Elias Properties Management, Inc. welcomes you to the www.eliasproperties.com website.
Agreement to Terms
When using Elias Properties’ website, you agree to the terms and conditions listed on this page which we may update from time to time without notice to you (the “Terms and Conditions”). You can read the most current version of these Terms and Conditions at www.eliasproperties.com/Privacypolicy.
User Conduct
Our website contains robot exclusion headers. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to Elias Properties by third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our website for any purpose without our express written permission. Additionally, you agree that you will not:
- take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce modify, create derivative works from, distribute or publicly display any content (except for your information) from our website without the prior express written permission of Elias Properties and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of our website or any activities conducted on our website; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our website.
Modification of Terms
We may modify these Terms and Conditions at any time, for any reason, with or without notice. Elias Properties will not be liable to any user or third party for any modification of these terms and conditions.
Proprietary Rights of Elias Properties and its Vendors
The user acknowledges and agrees that Elias Properties’ website and any necessary software used in a connection with our website is the work of Elias Properties and/or its vendors which contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Elias Properties hereby grants to the user, a personal, non-transferable license to use the software for viewing and otherwise using Elias Properties’ website in accordance with these Terms and Conditions, and for no other purpose, provided that the user keeps intact all copyright and other proprietary notices. All such software is owned by Elias Properties and/or its vendors and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of such software is expressly prohibited by law, and may result in severe civil and criminal penalties.
The user further acknowledges and agrees that the content, graphics and information contained in, or information presented to the user through, Elias Properties’ website is owned by or licensed to Elias Properties (“Elias Properties Information”), and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Elias Properties, the user agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Elias Properties’ website.
Revision, republication, and re-use of the Elias Properties Information or its website on-line for any purpose is prohibited in whole or in part. The materials from our website including, but not limited to, the Elias Properties Information may be used solely for limited non-commercial informational purposes only as necessary to do, or to evaluate doing, business with Elias Properties.
Except for making one hard copy print of limited portions of the Elias Properties Information on an ad hoc basis for private use, or downloading as may be expressly authorized by Elias Properties, the Elias Properties Information may not be reproduced, licensed, copied, displayed, published, sold, modified, transmitted or distributed without Elias Properties’ express permission. Any other uses of our website and/or the Elias Properties Information is strictly prohibited. Linking to this website is prohibited unless Elias Properties expressly consents in writing to such a link.
Any person or entity wishing to establish a link to our website or request Elias Properties’ consent to other uses of this website or Elias Properties Information, may send their request by e-mail to Elias Properties at info@eliasproperties.com.
Among the trademarks and service marks owned by Elias Properties are “Elias the logo, and others. Any use of Elias Properties’ marks requires prior approval in writing by Elias Properties. The “look and feel” of Elias Properties’ website is also protected by Elias Properties, including color combinations, buttons, layout, and other graphic elements.
Other Sites
Our website may contain links and pointers to other websites. We have no control over the content of those sites and can make no guarantee as to their actual existence, the accuracy or currency of the information in those websites, the quality of the information or other content of those sites, or the trustworthiness of the operators of those sites. Furthermore, our website may from time to time provide links to sites containing content that is objectionable, or otherwise undesirable to some people and we take no responsibility for them.
We may offer space and/or links on our website to advertisers and merchants. Elias Properties in no way endorses or vouches for advertisers or merchants, their products and services, or their advertising claims. Any correspondences, business dealings, or other interaction between the user and any advertiser or merchant found, linked, or pointed to, from our website, including, but not limited to, payment and delivery of goods and services, terms and conditions, warranties, or participation in promotions, are solely between the user and the advertiser or merchant. Elias Properties is not responsible or liable for loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of, or links to, such advertisers or merchants on our website.
Disclaimer of Warranties
ELIAS PROPERTIES’ WEBSITE IS PROVIDED “AS IS”. THE USER UNDERSTANDS AND EXPRESSLY AGREES THAT USE OF ELIAS PROPERTIES’ WEBSITE IS AT THE USER’S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED, OR TRANSACTIONS ENTERED INTO, THROUGH THE USE OF ELIAS PROPERTIES’ WEBSITE IS AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA, OR DAMAGES RESULTING FROM ANY SITE VISIT.
DESCRIPTIONS OF PROPERTIES ON OUR WEBSITE ARE FOR GENERAL INFORMATION PURPOSES ONLY. ELIAS PROPERTIES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION ON OUR WEBSITE REGARDING OUR PROPERTIES. FOR COMPLETE INFORMATION ABOUT OUR PROPERTIES YOU MAY CONTACT US AS PROVIDED IN THE “CONTACT US” SECTION OF OUR WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM ELIAS PROPERTIES OR THROUGH OR FROM OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, ELIAS PROPERTIES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED ON OR THROUGH OUR WEBSITE OR THAT OUR WEBSITE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
ELIAS PROPERTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF OR THE INABILITY TO USE OUR WEBSITE AND/OR WEB SERVICES, RESULTING FROM ANY DATA OR INFORMATION OBTAINED THROUGH OR USING OUR WEBSITE, RESULTING FROM LOSS OF UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA, RESULTING FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ELIAS PROPERTIES’ WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.
The
user agrees to indemnify, defend and hold harmless Elias Properties,
its affiliates, shareholders, officers, directors, employees,
consultants and agents from any and all third party claims, liability,
damages and/or costs (including, but not limited to, attorneys fees and
expenses) arising from the user’s use of Elias Properties’ website, the
user’s violation of these Terms and Conditions, or the user’s
infringement of any intellectual property or other right of any person
or entity.
Personal Use
The Elias Properties’ website is for the user’s personal use. The user agrees not to reproduce, duplicate, copy, sell, resell, license, publish, create derivative works from, or exploit for any commercial purposes, any portion of Elias Properties’ website, or use of the website, or access to the website.
General Conditions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or the user’s actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these terms will continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Elias Properties. The user agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
To report violations of these terms by any user of our website, please contact us info@eliasproperties.com.