1. Website Terms of Use
A Website Terms of Use sets forth the general terms that apply to use of the Site, disclaimers and other important information regarding information that is provided on the Site or that may be provided by the user. The Website Terms of Use for the Site is attached hereto as Exhibit A.
2. Privacy Policy
To the extent that Parkway22 collects personally identifiable information from an end user (e.g., name, address, phone number or email for further correspondence regarding the residences), the Site should also provide a privacy policy (the “Privacy Policy”). Unlike the Website Terms of Use, various state and federal laws require certain disclosures depending on the nature and extent of user information collection. The California Online Privacy Protection Act of 2003 (“OPPA”) is generally viewed as the most aggressive of these laws because it covers confidential and non-confidential consumer information. To comply with OPPA a privacy policy must be "conspicuously" posted on a commercial website that collects any personally identifiable information (“PII”) on California consumers. The law also requires companies to follow promises made in a posted privacy policy. Although the law is a California statute, it has been construed by California courts to affect any website that can be viewed by California consumers; in other words, every company with a commercial website or online service. OPPA imposes specific requirements concerning both the form and the content of a website privacy policy.
(a) Placement
The actual text of the Privacy Policy must appear or be accessible through a hyperlink, text link or other function link on the homepage or the first major page after entering the Site, and should be accessible from all other pages located at the Site. Icons used as hyperlinks on the homepage must include the word "privacy" and use a color that contrasts with the background color of the page. Text links must either include the word "privacy,” be written in capital letters equal to or greater in size than the surrounding text, or be written in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language.
(b) Content
To comply with OPPA, Parkway22’s Privacy Policy must identify the categories of PII that will be collected through the Site, including first and last name, street address, email address, telephone number or any other identifier by which a person can be contacted physically or online and the categories of third parties with whom this personal information may be shared. It must describe a process by which consumers can review or request changes to their personal information, if any such process exists. It must describe a process used to notify consumers of any changes to the Privacy Policy. Finally, the Privacy Policy must state the effective date of the Privacy Policy, which must be updated each time the Privacy Policy is changed.
If Parkway22 intends to change the functionality or features of the Site, for example to add features such as chat rooms, blogs or bulletin boards, additional information should be included in the Privacy Policy. The Privacy Policy for the Site is attached hereto as Exhibit B.
3. Copyright Statement
A copyright statement puts the users of the Site on notice that the content contained on the Site is copyrighted and may not be used in an unauthorized manner. A statement regarding use of copyrights and trademarks is included in the Website Terms of Use attached hereto as Exhibit A. The copyright statement for the Site is attached hereto as Exhibit C.
4. Real Estate Disclosures
(a) State Registration Disclosure
A State Registration Disclosure is attached hereto as Exhibit D.
(b) Fair Housing Act Disclosure
Under the Fair Housing Act (“FHA”) additional disclaimer language is required. The Equal Housing Opportunity Logo (the “HUD Logo”) should be included on every webpage. The HUD Logo and FHA language are attached hereto as Exhibit E, Exhibit F.
PARKWAY22 WEBSITE TERMS OF USE
By accessing and using Parkway22’s website, www.parkway22.com (this “Website”), and the materials and information contained therein, You agree to be bound by the following terms and conditions governing the use of this Website. Parkway22 may modify this Website (including these Website Terms of Use and the Privacy Policy) at its sole discretion, from time to time.
Use of this Website
This Website may not be used for any fraudulent or unlawful purpose, and no automatic device or manual process should be used to monitor or copy the contents of this Website.
Proprietary Information
As between You and Parkway22, all contents of this Website, its appearance and its look and feel are owned by Parkway22 unless otherwise expressly indicated in this Website. You are prohibited from reproducing, adapting, modifying, distributing, transmitting, publishing, displaying, selling, or creating derivative works or using the contents of this Website for any purpose without the express prior written authorization of Parkway22.
Any Parkway22 trademarks, trade dress, service marks or trade names that appear on this Website or are referenced on this Website are the property of Parkway22 and no license or other right to use such marks, names or dress shall be deemed given without the express written permission of Parkway22.
User Supplied Content
You understand and acknowledge that You are solely responsible for all information, data, text, or other materials or other content that You provide to Parkway22 via this Website and Parkway22 is not responsible or liable for this information.
Links
This Website may contain links to other third party websites or resources. Parkway22 has no control over these websites or the content contained therein. You agree and acknowledge that Parkway22 is not responsible or liable for any content or related materials contained on any of these third party websites.
No Warranty
THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE ARE PROVIDED “AS IS” AND TO THE EXTENT LEGALLY POSSIBLE, PARKWAY22 (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIVES) HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES RELATED TO CONDITION OF TITLE. PARKWAY22 EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THIS WEBSITE AND FOR ANY DOWNTIME EXPERIENCED ON THIS WEBSITE.
Use by United States Residents
This Website has been published in the United States for residents of the United States only. You agree to use this Website in accordance with all federal, state, and local laws and the terms of conditions contained herein. This Website is not intended for use by, or to provide any information to, users outside of the United States, and any such users should not rely on any information appearing on this Website.
Limitation of Liability
Parkway22, and any of its officers, directors, employees and agents shall not be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, on any theory of liability arising out of or in connection with the use of this Website.
