Topaz House Terms of Use
Acceptance of Terms of Use The Topaz House tenant portal (the “Portal) is offered to you conditioned on your acceptance of the terms, conditions and notices contained herein (the “Terms”). By using the Portal you agree to these Terms. If you are not a Tenant or authorized employee of Topaz House, any use by you of the Portal is prohibited. Description of Service The Portal provides Topaz House tenants and authorized Topaz House employees’ with access to information for electronic payments, maintenance requests and deliveries of documents and communications for their account only (the “Services”). The information, documents and communications on the portal are provided as a convenient resource to Tenants and may be used only for their account. User Password and Security Use of the Portal and its related services requires the use of a password and a user name. The confidentiality of your password and account is your responsibility. Any activities that occur under your account are your responsibility. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. It is prohibited to use anyone else’s account without the express permission of that account holder. Indemnification You agree to indemnify and hold harmless Topaz House and its employees, representatives, agents, and suppliers against any claim, suit, action, or other proceeding brought by a third party. This indemnification applies to the extent that such claim, suit, action, or other proceeding is brought against Topaz House its employees, representatives, agents, and suppliers based on or arising in connection with your use of the Portal. You agree to pay any and all costs, damages, and expenses arising from or in connection to any such claim, suit, action, or proceeding. Topaz House will not be liable for any damage or loss arising from your failure to comply with these Terms. Accuracy of Content and Liability Disclaimer Topaz House will strive to use reasonable efforts to include accurate and updated information on the portal; HOWEVER, YOU UNDERSTAND AND AGREE THAT TOPAZ HOUSE IS UNDER NO OBLIGATION TO DO SO AND TOPAZ HOUSE MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUSTAINABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, DOCUMENTS AND COMMUNICATIONS CONTAINED ON THE PORTAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, DOCUMENTS AND COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOPAZ HOUSE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, DOCUMENTS AND COMMUNICATIONS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOPAZ HOUSE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR THE PERFORMANCE OF THE PORTAL, WITH THE DELAY OR INABILITY TO USE THE PORTAL OR RELATED SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOPAZ HOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATES DO NOT PERMIT THESE TYPES OF LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PORTAL, INFORMATION, DOCUMENTS OR COMMUNICATIONS ON THE PORTAL, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE PORTAL AND THE INFORMATION, DOCUMENTS OR COMMUNICATIONS YOU OBTAINED FROM THE PORTAL. DESPITE THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO FIFTY US DOLLARS ($50). Intellectual Property The portal and all portal design (including but not limited to text, content, photographs, video, audio, interfaces, graphics, and the selection and arrangement thereof) is protected by patents, copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the US and other countries. You agree to honor all applicable patents, trademark, and copyright and other laws. Any use of materials on the portal, other than as permitted by agreement (including reproduction, modification, distribution, or republication) without prior written permission of Topaz House, is prohibited. Changes to Terms and Conditions of Use Topaz House may at any time modify the terms and conditions under which the Portal is offered by updating this posting. You are bound to any such modifications and should therefore periodically visit this page to review the then-current terms and conditions to which you are bound. No Unlawful or Prohibited Use You are prohibited from using the Portal to damage, disable, or overburden the Portal servers or network or impair the Portal or interfere with any other party’s use of the Portal. Hacking, password mining or any other means to gain unauthorized access to the Portal, portal accounts, computers or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited. Topaz House will fully cooperate with any law enforcement authorities or court order requesting or directing this firm to disclose the identity of anyone posting any such information and materials. Jurisdiction and Governing Law You irrevocably agree that all actions or proceedings arising out of, from or related to these Terms shall be litigated in local, state or federal court having situs within the State of Maryland. You further hereby consent and submit to the jurisdiction of any local, state or federal courts located within said state and hereby waive any right to transfer or change the venue of any such litigation. Consent Representations and Warranties By using and accessing the Portal, You represent and warrant that You have read, acknowledge, and agree to be bound by these Terms.