window, panel, spandrel and mullion configurations may vary. Window systems may include panels, walls or other architectural features that may block views and reduce window glazing. Terrace areas may include planters. No representation is made as to future views. Expected development on adjacent lands will eliminate views. Seller reserves the right to change plans, layouts, features, specification and prices without notice. The improvements and amenities depicted need not be built. Prices are subject to change or substitution without prior notice.
Any information or content provided on the Website is neither an offer to sell nor a solicitation for offers to buy. Offers will only be made to or accepted from buyers in states or provinces where the project has been registered or where the project is not required to be registered. Offers can only be made in writing. Offers can only be made in conjunction with required disclosure documents. No federal, state or provincial agency has judged the merits or value, if any, of this property.
Intellectual Property
The Website, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by The Falls, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other laws. All rights not expressly granted herein are reserved by The Falls.
You may use the Website for your personal, non-commercial use only. You must not access or use any part of the Website for any commercial purposes.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trademark, or other proprietary rights notice from copies of materials from the Website.
The Falls name and all related or associated names, logos, product and service names, designs, and slogans are trademarks of The Falls or its affiliates or licensors. You may not use such marks without the prior written permission of The Falls. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
If you wish to make any use of material on the Website other than as set out in this section, please address your request to info@liveatspokanefalls.com.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation.
- To impersonate or attempt to impersonate The Falls or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm The Falls or users of the Website, or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
Additionally, you agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website, attack the Website via a denial-of-service attack or a distributed denial-of-service attack, introduce any virus, Trojan horse, worm, logic bomb, or other material that is malicious or technologically harmful, or otherwise attempt to interfere with the proper working of the Website
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Enforcement and Termination
We may take legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Website. We may terminate or suspend your access to all or part of the Website for any or no reason or for any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE FALLS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmission, communication, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information
Information presented on or through the Website is made available solely for general information purposes. It is not necessarily complete or up-to-date. We do not warrant the accuracy, completeness, or usefulness of such information. We are under no obligation to update or correct information presented on or through the Website. You rely on such information at your own risk. We disclaim all liability and responsibility arising from any reliance placed on Website information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Linking to and from the Website; Social Media Features
If the Website contains links to third-party sites and resources, they are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources. We accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or a third-party website to content on this Website.
- Send emails or other communications with Website content or links.
- Cause Website content to be displayed or appear to be displayed on your own or a third-party website.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portion of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action that is inconsistent with any provision of these Terms of Use.
Geographic Restrictions
The Falls is based in the State of Washington in the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
We do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for maintaining procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for reconstruction of lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY OR INFORMATION DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOAD OF ANY WEBSITE MATERIAL.
YOUR USE OF THE WEBSITE AND ANY SERVICE OR ITEM OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ANY SERVICE OR ITEM OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FALLS NOR ANY PERSON ASSOCIATED WITH THE FALLS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE FALLS NOR ANYONE ASSOCIATED WITH THE FALLS REPRESENTS OR WARRANTS THAT THE WEBSITE OR ANY SERVICE OR ITEM OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE FALLS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE FALLS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY WEBSITES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless The Falls, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of Website content, information, services, and products.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in the City of Spokane and County of Spokane. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by The Falls of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Falls to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The Falls, LLC, regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by The Falls, LLC PO Box 3949, Spokane, WA. 99220. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@liveatthefalls.com.