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.