Terms of Use

Version Dated: 15 April 2019

By using the Caydon Property Group website accessible via https://caydonproperty.com/us/ (the “Website”), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://caydonproperty.com/us/about/privacy-policy-usa, which is incorporated herein by reference.

 

1.            Acceptance of the Terms of Use

These terms of use are entered into by and between You and Caydon USA Services, LLC (“Company”, “we” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of this Website, including any content, functionality and services offered on or through it.

Please read the Terms of Use carefully before you access the Website. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

The Website is offered and available to users who are 13 years of age or older. By using this Website, you agree to be bound by these Terms of Use and represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you are not permitted to use this Website and you must not access or use the Website.

 

2.            Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and shall be effective as to any visitor who has visited our Website before the change was made. The Terms of Use currently posted on the Website supersedes all previous versions of the Terms of Use. If you do not or cannot agree to the Terms of Use currently posted on the Website, your only option is to cease all use and access of the Website. The date the Terms of Use was last revised is identified at the top of the page.

 

 

3.            Acceptance by Continued Use

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

 

4.            Accessing the Website

We reserve the right to withdraw or amend this Website, and any information or services we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access certain resources offered by or through this Website, including newsletters and other information, you may be asked to provide specific information. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, or in the event you register as an “agent” on the Website, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also 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 in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

5.            Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all services, materials, templates, information, data, software, text, displays, pictures, images, video and audio, and the design, selection and arrangement thereof) that are displayed, used, or otherwise incorporated into the Website (“Website Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Website Content without the written permission of the Company or such other party that may own the Website Content. All Trademarks on the Website, including the Company’s logos, are owned exclusively by the Company and various third parties.  The Company’s name, logos, designs, slogans proprietary marks and all related product and service names are trademarks, service marks, or trade dresses (“Trademarks”) of the Company or its Affiliates or licensors.

 

6.            License to Use

The Company grants you a limited, personal, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable license (“License”) to access and use the Website Content for your personal, informational, and non-commercial use only.

You may not:

(a)          access or use the Website Content for any commercial purposes;

(b)          provide any other person with access to any part of the Website or Website Content, including by printing, copying, modifying, downloading, or any other means of using or accessing the Website or Website Content;

(c)           remove any Trademarks, copyright notices, or any other proprietary rights notices contained in any Website Content;

(d)          reproduce, distribute, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, modify, create derivative works of, publicly display, publicly perform, publish, republish, download (other than page caching), store or transmit any of the Website Content, except as follows:

(i)            Your computer may temporarily store copies of such materials in temporary storage incidental to your accessing and viewing those materials.

(ii)           You may store files that are automatically cached by your Web browser for display enhancement purposes.

(iii)          Without removing any Trademarks, copyright notices, or any other proprietary rights notices or making any other modification to the Website Content, you may print or download one copy of a reasonable number of pages of the Website Content for your own personal, non-commercial use and not for further reproduction, publication or distribution.

(e)          disassemble, decompile or reverse engineer any of the Website Content, even where otherwise permitted by Governing Law;

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. We reserve the right to revoke your License, at any time and for any purpose, in our sole discretion and without any notice to you. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Any breach of these Terms of Use immediately revokes your License and terminates your right to use the Website and Website Content, and you must destroy any copies of the Website Content in your possession, or at our option, return the same.

 

7.            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:

(a)          in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

(b)          for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

(c)           to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation;

(d)          to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or

(e)          to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

(f)           use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

(g)          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;

(h)          use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;

(i)            use any device, software or routine that interferes with the proper working of the Website;

(j)           introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

(k)          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;

(l)            attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

(m)         attempt to hack any portion of the Website, or to defeat or overcome any encryption technology or security measures;

(n)          otherwise attempt to interfere with the proper working of the Website.

 

8.            Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, and it should not be relied on as a substitute for legal, financial, real estate or other expert advice or as a basis for any decision you make concerning any featured property. You must make your own enquiries to verify the information before acting on it; including material on property particulars. Some of the images contained on this website are indicative only. You must not rely on these images for any reason. The information is subject to change at any time without notice. Any reliance you place on such information is strictly at your own risk.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

9.            Website Content not Necessarily Up-to-Date

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

10.          Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

11.          Linking to the Website

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.

