Welcome to www.thewellingtonapartments.com!

These Terms of Use govern your access to and use of www.thewellingtonapartments.com (the “Website”), which is provided by The Wellington (“we,” “us” or “our”) under a license from the website creator (“Licensor”). Your access to and use of the Website are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Website, you agree to be bound by these Terms of Use, our Privacy Policy, and any other terms, guidelines or rules that are applicable to any portion of the Website that you may access, without limitation or qualification.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME.

THESE TERMS OF USE REQUIRE YOU TO GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. READ THEM CAREFULLY AND DO NOT USE THE WEBSITE IF YOU DO NOT AGREE.

YOU AGREE THAT THESE TERMS OF USE ARE SUPPORTED BY GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, YOUR USE OF THE WEBSITE AND THE MATERIALS AND INFORMATION AVAILABLE HERE AND THE POSSIBILITY OF PUBLICATION OR PUBLICITY OF YOUR “USER GENERATED CONTENT.”

Modification of the Website or Terms of Use

You acknowledge and agree that we reserve the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Website is offered and the services, features, links,content, information and any other materials offered via the Website at any time and from time to time without notice or further obligation to you. By continuing to access or use the Website after we make any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates.

Privacy

See our Privacy Policy for information on users’ rights and responsibilities with respect to information collected by us on the Website by here.

Registration; Information; Passwords

If you register or provide certain information via the Website, you agree to complete the registration or other process by providing us with current, complete and accurate information as requested by any forms. You are responsible for safeguarding any password that you use to access any areas of the Website. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions, including for any actions that are in breach of these Terms of Use. You agree to immediately notify us of any unauthorized use of your password.

Intellectual Property Rights

All right, title and interest in and to all content, text, images, video and other materials on the Website, and the design, selection and arrangement thereof, are owned by Licensor and are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use content, text, images and other materials on the Website. You must keep intact, and may not remove or alter, any copyright or other proprietary notices on any content, text, images or other materials offered via the Website. You may not copy or modify the HTML code used to generate web pages on the Website.

All trademarks, service marks and trade names that appear on the Website are proprietary to us, our affiliates or other respective owners. You may not display or reproduce these trademarks, service marks or trade names other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Website.

Your Use of the Content

We authorize you to view, copy, download and print a single copy of any content available on the Website, provided that:

  • the content is used solely for personal, non-commercial purposes;
  • the content is not modified or redistributed; and
  • all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such content, in each case, subject to the restrictions set forth in these Terms of Use.

Except for this permitted use, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Website. The content available through the Website is either our sole property or that of our Licensor and is protected by patent, copyright, trademark, trade secret and other intellectual property laws.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to us and our Licensor that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and any related activities. In addition, you warrant that you will not use the Website in any way prohibited by these terms, conditions and notices. If you violate any of these Terms of Use, your permission to use the Website will automatically terminate. We reserve the right to revoke your access to and use of the Website at any time, with or without cause.

General Prohibitions

You agree not to do any of the following while using the Website:

  • Post, publish or transmit any text, graphics or content that:
    • is false or misleading;
    • is defamatory;
    • invades another’s privacy;
    • is obscene, pornographic or offensive;
    • promotes bigotry, racism, hatred or harm against any individual or group;
    • infringes another's rights, including any intellectual property rights; or
    • violates, or encourages any conduct that would violate, any applicable law or regulation,including Fair Housing laws and regulations, or any laws regarding the export of data to and from the US, or could give rise to civil or criminal liability;
  • Access, tamper with or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the Website, for purposes other than those permitted by these Terms of Use, with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browsers;
  • Send unsolicited email, junk mail, spam or chain letters, or promotions or advertisements for products or services;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website; or
  • Impersonate or misrepresent your affiliation with any person or entity.

We and our Licensor reserve the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Website, but have the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links and Conditions for Linking to Website

The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement thereof by us or the content, products or services available from such websites or resources. If you decide to access any such third party websites or resources, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.

We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

Use of the Website at Your Own Risk

Your access to and use of the Website is at your own risk. Neither we nor Licensor have any responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of the Website.

The Website is Provided ‘AS-IS’

ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE,MAY BE USED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN US AND YOU, EXCEPT FOR THESE TERMS OF USE AND OUR PRIVACY POLICY. WITHOUT LIMITING THE FOREGOING, THE WEBSITE IS PROVIDED ‘AS IS’, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.

NEITHER WE NOR LICENSOR MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify and hold harmless us, Licensor and our service providers and any third party involved in the creation, production or delivery of the Website and our or their respective officers, directors, employees and agents, from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR LICENSOR WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR LICENSOR SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, NEITHER WE NOR LICENSOR WILL HAVE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF US OR LICENSOR TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT OR SERVICES SHALL NOT EXCEED $500. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

Construction

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of the Website to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. These Terms of Use and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Guidelines for User Generated Content

“User Generated Content” consists of communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Website. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

Posting Rules for User Generated Content

Be Courteous — Flaming and insults are prohibited. Do not post content that is offensive, libelous,defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural, or ethnic context.

Remain Private — Do not post personal information, including your email address, IM address, or phone number. Do not solicit personally identifiable information from other Website users.

Be Personal — The Website is not to be used for any commercial purpose. Do not post any advertising or commercial content whatsoever. Do not post any content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.”

Be True — Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, or deceptive, or that promotes illegal activities.

Be Original — You agree and represent that you own or control all rights in any User Generated Content that you post to the Website. You are responsible for ensuring that any User Generated Content that you post does not, and will not, violate anyone else’s rights.

General Rules for User Generated Content

User Generated Content is not prescreened. We do not prescreen User Generated Content on the Website. Neither we nor Licensor guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. We are solely acting as a passive channel for such distribution and are not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Accordingly, we reserve the right to, edit, remove, suppress or refuse to post any User Generated Content and/or terminate your access for any reason.

Registration. To post User Generated Content, you must become a registered user and you must be at least 13 years of age. If you are between 13 and 18 years old, you must have your parent/guardian's permission to use or post User Generated Content.

Our Rights to Your Posting. Your User Generated Content is not confidential or proprietary. You grant to us and Licensor a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content in any manner or media now or later developed, including the right to change, create derivative works, sublicense, assign and commercialize without any payment due to you.

Complaints. Immediately notify us in writing of any objectionable content appearing on the Website. We will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content.

Entire Agreement

These Terms of Use, and the other policies, terms, guidelines and rules referenced herein, constitute the entire and exclusive agreement between us, Licensor and you regarding the Website, and supersede and replace any prior agreements between us and you regarding the Website.

Your Comments and Concerns

This Website is operated by Joe Goodell & Gary VanCleef. All notices of copyright infringement claims as well as other feedback, comments, requests for technical support and other communications relating to the Website should be directed to productsupport@rentpath.com.

Thank you for visiting the Website.

These Terms of Use were last modified on December 13, 2013.

Copyright ©2016 Joe Goodell & Gary VanCleef. All rights reserved.

The Wellington

4312 North Holland-Sylvania Road, Toledo, Ohio 43623

567-318-3792