Gumenick Properties Websites Terms & Conditions
1. Acceptance of Terms
These Website Terms and Conditions (“Terms”) govern your access to and use of the websites located at www.gumenick.com and www.libbiemill.com (the “Websites”), which are owned and operated by Gumenick Properties, LLC (“Gumenick Properties,” “we,” “us,” or “our”). By accessing or using the Websites, you (“you” or “user”) acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy at [https://gumenick.com/privacypolicy OR https://libbiemill.com/privacypolicy], which is incorporated herein by reference.
If you do not agree with any part of these Terms, you must discontinue use of the Websites immediately. Your continued use of the Websites following any changes to these Terms constitutes acceptance of those changes.
2. Changes to These Terms
We reserve the right to modify these Terms at any time in our sole discretion. When we make material changes, we will update the “Effective Date” at the top of this page. We encourage you to review these Terms periodically. Your continued use of the Websites after any such modifications constitutes your acceptance of the revised Terms.
3. Websites Description and Informational Content
The Websites provides general information about Gumenick Properties, its properties, services, and related topics. The content on the Websites is provided for informational purposes only and does not constitute professional advice of any kind, including but not limited to legal, financial, real estate, or investment advice. While we endeavor to keep the information on the Websites accurate and current, we make no representations or warranties regarding the completeness, reliability, or accuracy of any content. Any reliance you place on such information is strictly at your own risk.
4. Permitted Use
You may access and use the Websites solely for lawful purposes and in accordance with these Terms. You agree to use the Websites only for personal, non-commercial informational purposes unless you have received prior written authorization from us.
5. Prohibited Conduct
In connection with your use of the Websites, you agree not to:
(a)Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites;
(b)Use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express prior written permission;
(c)Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites is stored, or any server, computer, or database connected to the Websites;
(d)Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(e)Use the Websites to transmit or procure the sending of any unsolicited advertising or promotional material;
(f)Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Websites, except as incidental to normal web browsing (e.g., temporary caching);
(g)Violate any applicable federal, state, local, or international law or regulation; or
(h)Impersonate or attempt to impersonate Gumenick Properties, a Gumenick Properties employee, another user, or any other person or entity.
6. Intellectual Property Rights
The Websites and their entire contents, features, and functionality, including but not limited to all text, graphics, logos, images, photographs, video, audio, software, and the design, selection, and arrangement thereof, are owned by Gumenick 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.
The Gumenick Properties and individual property names, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Gumenick Properties or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
Nothing in these Terms grants you any right, title, or interest in or to the Websites or any content on the Websites, other than a limited, revocable, non-exclusive, non-transferable license to access and view the Websites for personal, non-commercial use in accordance with these Terms.
7. Third-Party Links & Additional Requirements
The Websites may contain links to third-party websites or resources that we do not own or control, including property-specific webpages for properties owned by Gumenick Properties that are managed by a third party. Gumenick Properties has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The inclusion of any link does not imply endorsement, approval, or affiliation by Gumenick Properties.
You acknowledge and agree that Gumenick Properties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such third-party websites or resources.
Certain aspects of the Websites may be subject to additional requirements, guidelines, other technical and non-technical specifications, or other rules or policies in addition to those set forth inthese Terms (the “Additional Requirements”). In the event of a conflict between the Additional Requirements and these Terms, the Additional Requirements shall take precedence. In order to use certain features of the Websites, including our third-party tenant portals, you may have to register and create a password-protected account and/or submit property listings, lease agreements, rental terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents. While these tenant portals are managed by a third party and not Gumenick Properties, and may therefore be subject to the relevant third party’s privacy policy and terms, you agree to provide true, accurate, current, and complete information in connection with such tenant portals, and to maintain and update such information to keep it true, accurate, current, and complete at all times.
8. Privacy
Your use of the Websites is also subject to our Privacy Policy. The Privacy Policy describes how we collect, use, and share information about you when you use the Websites. By using the Websites, you consent to the collection and use of information as described in the Privacy Policy.
The Websites also utilize Google Maps and related content licensed by Google and its licensors. By using the Google Maps features available on the Websites, you agree to be bound by the applicable Google privacy policy.
In addition, you hereby represent and warrant that any information and materials that you provide on, through, or in connection with the Websites: (a) does not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy rights laws; (b) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Websites; (d) do not promote illegal or harmful activities; and (e) are not illegal, unlawful or contrary to applicable laws and regulations.
9. Disclaimers
THE WEBSITES AND ALL CONTENT, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUMENICK PROPERTIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
GUMENICK PROPERTIES DOES NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GUMENICK PROPERTIES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITES.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUMENICK PROPERTIES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITES OR ANY CONTENT ON THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF GUMENICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GUMENICK PROPERTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITES OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY LIMITED.
11. Indemnification
You agree to indemnify, defend, and hold harmless Gumenick Properties and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Websites; or (c) your violation of any rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with our defense of such claim.
12. Termination and Suspension of Access
We reserve the right, in our sole discretion and without notice or liability, to restrict, suspend, or terminate your access to all or any part of the Websites for any reason, including without limitation if we reasonably believe you have violated these Terms or any applicable law.
All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law and Venue
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Websites shall be instituted exclusively in the federal courts of the United States or the state courts located in Richmond, Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.
15. Waiver
No waiver by Gumenick Properties of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Gumenick Properties to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and Gumenick Properties regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.
17. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
4901 Libbie Mill East Boulevard, Suite 200 Richmond, VA 23230
(804) 288-0011