Subject to the foregoing, you may not:

(a)          cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;

(b)          link to any part of the Website other than the homepage; or

(c)           otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any such unauthorized framing or linking immediately to cease. We reserve the right to revoke your License, withdraw linking permission, or disable any links at any time without notice to you.

 

12.          Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

13.          Geographic Restrictions

The owner of the Website is based in the state of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. 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.

 

14.          Disclaimer of Warranties

You understand that we cannot and 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 implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

THE COMPANY WILL NOT BE LIABLE FOR, AND YOU HEREBY WAIVE ANY SUITS, CLAIMS, OR PROCEEDINGS ARISING FROM THE COMPANY’S NEGLIGENCE OR GROSS NEGLIGENCE RESULTING IN ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Your use of the Website, its content and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company 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 Company nor anyone associated with the Company represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our 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.

THE COMPANY HEREBY 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 which cannot be excluded or limited under applicable law.

 

15.          Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, MANAGERS, 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, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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 OR GROSS NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE COMPANY’S MAXIMUM AGGREGATE LIABILTY TO YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE IS $100.00.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

16.          Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR PAST, PRESENT, AND FUTURE RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, AWARDS, LOSSES, COSTS, INCLUDING EXPENSES, DISBURSEMENTS, OR FEES (INCLUDING THOSE OF REASONABLE ATTORNEYS, EXPERTS, AND ACCOUNTANTS) ARISING OUT OF OR RELATING TO, OR ALLEGED TO ARISE OUT OF OR RELATE TO, YOUR FRAUD, VIOLATION OF LAW, NEGLIGENCE, WILLFUL MISCONDUCT, VIOLATION OF THESE TERMS OF USE, OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THE WEBSITE CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.

YOU MAY NOT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY.  COMPANY OR ITS AFFILIATES MAY ASSUME THE DEFENSE OF ANY CLAIM, AT YOUR SOLE COST AND EXPENSE, AND YOU SHALL COOPERATE IN ALL REASONABLE RESPECTS IN SUCH DEFENSE.  YOU SHALL HAVE THE RIGHT TO EMPLOY SEPARATE COUNSEL IN ANY CLAIM AND TO PARTICIPATE IN THE DEFENSE THEREOF.  IF COMPANY OR AFFILIATES DO NOT NOTIFY YOU THAT IT ELECTS TO UNDERTAKE THE DEFENSE THEREOF, YOU SHALL HAVE THE RIGHT TO DEFEND THE CLAIM WITH COUNSEL REASONABLY ACCEPTABLE TO COMPANY OR ITS AFFILIATES, SUBJECT TO THE RIGHT OF COMPANY OR ITS AFFILIATES TO ASSUME, AT YOUR SOLE COST AND EXPENSE, THE DEFENSE OF ANY CLAIM AT ANY TIME PRIOR TO THE SETTLEMENT OR FINAL DETERMINATION THEREOF.

 

17.          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 Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) (“Governing Law”).

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 Texas in each case located in the City of Dallas and County of Dallas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

18.          Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

 

19.          Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

20.          Assignability

We may assign these Terms of Use and its rights and obligations hereunder to an affiliate or, in the event of a merger or acquisition of Company or the sale of substantially all of our assets related to the Website, to the surviving or successor entity.  You may not assign these Terms of Use or the rights and obligations hereunder without Company’s prior written consent. 

 

21.          Waiver and Severability

No waiver of by the Company of any term or condition set forth 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 Company 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.

 

22.          Survivability

Sections 10, 11, 13-24 shall survive any termination of these Terms of Use.

 

23.          Miscellaneous

The waiver or failure of the Company to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms.  Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms.  No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. 

 

24.          Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

25.          Your Comments and Concerns

This Website is operated by Caydon USA Services LLC.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@caydonusa.com