Terms of Use
Acceptance of Terms.
This Website (this “Site”) and any mobile application (each, a “Mobile App“) is owned and operated by Trillist Investment Group, LLC and/or one or more of its subsidiaries, affiliates, related entities, or joint ventures (herein referred to as “TIG,” “Trillist,” the “Company,” “we,” “our” or “us“). The following terms and conditions (these “Terms and Conditions”), together with all all applicable laws and the terms of our Privacy Policy govern our branded websites, their subdomains, and all portals and applications (including any mobile application), products, services, events, and any interactive features or other services that post a link to these Terms and Conditions. By accessing and browsing this Site or participating in or using any service offered on this Site or through the Mobile Apps (collectively, the “Services“), you accept, without limitation or qualification, these Terms and Conditions.
All references to “you” or “your,” as applicable, mean the person that registers for, accesses, or uses the Services. If you use or access the Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual. You further represent and warrant that you are at least 16 years of age or visiting this Site under the supervision of a parent or guardian. This Site is not intended for those under the age of 16.
The content available on this Site is intended to be used only by residents of the United States.
These Terms and Conditions form a contract between you and TIG. If you do not agree to these Terms and Conditions, do not use the Site or the Services.
We may revise these Terms and Conditions at any time, and from time to time, by updating this posting. Your continued use of this Site is contingent upon your agreement to be bound by any such revisions. You can view the most current version of the Terms and Conditions at any time by visiting this Site. Please note that Websites launched by any affiliates, subsidiaries or divisions of Trillist may be governed by separate terms and conditions.
01
Consent to Electronic Communications.
By using our Site or the Services, you agree that we may communicate with you electronically regarding your use of the Site and the Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us through our Contact Us link which may be found on this Site.
Email communication is not secure and there is no guarantee that an email will be delivered within a reasonable time, or at all. We advise you to contact us by telephone with any information that must reach us by certain deadlines.
02
Passwords.
If you are a user who signs up for any or all Services, Trillist will create a personal account that includes a user name and password to access the Services and to receive messages from Trillist or its authorized agents and representatives. You agree to notify Trillist immediately of any unauthorized use of your password or account. Neither Trillist, nor any of its agents or representatives, will be responsible for any losses, damages, or liabilities arising from the unauthorized use of your user name, password, or account.
03
Use of Information on this Site.
Any use of this Site is for your personal use only. Trillist authorizes you to copy any portion of this Site that is not the property of third parties, provided that such use is for non-commercial purposes and only by you or a person within your organization. In consideration of this authorization, you agree that any copies of information obtained from this Site will retain all copyright and proprietary notices contained in them, and you agree that all artwork, including graphics and logos, may not be used separately from accompanying text as depicted in this Site. Any other use of materials contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication, without the written permission of Trillist is expressly prohibited.
04
Privacy Policy and Disclaimers.
Any and all personal information posted to this Site is subject to our Privacy Policy and Legal Disclaimers, both of which may be found on our Privacy Policy or Disclaimers links on the footer of this Site.
05
Minors.
This Site is directed toward and designed for use by persons aged 18 or older or the age of majority in the jurisdiction in which you reside. We will not approve applications of, or establish or maintain accounts for, any individual that we know to be under the age of 18.
06
User Conduct.
Links to other Websites contained in this Site are intended for informational purposes and your convenience only. Trillist has no control over such other Websites, makes no representations about such Websites, does not endorse such Websites and assumes no responsibility for any content or materials on or available from such Websites. This Site utilizes Google Map or like functionality in various sections of the desktop and mobile Websites to provide you with the ability to locate and obtain directions to our communities and nearby attractions. While utilizing these maps, you agree to Google’s or applicable company’s Terms of Use and Privacy Policies. At no time during the use of these maps does Trillist gain access to, collect or retain any of your personal or personally identifiable information, as further set out in our Privacy Policy.
07
No Resale of Services.
You will not duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services.
08
Modification of Services.
Trillist reserves the right to modify, suspend or discontinue all or a portion of the Services with or without notice. You agree that Trillist will not be liable to you for any modification, suspension or discontinuance of the Services.
