TERMS AND CONDITIONS OF USE
Welcome to Ashoka Lion Consulting!
Prior to using the website of Ashoka Lion Consulting, LLC (herein
referred to as ''Ashoka Lion'' or the ''Site''), please review the
following Terms of Use carefully. These Terms of Use govern your access
to and use of the Ashoka Lion website. These Terms of Use therefore
operate as a legally binding contract. Accordingly, please read it
carefully before indicating whether you are willing to accept its
terms.
Your access to and use of the website and/or services of Ashoka Lion
constitute your implicit agreement to these Terms of Use. By visiting
this website and any continued use of the website, you implicitly agree
to abide by these Terms and Conditions of Use. If you do not agree to
any of the terms below, Ashoka Lion is not willing to grant you access
to its services or those areas of its web site that are open to its
bound clients. If you are unwilling to accept all of the terms of this
Agreement, you should exit to the web site. Please note that any
violation of these Terms of Use may result in termination of your
ability to access and use the website and/or services of Ashoka Lion.
"AshokaLion.com" (hereinafter referred to as the ''Site'') is a trade
name owned by Ashoka Lion Consulting, LLC, a Texas limited liability
company ("we", "us", and/or "Ashoka Lion, LLC"). This Terms of Use
Agreement ("Agreement") is made by and between Ashoka Lion, LLC and the
person ("You") making use of the services provided by Ashoka Lion, LLC
through its internet web site.
1. DESCRIPTION OF SITE
Ashoka Lion, LLC maintains the Site for your information and education
as to the services Ashoka Lion, LLC provides. Specifically, the Site
provides information regarding real estate consulting including but not
limited to association management, rental property management, and sales
and leasing services. Furthermore, the Site provides access to
property owner, tenant, and vendor login portals however such access is
not covered by this Agreement. You are responsible for maintaining your
own access to the internet.
2. USER OBLIGATIONS
You
represent and warrant that all information that you provide to us will
be true, accurate, complete and current, and that you have the right to
provide such information to us in connection with your use of the
Service. In addition, we expect users of the Service to respect the
rights and dignity of others. Your use of the Service is conditioned in
part on your compliance with the rules of conduct set forth in this
section; any failure to comply may result in termination of your access
to the Service. While using the Service, you agree not to:
§ impersonate
any person or entity, falsely state or otherwise misrepresent your
affiliation with any person or entity, or use any fraudulent, misleading
or inaccurate email address or other contact information;
§ restrict or inhibit any other user from using and enjoying the Service;
§ violate any applicable laws or regulations;
§ post
or transmit any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, hateful, offensive, or
otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability, or
otherwise violate any local, state, national or foreign law, including
without limitation the U.S. export control laws and regulations;
§ post
or transmit any software or other materials which contain any virus,
trojan horses, worms, defects, date bombs, time bombs, other harmful
component or items of destructive nature;
§ post,
publish, transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained through the Site for
commercial purposes (other than as expressly permitted by the provider
of such information, software or other material);
§ modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
§ remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
§ use
any robot, spider, site search/retrieval application or other manual or
automatic device or process to retrieve, index, "data mine" or in any
way reproduce or circumvent the navigational structure or presentation
of the Service;
§ engage in spamming or flooding; and
§ upload
to, post, transmit through, reproduce or distribute in any way (a) any
material that is unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene or otherwise objectionable, or infringes our or any
third party's intellectual property or other rights, including without
limitation, derivative works; (b) any confidential, proprietary or trade
secret information us or of any third party; or (c) any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities
or other unsolicited commercial communication (except as otherwise
expressly permitted by us).
3. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLY BY APPLICABLE LAW, IN NO EVENT SHALL
ASHOKA LION, LLC OR ITS AFFILIATES, PARTNERS, LICENSORS, ADVERTISERS,
OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE RESPONSIBLE OR
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE
(INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOSS OF
DATA) OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE
TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION,
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY
ARISING OUT OF OR RELATING TO THE SERVICE, OR TO THE EXTENT ANY OF THE
FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT SUCH
DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE SOLE, EXCLUSIVE, AND AGGREGATE LIABILITY OF ASHOKA
LION, LLC TO YOU FOR ANY AND ALL CLAIMS, WHETHER IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, ARISING IN
CONNECTION WITH THIS AGREEMENT THE SITE OR THE SERVICE, SHALL NOT EXCEED
THE TOTAL FEES PAID TO ASHOKA LION, LLC BY YOU DURING THE SIX-MONTH
PERIOD PRECEDING THE DATE OF ANY CLAIM. YOU ACKNOWLEDGE THAT THIS
LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND ASHOKA
LION, LLC RELATING TO THE PROVISION OF THE SERVICE TO YOU AND ASHOKA
LION, LLC WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION.
4. TERM AND TERMINATION OF USE
This Agreement will become effective and binding when you have
acknowledged your acceptance of all the terms and conditions herein by
following the instructions set forth on the Site. We will require you to
indicate your agreement by selecting a particular check box and/or
clicking a particular button during the process of registering for the
Service. Once in effect, this Agreement shall remain effective until
termination as set forth herein. However, even after termination, the
provisions of sections III and VI of this Agreement will remain in
effect. You may terminate this Agreement at any time and for any
reason by providing notice to Ashoka Lion, LLC in the manner specified
on the Site or by choosing to cancel your access to the Service using
the tools provided for that purpose within the Site. We may, in our
sole discretion, immediately terminate this Agreement, and/or your
access to and use of the Service or any portion thereof, at any time and
for any reason, including if we believe that you have violated or acted
inconsistently with the letter or spirit of this Agreement.
