C. P. Morgan | Website Terms of Use

CPMorgan.com Website Terms of Use

Welcome to the CPMorgan.com website (the “Site”). Thank you for taking the time to visit.

ACCEPTANCE OF TERMS

This agreement includes C.P. Morgan Communities, L.P.’s (“C.P. Morgan”) policy for acceptable use of the Site, and describes your rights, obligations and restrictions regarding your use of the Site. Please read the following Terms of Use carefully and save this document for future reference. By using the Site, you agree to be bound by these Terms of Use. In order to participate in certain services on the Site, you may have to download software or content and/or agree to additional terms and conditions.

If you do not agree with these Terms of Use, you should exit the Site immediately and you may not register for a My CPM Account.

C.P. Morgan may modify these Terms of Use from time to time and such modification shall be effective upon posting on the Site by C.P. Morgan. You agree to be bound to any changes to the Terms of Use when you use the Site after any such modification is posted. It is therefore important that you review the posted Terms of Use regularly to ensure you are updated as to any changes.

ELIGIBILITY

Children under the age of 13 are not authorized to use the Site. By using the Site, you represent and warrant that you have the right, authority and capacity to agree to and abide by these Terms of Use.

GENERAL USE

The Site may be used only for lawful purposes by those seeking information about C.P. Morgan. You agree not to use the Site for any unlawful or prohibited purpose. The Site shall not be used for commercial purposes, except those that are specifically endorsed or approved by C.P. Morgan. Unauthorized use of the Site, including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other unauthorized purposes is strictly prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.

Despite the best efforts of C.P. Morgan to provide accurate information, including but not limited to prices and availability of homes or lots, it is not possible to completely ensure that information on this Site is correct at all times. C.P. Morgan assumes no responsibility for any incorrect information or inappropriate content or conduct that is posted or occurs on the Site.

If you become aware of misuse of the Site by any person, please contact us directly at info@mycpmorgan.com.

LICENSE TO USE

For the limited purpose of your use of the Site, C.P. Morgan grants you a limited, revocable, personal and non-transferable license to use the Site, including the software and C.P. Morgan content for private viewing and use in accordance with these Terms of Use, and for no other purpose. You must keep intact all copyright, trademark and other proprietary notices. Reproduction or redistribution of copyright and trademark-protected material is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the copyright and trademark-protected material to any other server or location for further reproduction or redistribution is expressly prohibited.

INTELLECTUAL PROPERTY

All site design, text, graphics, logos, icons, the selection and arrangement of these elements, and all software and content posted on the Site are the property of C.P. Morgan or its licensors or suppliers, and are protected by U.S. and international intellectual property laws, including, but not limited to, copyright. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to C.P. Morgan or any other person or entity without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of C.P. Morgan to terminate access to any user of the Site who repeatedly infringes the copyright rights of others, upon receipt of proper notification to C.P. Morgan by the copyright owner or the copyright owner's legal agent.

If you believe that your proprietary work has been copied and/or posted on the Site in a way that constitutes copyright infringement, please contact our Copyright Agent at info@mycpmorgan.com (or by regular mail at Copyright Agent, 4670 Haven Point Blvd., Indianapolis, Indiana, 46280), with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

LINKS

Any links on the Site are provided only as a convenience, and C.P. Morgan does not endorse any third party sites, unless otherwise provided. C.P. Morgan is not responsible for the contents of any third party sites, or the links within them. You are solely responsible for abiding by the terms of use of any third party site. We are not responsible for transmissions you receive from third party websites or for their failure to work properly.

MODIFICATIONS TO SITE AND SERVICES

C.P. Morgan reserves the right to modify, suspend, delay or discontinue, temporarily or permanently, this Site (or any part thereof) or any of its products or services, with or without notice. You agree that C.P. Morgan shall not be liable to you or to any third party for any modification, suspension, delay or discontinuance of this Site or any of its products or services.

GENERAL DISCLAIMER

C.P. Morgan is not responsible for any incorrect or inaccurate submissions or postings on the Site, whether caused by C.P. Morgan, other users of the Site or by any of the equipment or programming used in or associated with the Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. C.P. Morgan is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or high traffic on the Internet or any combination thereof, including any injury or damage to your or to any person's computer related to or resulting from participation or downloading materials in connection with the Site.

The Site and related services are provided AS-IS and, to the fullest extent permitted by law, WITHOUT WARRANTIES OF ANY KIND, either express or implied. This means, without limitation, that C.P. Morgan DOES NOT WARRANT that the Site is fit for any particular purpose, that the content of the Site is non-infringing; that the services available via the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses or other harmful components, or that the information and content of the Site are accurate, error-free or reliable. You acknowledge that C.P. Morgan and its affiliates, together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

LIMITATION OF LIABILITY

You acknowledge that C.P. Morgan is not liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site. This limitation applies to all potential claims, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNIFICATION

You hereby agree to indemnify and hold C..P. Morgan, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, damages, claim or demand (including court costs and reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

GENERAL

Your access to this Site is governed by all applicable federal, state and local laws, including but not limited to the laws of obscenity, the right of privacy, fraud, and intellectual property. These Terms of Use and our relationship is governed by the laws of the State of Indiana, U.S.A. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the state and federal courts in the State of Indiana, in all disputes arising out of or relating to the use of the Site. Use is unauthorized in any jurisdiction that does not give effect to these Terms of Use, including this paragraph. No joint venture, employment, or other legal relationship exists between you and C.P. Morgan as a result of these Terms or Use or your use of the Site. If any of these terms is held invalid or unenforceable, then it will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of the agreement shall continue in effect. Unless otherwise specified and acknowledged by us in these Terms of Use, this is the entire agreement between you and C.P. Morgan with respect to the Site. These Terms of Use supersede all prior or contemporaneous communications between you and C.P. Morgan concerning any matters set forth herein. A printed version of these Terms of Use and any notices given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents originally in printed form. Please contact us at info@mycpmorgan.com with any questions regarding these Terms of Use.

BY USING THIS SITE, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, AND THAT I UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.