09
Termination of Services.
Trillist reserves the right to terminate your use of the Services or your access to this Site, for any reason. Any termination pursuant to this provision may be without prior notice, and you agree that Trillist will not be liable to you for such termination.
10
Disclaimer of Warranties.
THIS SITE IS PROVIDED ON AN “AS IS” BASIS. TRILLIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE AND NON-INFRINGEMENT; (B) THE INFORMATION POSTED AT THIS SITE AND IN E-MAILS GENERATED FROM THIS SITE IS GIVEN AS OF THE CURRENT DATE, AND TRILLIST ASSUMES NO OBLIGATION TO UPDATE OR SUPPLEMENT THIS INFORMATION TO REFLECT ANY FACTS OR CIRCUMSTANCES WHICH MAY HEREAFTER COME TO ITS ATTENTION OR ANY CHANGES IN LAWS WHICH MAY HEREAFTER OCCUR; (C) TRILLIST MAKES NO WARRANTY THAT (I) THIS SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF THE INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THIS SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE OR THE SERVICES IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR RECEIPT OF ANY SUCH MATERIAL; (E) THE POSTING OF AVAILABLE RESIDENCES BY US DOES NOT GUARANTEE THAT A RESIDENCE WILL BE AVAILABLE AT THE TIME THE USER MAKES AN INQUIRY, NOR DOES IT GUARANTEE THAT PRICES WILL NOT CHANGE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE LISTS OF AVAILABLE RESIDENCES OR PRICES REMAIN ACCURATE. FURTHERMORE, INQUIRING ABOUT A RESIDENCE THROUGH THIS SITE OR THROUGH ANY OTHER MEANS DOES NOT MEAN THAT YOU ARE CONSIDERED AN APPLICANT OF A RESIDENCE. YOU ARE NOT CONSIDERED AN APPLICANT OF A RESIDENCE UNTIL YOU HAVE FILLED OUT AND RETURNED AN APPLICATION AND THAT APPLICATION HAS BEEN ACCEPTED BY OUR AUTHORIZED REPRESENTATIVES; AND (F) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRILLIST OR ANY OF ITS REPRESENTATIVES OR AGENTS, THIS SITE OR THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711). We make no guaranty of confidentiality or privacy of any communication or information transmitted on this Site or any web site linked to this Site. We will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the site, or otherwise connected with your use of the site.
11
Limitation of Liability.
TRILLIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, RELIANCE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DATA, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING OUT OF A CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SERVICES. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. You should check your local laws for any restrictions or limitations regarding these limitations or exclusions.
12
Governing Law and Consent to Jurisdiction.
Any dispute arising by virtue of your access to or use of this Site or the Services will be governed by Georgia law without giving effect to any rules of conflicts of law, and will be subject to the exclusive jurisdiction of the federal and state courts sitting in or for the County of Fulton, Georgia, USA.
13
Intellectual Property Rights.
Certain trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Trillist or others. No license or right to use any trademark or service mark contained on this Site is granted, whether by implication or otherwise, and any use of any trademark or service mark contained on this Site is expressly prohibited unless authorized in writing by the trademark or service mark holder, which authorization may be granted or withheld in Trillist’s sole discretion.
14
Contact Information.
Any questions regarding these Terms and Conditions should be sent to us through our Contact Us link which may be found on this Site.
15
Assignment.
Trillist may assign or delegate these Terms and Conditions or our Privacy Policy, in whole or in part, to any individual or entity at any time and from time to time with or without your consent. You may not assign or delegate any rights or obligations under these Terms and Conditions or our Privacy Policy without Trillist’s prior written consent, and any unauthorized assignment or delegation by you will be void.
16
General Information.
- These Terms and Conditions constitute the entire agreement between you and Trillist and govern your use of this Site and the Services.
- The failure of Trillist to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions of these Terms and Conditions will remain in full force and effect.
- You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose.
- The section headings are for convenience only and have no legal or contractual effect.