Upper State Apartment Association

USAA Website Terms of Use   

This page states the Terms of Use, aka terms, under which you may use www.upperstate.org,  (Upper State Apartment Association, USAA website), an on-line association management services portal and guide. Please read these terms carefully. If you do not accept the terms stated here, do not use USAA Website and its services. By using USAA Website, you agree to be bound by these terms, including the USAA Website Privacy Policy  

Eligibility
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use USAA Website in any manner. By visiting USAA Website or accepting these terms, you represent and warrant to USAA Website that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these terms. You also represent and warrant to USAA Website that you will use USAA Website in a manner consistent with, any and all, applicable laws and regulations.

Use of USAA Website Content
USAA Website authorizes you to view and access a single copy of the content available on or from USAA Website solely for your personal use. The contents of USAA Website, and of all other websites under USAA Website's control, whether partial or otherwise (USAA Website and such other websites are often collectively referred to as UPPERSTATE.ORG Sites) such as text, graphics, images, logos, button icons, software and other USAA Website content (collectively, "USAA Website Content"), are protected under both United States and foreign copyright, trademark and other laws. All USAA Website Content is the property of [Company] or its content suppliers or clients. You further agree to in no other way misuse USAA Website Content that appears on this site, other than those specifically permitted herein or by written agreement with USAA Website. Unless specifically permitted herein or in writing by USAA Website, the use of the USAA Website Content on any other website or in a networked computer environment for any purpose is prohibited.

User Responsibilities and Registration Obligations
In order to use this website or certain parts of it, you may be required to register for a user account on this website; in this case, you agree to provide truthful information when requested. By registering for a user account, you explicitly agree to this site's Terms of Use, including any amendments made by USAA that are published herein.

Privacy Policy

Registration data and other personally identifiable information that the site may collect is subject to the terms of USAA Privacy Policy which is incorporated into these Terms of Service by reference.

Registration and Password

You are responsible for maintaining the confidentiality of your password, and you will be responsible

for all usage of your user account and/or user name, whether authorized or not authorized by you. 

USAA Website's Ownership Rights
USAA Website and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the USAA Website Products and Services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the USAA Website Products and Services. By entering into this Agreement or by using USAA Website, you will not acquire any intellectual property or similar rights in the USAA Website Products or Services other than a limited right to use the Products or Services for your personal benefit.

USAA Website Site Restrictions
You may not use any USAA Website Site in order to transmit, post, distribute, store or destroy material, including without limitation, USAA Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. You agree that you will not use the USAA Website site in any manner that could damage, disable, overburden, or impair the USAA Website site or interfere with any other party's use and enjoyment of the USAA Website site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the USAA Website site.

Advertisers
If you participate as an Advertiser and/or Sponsor, you are solely responsible for all advertising content you transmit or submit to USAA Website or through the USAA Website Advertiser Program, whether created by or for you, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "Ads"). Prior to providing any Ads and Participating as an Advertiser, you may be required to read and accept additional written terms and conditions governing your submission of Ads to USAA Website (the "Advertiser Agreement"). USAA Website disclaims all liability relating to Your Ads and You agree to indemnify USAA Website for all loses USAA Website incurs associated with the Ads.
By submitting Content for advertising to any public area of any USAA Website Site, You automatically grant to USAA Website and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such Content, and to grant and authorize sublicenses thereof (through multiple tiers). USAA Website does not represent or guarantee the truthfulness, accuracy, or reliability of Advertiser Content.

USAA Website's Liability
USAA Website acts as a venue for on-line association management services portal and guide. USAA Website may take any action with respect to content that it deems necessary or appropriate in its sole discretion if it believes that such content could create liability for USAA Website, damage USAA Website's brand or public image, or cause USAA Website to lose (in whole or in part) the services of its ISPs or other suppliers. While USAA Website reserves the right in its sole discretion to remove content or other material from USAA Website from time to time, USAA Website does not assume any obligation to do so and disclaims any liability for failing to take any such action. The USAA Website Sites and the USAA Website Content may contain inaccuracies or typographical errors. USAA Website makes no representations about the accuracy, reliability, completeness, or timeliness of any USAA Website Content. The use of all USAA Website Content is at your own risk. Changes are periodically made to USAA Website Sites and may be made at any time. USAA Website cannot guarantee and does not promise any specific results from use of USAA Website or any USAA Website Site. No advice or information, whether oral or written, obtained by you from USAA Website or through or from USAA Website or any other USAA Website Site shall create any warranty not expressly stated herein.
 
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. USAA Website ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL USAA Website, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Local Standards
We do not represent that materials on the USAA Website site are appropriate for use in all locations. Persons who choose to access the USAA Website site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Links to Other Websites
USAA Website and certain other USAA Website Sites contain links to third party Web sites and content. These links are provided solely as a convenience to you and not as an endorsement by USAA Website of the contents on such third-party websites. USAA Website is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. USAA Website and certain other USAA Website Sites contain links to social media sites, including but not limited testimonials. These links are provided solely as a convenience to you and not as an endorsement by USAA Website of the content on such social media sites. USAA Website is not responsible for the content, accuracy of such content or manner in which such content is provided to these third party social media sites. You specifically agree that the use of these social media sites in conjunction with USAA Website is at your own risk.

Indemnification
You agree to defend, indemnify, and hold harmless USAA Website, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content or other material you provide to any USAA Website Site, or (ii) your breach of the terms of these terms. USAA Website shall provide notice to you promptly of any such claim, suit, or proceeding.

Miscellaneous
The Terms of Service and the relationship between you and us shall be governed by the laws of the State of South Carolina, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of South Carolina, Greenville County. You agree to submit to the personal and exclusive jurisdiction of the courts located within Greenville County in the State of South Carolina. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service by USAA Website must be made in writing and signed by an authorized representative of USAA Website specifically referencing these Terms of Service and the provision to be waived. Headings used in these Terms of Service are for convenience only and are not to be relied upon. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service will inure to the benefit of, and are intended to be enforceable by, USAA Website's successors, assigns and licensees.

These Terms constitute a binding agreement between you and USAA Website, and is accepted by you upon your use of the USAA Website.