Indemnification
You agree to indemnify, defend, release, and hold Parkway22 and any of its officers, directors, employees and agents harmless against all claims, losses, expenses, damages and costs (including attorneys fees) connected to Your use of this Website or access by others of this Website under Your authority or control.
No Solicitation
This project and the information contained herein do not constitute an offer to purchase or lease real estate. This Website is designed to provide general information about Parkway22. Information on this Website is not intended to constitute and does not constitute an offer to sell or a solicitation of any particular residence, product or service contained herein. Nothing herein shall constitute an offer to sell, or solicitation of offers to buy, in states where such offers or solicitations cannot be made.
Privacy
The Parkway22 Privacy Policy, found here [Exhibit B] applies to use of this Website, and its terms are made part of these Website Terms of Use and are incorporated by reference.
Disclaimers
Parkway22 is pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin. [Exhibit E, Exhibit F.]
Parkway22 intends that the descriptions, drawings, renderings, graphic materials and site plans contained on this Website are accurate, however, Parkway22 makes no warranty or representation that descriptions of products and/or services on this Website are accurate, complete, current or reliable. Further, Parkway22 acknowledges that the project described herein is not yet under construction and Parkway22 reserves the right to modify, revise, alter or withdraw any of the proposed development plans contained herein without prior notice and within Parkway22’s sole discretion. The depictions contained herein are provided for illustrative purposes only and all information, including but not limited to any pricing information, specifications or plans contained on this Website are subject to change without prior notice.
EXHIBIT B
PRIVACY POLICY
Why and how do we collect personal information?
How do we disclose personal information?
How do we protect personal information?
Other things you should know about our commitment to privacy.
Parkway22 respects the privacy of visitors to this Website and strives to maintain the privacy and security of our visitors’ personal information. At times, we may ask you to provide information about yourself in order to better serve you. We encourage you to read this Privacy Policy in full to learn how we treat your personal information while visiting this Website and we encourage you to check back regularly for any updates.
Why and how do we collect personal information?
We collect personal information in various ways to better serve you. The personal information we collect may include your name, address, e-mail address, phone number and other relevant data that will better allow us to provide information relevant to your specific need or inquiry. We generally do not require this information to obtain access this Website, but might ask you for this information when you correspond with us or request additional information. This information allows us to process your request correctly and to respond appropriately to your communications.
We also use information we collect for our internal purposes, in an aggregated form, to measure number of visits, average time spent on this Website, pages viewed and other relevant statistics. We collect this information to measure the use of this Website and to improve the content and processes of this Website.
When you place a request on this Website, this Website uses temporary cookies during the request process. A cookie is a small string of text that a website can send to your browser. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses or capture your email address. Currently, we only use cookies to keep track of selections you make for information from this Website. These cookies are automatically deleted when your browser is closed.
How do we disclose personal information?
If you choose to submit information to us regarding any content contained on this Website, we may distribute this information, only as necessary, for purposes related to our products and services. While we endeavor to maintain the confidentiality of all material submitted that is marked as confidential by the submitter, we cannot accept, and hereby expressly disclaim any liability from losses relating to the unauthorized disclosure or interception via the Internet of any information that you submit.
At times we may be required by law or legal process to disclose your personal information. We may also disclose information about you if we believe that disclosure is necessary for the public interest. We will endeavor to ask for and obtain your permission before sharing your information with anyone, unless we believe in good faith disclosure is necessary for the public interest or required by law.
How do we protect personal information?
Parkway22 takes physical, electronic and managerial precautions in our effort to secure against unauthorized access and use of any data you send us. We urge you to take every precaution to protect your personal information any time you are on the Internet by changing any passwords often, using a combination of letters and numbers and making sure you use a secure browser, among other measures.
Other things you should know about our commitment to privacy.
This Website may contain links to other websites, and we cannot accept and are not responsible for maintaining your privacy once you leave this Website. When you click on any links or banners on this Website that take you to third-party websites, you will be subject to the third parties' privacy policies. We encourage you to read the posted privacy statement of any and every website you visit, whether you are linking from this Website or browsing on your own.
Parkway22 does not knowingly solicit personal information from children or individuals under 18 years of age or send requests for personal information to those under the age of 18. Please ensure that you do not allow those under the age of 18 to submit any personal information without your permission.
If you wish to verify any voluntary information collected about you, or if you wish to be removed from our database, please contact a Parkway22 representative at 215.988.9806 or email at sales@parkway22.com.
Parkway22 reserves the right to modify or amend this Privacy Policy at any time by posting the revised Privacy Policy on this Website. The changes will only affect the information we collect after the date of the change to our Privacy Policy.
If we are going to use your personal information in a way that is different from the Privacy Policy at the time of collection, we will try to contact you via email using the most recent information we have. If you have not given us permission to communicate with you, you will not be contacted, and we will not use your personal information in the new manner.
This Privacy Policy was last updated February 11, 2008.
EXHIBIT D
STATE REGISTRATION DISCLOSURE
This Website does not constitute an offer to sell or the solicitation of an offer to purchase to residents of the State of New York or any other states in which registration or qualification is required but not yet complete.
EXHIBIT F
We are pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.