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Terms of Use

The www.jmgrealty.com website (the “Website”) is being offered to you by JMG Realty, Inc. (“JMG Realty”) and is conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Please read these Terms carefully before accessing, viewing or using this Website. Your use of this Website constitutes your acceptance to these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

JMG Realty reserves the right to modify the Terms at any time in its sole discretion. You are bound by the Terms in effect on the date of your visit.

PRIVACY

Your use of the Website is subject to JMG Realty’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to JMG Realty is considered electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. 

INTELLECTUAL PROPERTY

You are granted a limited, non-exclusive, non-transferable, revocable license to access, view and use the Website strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to JMG Realty that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party’s use of the Website. You may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Website.

All content included in this Website such as text, graphics, logos, images, data, documents, video or audio clips, as well as the compilation thereof, and any software used on this Website, is the property of JMG Realty or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not sub-license, modify, duplicate, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. JMG Realty content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for personal use, and make no other use of the content without the express written consent of JMG Realty and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of JMG Realty or our licencors except as expressly authorized by these Terms.

ACCESS

Access to certain areas of the Website may be restricted. JMG Realty reserves the right to restrict access to any area of this Website, or indeed this entire website, at JMG Realty’s discretion. You shall not bypass, disable or otherwise interfere with any security related features of the Website or features that prevent or restrict use or copying of any content or materials or third party content or materials or enforce limitations on use of the Website or any such content therein.

If JMG Realty provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you are responsible for maintaining the confidentiality of your account, user ID and password and for restriction access to your computer and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that JMG Realty is not responsible for third party access to your account that results from theft or misappropriation of your account. JMG Realty reserves the right to refuse or cancel service, terminate accounts, disable your user ID or password or remove or edit content in its sole discretion without notice or explanation.

LINKS TO THIRD PARTY SITES

This Website may contain links to other websites that are not affiliated with JMG Realty (“Linked Sites”). The Linked Sites are not under the control of JMG Realty and JMG Realty is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. JMG Realty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or recommendation by JMG Realty of the Linked Site or any association with its operators. Furthermore, JMG Realty expressly disclaims any and all liability in connection with Linked Sites. If you use these links, you do so at your own risk and you may leave this Website.

WARRANTY DISCLAIMER

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED AS TO THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JMG REALTY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (INCLUDING WARRANTIES ORALLY MADE) WITH REGARD TO THE INFORMATION, CONTENT, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. JMG REALTY MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE WILL BE ONGOING, UNINTERRUPTED, ACCURATE, ERROR FREE, VIRUS OR CONTAMINATION FREE, SECURE, OR TIMELY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND THEREFORE SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU. 

IF ANY PROVISION OF THIS DISCLAIMER IS, OR FOUND TO BE, UNENFORCEABLE UNDER APPLICABLE LAW, THAT WILL NOT AFFECT THE ENFORSEABILITY OF THE OTHER PROVISIONS OF THIS DISCLAIMER.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JMG REALTY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES, WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, PERSONAL INJURY, PROPERTY DAMAGE OR DEATH, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE VIEWING, ACCESS, USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE ACCESS OR USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE EVEN IF JMG REALTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN ARE REASONABLE. IF YOU ARE NOT SATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE AGGREGATE LIABILITY OF JMG REALTY EXCEED TWO HUNDRED DOLLARS ($200.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless JMG Realty, its owner, officers, directors, employees, agents, operators, licencors, suppliers and third parties, for any and all claims, causes of actions, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your viewing, access or use or inability to view, access or use the Website or services, any user postings made by you, your violation of any Terms or your violation of any rights of a third party, or your violation of applicable laws, rules or regulations. JMG Realty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with JMG Realty in asserting any available defenses.

ENTIRE AGREEMENT

These Terms do not amend the terms of any agreement that you may have with JMG Realty, its affiliates or an apartment community owner. Except as set forth in another agreement signed by you, these Terms are the entire agreement between you and JMG Realty and supersede all other agreements between you and JMG Realty regarding this Website.

SEVERABILITY

If any provision of these Terms is found by any a court of law to be invalid, unlawful, void and/or unenforceable, the other provisions will continue in full forces and effect. If any invalid, unlawful, void and/or unenforceable provision would be valid, lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in full force and effect.

LAW AND JURISDICTION

These Terms will be governed by and construed in accordance with Georgia law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the state and federal courts of Georgia.

NO WAIVER

The delay, failure, excuse or waiver of any party to seek redress for violation of or to insist on the strict performance of any covenant or condition contained in these Terms shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.