ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend these Website/Apps, and any services we provide on the Website/Apps, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website/Apps, is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website/Apps, or the entire Website/Apps, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website/Apps (e.g., use of your browser, computer, mobile phone).
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, 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/Apps, or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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.
INTELLECTUAL PROPERTY RIGHTS
The Website/Apps, and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Heyday Properties, 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.
- Your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution, except as may be set forth in the dealer agreement (if applicable).
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, except with prior written consent of Heyday Properties.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Except as permitted by prior written agreement by Heyday Properties, you must not access or use for any commercial purposes any part of the Website and/or Mobile App, or any services or materials available through the Website and/or Mobile App.
If you wish to make any use of material on the Website other than that set out in this section, please contact us by any means set forth in Section 22 below.
The Heyday Properties name, the terms ‘Heyday Properties’ and all related names, logos, service names, designs and slogans are trademarks of Heyday Properties or its affiliates or licensors. You must not use such marks without the prior written permission of Heyday Properties. All other names, logos, service names, designs and slogans on this Website/Apps, are the trademarks of their respective owners.
- 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).
- 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.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Heyday Properties, a Heyday Properties employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website/Apps, or which, as determined by us, may harm Heyday Properties or users of the Website/Apps, or expose them to liability.
Additionally, you agree not to:
- Use the Website/Apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website/Apps, including their ability to engage in real time activities through the Website/Apps.
- Use any robot, spider or other automatic device, process or means to access the Website/Apps for any purpose, including monitoring or copying any of the material on the Website/Apps.
- Use any manual process to monitor or copy any of the material on the Website/Apps or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website/Apps.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website/Apps, the server on which the Website/Apps is stored, or any server, computer or database connected to the Website/Apps.
- Attack the Website/Apps via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website/Apps.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website/Apps.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website/Apps. YOU WAIVE AND HOLD HARMLESS Heyday Properties AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Heyday Properties OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Heyday Properties OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website/Apps and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe that the Website/Apps content violates or infringes upon yours or a third party’s intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately by any means set forth in Section 22 below with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website/Apps is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website/Apps, or by anyone who may be informed of any of its contents.
This Website/Apps includes content provided by third parties, including materials provided by other users and third-party licensors. 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 Heyday Properties, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Heyday Properties. 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.
CHANGES TO THE WEBSITE/APPS
We may update the content on this Website/Apps from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website/Apps may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE/APPS
OTHER TERMS AND CONDITIONS
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
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.
This Website/Apps may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website/Apps.
Send e-mails or other communications with certain content, or links to certain content, on this Website/Apps.
Cause limited portions of content on this Website/Apps to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any Website/Apps that is not owned by you.
Cause the Website/Apps 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.
Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties (other than our dealer portals, which are partially provided by a third-party service providers and content is partially provided by Heyday Properties and authorized users of such portals), 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.
The provider of the Website/Apps is located in the United States of America. We provide this Website/Apps for use by persons located in North America. We make no claims that the Website/Apps or any of its content is accessible or appropriate outside of North America. Access to the Website/Apps may not be legal by certain persons or in certain countries. If you access the Website/Apps from outside North America, you do so on your own initiative and are responsible for compliance with local laws.
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/Apps 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. WE WILL NOT BE LIABLE FOR 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/APPS OR ANY SERVICES OBTAINED THROUGH THE WEBSITE/APPS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE/APPS LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE/APPS, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE/APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Heyday Properties NOR ANY PERSON ASSOCIATED WITH Heyday Properties MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE/APPS. WITHOUT LIMITING THE FOREGOING, NEITHER Heyday Properties NOR ANYONE ASSOCIATED WITH Heyday Properties REPRESENTS OR WARRANTS THAT THE WEBSITE, THE MOBILE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APPS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE/APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APPS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Heyday Properties 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, TITLE AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL Heyday Properties, ITS AFFILIATES OR THEIR LICENSORS, 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), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
CHOICE OF LAW; DISPUTE PROCESS
LIMITATION ON TIME TO FILE CLAIMS
The United Nations Convention for the International Sale of Goods shall not apply.
Any rights or obligations hereunder may not be transferred or assigned by you without the prior written consent of Heyday Properties. Heyday Properties may freely assign and delegate any of its rights or obligations hereunder.
HOW TO CONTACT US