Notwithstanding the foregoing, Ashoka Lion, LLC also reserves the right
to terminate this Agreement at any time and for any reason by providing
notice to you either through email or other reasonable means. Upon
termination of these Terms, your right to access and/or use the Service
will immediately cease. You agree that any termination of your access to
or use of the Service may be effected without prior notice, and that we
may immediately deactivate or delete your password and user name, and
all related information and files associated with it (including all
Submissions), and/or bar any further access to such information or
files. You agree that we shall not be liable to you or any third party
for any termination of your access to the Service or to any such
information or files, and shall not be required to make such information
or files available to you after any such termination. Upon
termination, all licenses and other rights granted to you by this
Agreement will immediately cease.
5. MODIFICATION OF TERMS
Ashoka Lion, LLC reserves the right to at any time change all or any
part of the terms of this Agreement. Any changes we make will be
effective immediately upon notice. You will be notified of any such
changes via e-mail (if you have provided a valid email address) and/or
by posting notice of the changes on the Site. Any such changes will
become effective when notice is received or when posted on the Site,
whichever first occurs. Your continued use of the Service after such
notice will be deemed acceptance of such changes. If you object to any
such changes, your sole recourse will be to terminate this Agreement.
Continued use of the Site following notice of any such changes will
indicate your acknowledgment of such changes and agreement to be bound
by such changes.
6. OWNERSHIP AND INTELLECTUAL PROPERTY NOTICES
Ashoka Lion, LLC and/or its vendors and suppliers, as applicable, retain
all right, title and interest in and to the Site and all information,
content, software and materials provided by or on behalf of Ashoka Lion,
LLC. By accessing and using the Site, you agree that you will not
copy, reproduce, distribute or create derivative works from any
information, content, software or materials provided by Ashoka Lion,
LLC, or remove any copyright or other proprietary rights notices
contained in any such information, content, software or materials
without the copyright owner's prior written consent. You further agree
not to reproduce, duplicate, copy, sell, resell or exploit any part of
the Site or the Service. You may not de-compile, disassemble, reverse
engineer or otherwise attempt to obtain or access the source code from
which any component of the Site or the Service is compiled or
interpreted, and nothing in this Agreement may be construed to grant any
right to obtain or use such source code.
"AshokaLion.com"
and "Ashoka Lion" is a trade name owned by Ashoka Lion, LLC. The trade
names, trademarks and service marks owned by Ashoka Lion, LLC, whether
registered or unregistered, may not be used in connection with any
product or service that is not ours, in any manner that is likely to
cause confusion. Nothing contained on the website and/or the Service
should be construed as granting, by implication, estoppel or otherwise,
any license or right to use any of our trade names, trademarks or
service marks without our express prior written consent.
7. NO OFFER OF PERSONAL ADVICE.
The information included on this site is provided only to give you a
basic understanding of the services provided by Ashoka Lion, LLC and
real estate markets and is not intended to provide specific investment
advice for you, and should not be relied upon in that regard. No
statement in this website is to be construed as furnishing investment
advice or constituting a recommendation regarding the purchase or sale
of any real properties. You should not act or rely on the information on
this site without seeking the advice of your real properties adviser,
legal adviser, or tax adviser who will ensure that your own
circumstances have been considered and that action is taken on the
latest available information.
8. POLICY FOR IDEA SUBMISSION
Your feedback is welcome and encouraged. You agree, however, that (i)
by submitting unsolicited ideas to Ashoka Lion, LLC, you automatically
forfeit your right to any intellectual property rights in such ideas and
suggestions; and (ii) unsolicited ideas and suggestions submitted to
Ashoka Lion, LLC or any of its employees or representatives
automatically become the property of Ashoka Lion, LLC. If you intend to
retain any intellectual property rights in your ideas and suggestions
(patent, trade secrets, copyright, trademark, etc.) please do not submit
them to us without our prior written approval. If we are interested in
pursuing any idea or suggestion of yours, we will contact you.
9. MISCELLANEOUS
You shall comply with all laws, rules and regulations now or hereafter
promulgated by any government authority or agency that are applicable to
your use of the Service or the Site, or the transactions contemplated
in this Agreement. Any attempt to sublicense, assign or transfer any of
the rights, duties or obligations hereunder or to exceed the scope of
this Agreement is void. This Agreement and the rights and obligations of
the parties with respect to the Site and the Service will be subject to
and construed in accordance with the laws of the State of Texas,
excluding conflict of law principles. You agree to submit to the
exclusive jurisdiction and venue of any State or Federal court located
in the State of Texas, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts. This is the entire
agreement between you and Ashoka Lion, LLC with regard to the matters
described herein and govern your use of the Service and the Site,
superseding any prior agreements between you and Ashoka Lion, LLC with
respect thereto. If any provision of this Agreement, or the application
thereof to any person, place or circumstance, shall be held by a court
of competent jurisdiction to be invalid, void or otherwise
unenforceable, such provision shall be enforced to the maximum extent
possible, or, if incapable of such enforcement, shall be deemed to be
deleted from this Agreement, and the remainder of this Agreement and
such provisions as applied to other persons, places and circumstances
shall remain in full force and effect. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default, nor shall any delay or
omission on the part of either party to exercise or avail itself of any
right or remedy that it has or may have hereunder operate as a waiver of
any right or remedy. This is the entire agreement between us relating
to the subject matter herein and supersedes any and all prior or
contemporaneous written or oral agreements between us with respect to
such subject matter. This Agreement is not assignable, transferable or
sublicenseable by you except with our prior written consent. Regardless
of any statute or law to the contrary, any claim or cause of action
arising out of this Agreement or related to use of the Service or the
Site must be filed within one (1) year after such claim or cause of
action arose or be forever barred.