TERMS AND CONDITIONS
Legal Statement
Please read these terms of use carefully before continuing on with your use of this website. These terms govern all use of the website. The terms are meant to protect all of our website users and your use of this website signifies your agreement with these terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE. Irwin R. Rose and Company ("The Company") reserves the right, in its sole discretion, to modify, alter or otherwise update these terms at any time. Such modification shall be effective immediately upon posting. By using this website after we have posted notice of such modifications, alterations or updates, you agree to be bound by such revised terms. If you violate these terms, your permission to use our website immediately terminates without the necessity of any notice. The Company retains the right to deny access to anyone at its discretion for any reason, including, without limitation, for violation of these terms.
General Use
The Company offers you access to the website solely for your personal and non-commercial uses. It is hereby agreed that you will not use The Company website, in whole or in part, for any purposes unlawful or prohibited by these terms of use or any purposes other than those that are personal and non-commercial. You hereby agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, use on any other website, transfer or sell any information, list of users, databases or other lists, or services provided through or obtained from The Company website. This means, among other activities, that you agree not to engage in the practice of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or any other information. You agree that you will not use The Company website in any manner which could damage, disable, overburden, or impair The Company website or interfere with any other user's use and enjoyment of The Company website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The Company website.
Accurate Information
You will provide accurate and current information on all forms provided to The Company . You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity.
Disclaimer of Warranties and Liability
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE UNITED STATES LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT OR SERVICE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER THE COMPANY, NOR ITS AFFILIATED OR RELATED ENTITIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.
Indemnification
You agree to indemnify, defend and hold harmless, The Company and its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including, reasonable attorney fees, resulting from any violation by you of these terms.
Third Party Rights
These terms are for the benefit of The Company and its officers, directors, employees, affiliates, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce these terms directly against you on its or their own behalf.
Jurisdictional Issues
Unless otherwise specified, the content obtained in this website is presented solely for your convenience and/or information. This website is controlled and operated by The Company from its offices in Indianapolis, Indiana. The Company makes no representation that content in its website is appropriate or available for use at all locations. Those who choose to access this website from other locations, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These terms shall be governed by, construed and enforced in accordance with the laws of the State of Indiana, as they are applicable to agreements entered into and to be performed entirely within such State. Any action you, any third party or The Company brings to enforce these terms, or in connection with any matters relating to this website, shall be brought only in either the state or Federal courts located in Indianapolis, Indiana, and you expressly consent to the jurisdiction of such courts. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
PRIVACY POLICY
We at Irwin R. Rose and Company (referred to as "The Company") recognize the importance of protecting the privacy of individual-specific information collected about our website users. This Privacy Policy discloses what information we gather, and how we use it. It is our intention to give you as much control as possible over your privacy in regard to your information and the use we make of it in the course of our business. The Company does not sell, rent, loan or transfer any personal information regarding our website users to any unrelated third parties. Any information you give us about yourself is held with the utmost care and security and will not be used in ways to which you have not consented.
Optional Services
Information is collected by specifically requesting it from you. Generally, this occurs when you request information or a service. Usually, The Company uses your information to operate the website and deliver its services. For example, if you submit a Reservation Deposit for a unit, such information will be forwarded to the applicable property.
Usage Tracking
The Company collects IP addresses for the purpose of system administration and to audit the use of our website. When users request pages from The Company, our servers log the user's IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that we log a user session, but the user remains anonymous to us. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our terms of service or to protect our service, site, users or others. The Company does not make use of cookies.
Sharing of Information
As a general rule, The Company will not disclose any personal information except when we have your permission or under special circumstances. We may disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating The Company's terms of service or may be causing injury to or interference with (either intentionally or unintentionally) The Company's rights or property, other users of the website or anyone else that could be harmed by such activities. The Company may disclose or access account information when we believe in good faith the law requires and for administrative and other purposes that we deem necessary to maintain, service and improve our services.
Security
The importance of security for all information associated with our users is of utmost concern to us. We exercise great care in providing secure transmission for your information from your computer to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be one hundred percent (100%) secure. As a result, while we strive to protect your information, The Company can't insure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, The Company uses industry standard efforts to safeguard the confidentiality of your information. However, "perfect security" does not exist on the Internet.
By using this website, you signify your agreement to The Company's Privacy Policy. If you do not agree with this Privacy Policy, please do not use this website. Your continued use of The Company's website following the posting of changes to this Privacy Policy will mean you accept those changes.
Contacting Us
If you have any concerns about our privacy practices, contact us at:
Irwin Rose and Company
P.O. Box 40879
Indianapolis, IN 46240-0879
Attention: Web Administrator
