Terms & Conditions
Websites of communities managed by Quarterra
Terms and Conditions
Last Modified: May 2022
These Terms and Conditions are the terms of Quarterra Services, LLC. and Quarterra Living, Inc., a California corporation (hereinafter collectively “Quarterra”) in connection with your use of www.Quarterra.com and other community specific websites managed by Quarterra (collectively, our “Properties”). The terms “we”, “us”, or “our” refer to Quarterra, and the terms “you” and “your” refer to you, a prospective, current of former resident or visitor accessing our Properties and their associated website.
By visiting the Properties, you acknowledge your consent to the Terms and Conditions (which include a mandatory arbitration provision) and the Privacy Notice, including the authorization of the use and sharing of your information that is described therein. If you do not agree with the Privacy Notice or the Terms and Conditions, do not use the Properties.
Changes to the Terms and Conditions
We reserve the right to make changes to the Terms and Conditions from time to time in our sole discretion. We will post any new versions on the Properties, and the changes will be effective immediately upon appearing on the Properties. We will not be liable if, for any reason, all or part of any of the Properties is ever unavailable. From time to time, we may restrict access to all or some of the Properties or any part thereof. Please check these Terms and Conditions periodically for changes. Your continued use of the Properties following our posting of any changes to these Terms and Conditions means that you accept those changes.
General Terms and Conditions
Content and Ownership
“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Properties. All Content is owned by us or our third party licensors. Nothing contained on the Properties should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms and Conditions, we hereby grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Properties and Content for your personal, non-commercial use.
Third Party Offerings
The Properties may include links to, or otherwise reference, products and services offered by vendors and other third parties (“Third Party Offerings”). Any Third Party Offerings are provided by the respective third parties and not by us. We make no representations or warranties regarding, and you agree that we bear no responsibilities or obligations with respect to, any Third Party Offerings, including without limitation the availability or quality of Third Party Offerings, or the information displayed on the Properties regarding Third Party Offerings or the respective third parties themselves. Each such third party has separate terms and conditions governing the Third Party Offerings that it provides, and you may be required to agree to such terms and conditions to receive any Third Party Offerings. For your convenience, the Properties may include links to third party websites. We do not have any control over, or responsibility for, the content or operation of such websites. Each such website may collect information about you and your usage of the website. The use of such websites is at your own risk. Any transactions agreed upon between you and such third parties are agreements between you and the applicable third party, and we are not party to any such transactions or agreements unless otherwise expressly stated. You are solely responsible for your interactions with any third parties.
Representations and Warranties
You represent and warrant that (a) you are age 18 or older, (b) the information you submit through the Properties is accurate and complete to the best of your knowledge, and (c) with respect to each email address of a family member or friend that you provide for the sending of a moving notification, that you are authorized to provide the email address for such purpose and that the transmission of the moving notification to the email address will not violate any directive or preference of the recipient, or any right of the recipient under law. You acknowledge that you bear all risk and responsibility for errors or delays that result from inaccurate or incomplete information provided by you.
In connection with any moving notification or other information that you provide, you shall not include anything that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful, or (b) violates or infringes upon the copyright, trademark rights, intellectual property rights, privacy rights or other rights of any party. We reserve the right in our discretion to edit or delete any portion of a moving notification that we deem inappropriate, or not transmit a moving notification that contains anything that we deem inappropriate. We are not obligated to edit or delete any portion of a moving notification, or to decide not to transmit any moving notification, and we are not liable for editing or deleting any portion of any moving notification or declining to transmit any moving notification.
You shall not and shall not attempt to (a) post or transmit to the Properties any virus, worm, Trojan horse, time bomb, or other computer programming routine, feature or operation that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, (b) use any device software, routine, feature or operation to interfere with the proper operation of the Properties or any activity being conducted on or by the Properties, (c) gain access to, copy, alter or modify any data transmitted to the Properties by another user, (d) copy, alter, modify, create derivative works based upon, decipher, decompile, disassemble, or reverse engineer any of the software or Content comprising or making up the Properties, (e) scrape, mirror, frame or link to the Properties, (f) remove any trademark or copyright notices contained in the Properties, (g) violate any applicable local, state, national or international law, or (h) provide any false or misleading information or any information that you do not have the right to provide.
We make no representations or warranties regarding the availability of the Properties at any given time, whether the use of the Properties will be uninterrupted, or the continued operation of the Properties. We, with or without notice, may suspend the operation of the Properties for periods of time, terminate the operation of the Properties at any time, and suspend or terminate your ability to access and use the Properties at any time. We, with or without notice, may revise the features and functionality of the Properties, and the instructions and guidelines regarding the access to and use of the Properties, at any time. We, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use the Properties, and the IP number(s) or address(es) used for the Properties. While we take reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs or other computer programming routines, features or operations to the Properties that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, we do not guarantee or warrant that the Properties or materials transmitted from the Properties do not contain such computer programming routines, features or operations.
While we endeavor to display current and accurate information, we make no representations or warranties regarding the information set forth in the Properties and, without limiting the foregoing, are not responsible for any information being out of date or inaccurate, or for any typographical errors.
You shall indemnify and hold us harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with the Terms and Conditions, or any misrepresentation made by you in these Terms and Conditions.
We are not responsible for any technical failures or problems that are beyond our control, or any results of any such failures or problems.
USE OF THE PROPERTIES IS PROVIDED “AS IS WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THE PROPERTIES, FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE OPERATION OF THE PROPERTIES, OR SUSPENSION OR TERMINATION OF THE OPERATION OF THE PROPERTIES OR THE ABILITY OF YOU TO ACCESS AND USE THE PROPERTIES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. YOU EXPRESSLY AGREE THAT YOU ACCESS AND USE THE PROPERTIES AT YOUR SOLE RISK.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PROPERTIES, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $25 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST THREE MONTHS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ONE OR MORE OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
We reserve the right to modify or discontinue the Properties (or any part thereof) without notice. Your right to use the Properties and Content will automatically terminate if you breach these Terms and Conditions. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms and Conditions which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive.
Any claims or disputes relating to the Properties shall be resolved exclusively by binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (AAA) and the arbitration shall occur in the State of Florida, County of Miami-Dade, unless we expressly consent in writing to a different location. The arbitration shall be conducted by one arbitrator who is selected pursuant to the rules of the AAA. The award of the arbitrator shall be final and judgment upon the award may be entered in a court of competent jurisdiction in the State of Florida, County of Miami-Dade, unless we expressly consent to a court in different jurisdiction. No arbitration shall be consolidated or combined with any other arbitration, or proceed on a representative basis or capacity for other parties, except with our express written consent. THESE TERMS AND CONDITIONS PROVIDE THAT ALL CLAIMS OR DISPUTES REGARDING THE PROPERTIES SHALL BE RESOLVED BY BINDING ARBITRATION, WHICH MAY NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, OR PROCEED ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES, WITHOUT OUR EXPRESS WRITTEN CONSENT. THEREFORE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS BROUGHT IN COURT, AND TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. Any disputes regarding the arbitration provisions shall be resolved by the arbitrator. In the event that any issues not addressed by this arbitration provision will be entertained by a court, the court must be a court of competent jurisdiction in the State of Florida, County of Miami-Dade. Each party will bear their own costs in connection with the arbitration.
These Terms and Conditions are governed by federal law and the laws of the State of Florida, without reference to choice of law principles.
The Quarterra name and logo are trademarks or service marks of Quarterra. The names and logos of any vendors or other third parties that appear on the Properties are trademarks or service marks of the respective vendors. The unauthorized use of the names, logos, trademarks and service marks appearing on this site is strictly prohibited.