The following is the agreement between the user and Wellston Apartments, hereinafter referred to as the “Site.” This Site is offered to you, comprised of various web pages operated by Wellston Apartments, and is a news and informational site regarding apartment rentals and availability and facilitates the payments of rentals and other necessary payments. This Site is offered to you conditioned upon your acceptance without modifications of the terms, conditions, and notices contained herein (the “Terms”). Your use of this Site constitutes your agreement to all such Terms. Please read these Terms carefully, and retain a copy for your future reference. If for any reason you are dissatisfied with any portion(s) of this Site, or with any of the Wellston Apartments website Terms of Use, your only remedy is to discontinue use of this Site. Privacy Policy: Your use of this Site is subject to Wellston Apartments’ Privacy Policy Statement which also governs the Site. Please review it, as it also informs users of our data collection practices. Electronic Communications: Visiting this Site or sending emails to or via this Site constitutes electronic communications. You consent to receive such electronic communications and you consent and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and otherwise on the Site, satisfy any and all legal requirement(s) that any such communications be in writing. Your Account: If you choose to use this Site, you are responsible for maintaining the confidentiality of your password and account, if and where applicable, and for restricting access to your computer. You consent to accept all responsibility for all activity that occurs under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that this Site is not to be held responsible for any third-party access to your account resulting from theft or misappropriation. Wellston Apartments and its associates reserve the right, in our sole discretion, to cancel or refuse service, terminate accounts, or remove and/or edit content. If you are under the age of eighteen, you may only use this Site with the permission of a parent or guardian. Links to Third-Party Services: This Wellston Apartments Site contains links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wellston Apartments. Wellston Apartments is not responsible for any Linked Sites content, including without limitation any link contained in Linked Sites, or any changes or updates to the Linked Sites. This Site is making these links available only as a convenience. The inclusion of or link to any link whatsoever does not imply endorsement by Wellston Apartments of the site or of association with its operators. Some services this Site makes available are provided by third-party sites and/or organizations. By using any product, service, or functionality originating from the Wellston Apartments domain, you hereby acknowledge and consent that Wellston Apartments may share such information and/or data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of our users and/or customers. No Prohibited or Unlawful Property Use: You are granted a non-exclusive, non-transferable, revocable license to access and use this Site strictly in accordance with these Terms of Use. As a condition of your use, you warrant to Wellston Apartments that you will not use the Site in any manner which could harm, disable, overburden, or compromise the site or interfere with any other party’s use. You may not obtain or attempt to obtain any information or materials through any means made available or provided for intentionally through the Site. All Site content included as part of the service, such as text, logos, images, as well as any compilation thereof, and any software used on this site, is the property of Wellston Apartments or its suppliers. All such content is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make changes thereto. You will not modify, transmit, reverse engineer, or in any way exploit any of the content in this Site or in its Linked Sites, in whole or in part. Third-Party Accounts: You will be able to connect your Wellston Apartments account, via this Site, to third-party accounts. By doing so, you acknowledge and consent to the continual release of information about you to others (in accordance with your privacy settings on those third-party sites.) If you do not want such information to be shared in this way, do not use this feature. International Users: The Service is controlled, operated, and administered by Wellston Apartments from our offices within the State of Wisconsin, United States of America (USA). If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wellston Apartments content accessed through this Site or any of its Linked Sites in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. Indemnification: You agree to indemnify, defend and hold harmless Wellston Apartments, its officers, directors, employees, agents, and third parties for any liabilities, costs, losses, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement, of any rights of a third party or of any applicable regulations, laws, or rules. Wellston Apartments reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you agree to fully cooperate with Wellston Apartments in asserting any available defenses. Liability Disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES WILL BE REGULARLY MADE TO THE INFORMATION AND CONTENTS HEREIN AT ANY TIME WITHOUT NOTICE BY WELLSTON APARTMENTS AND/OR ITS SUPPLIERS. WELLSTON APARTMENTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, PHOTOS, VIDEOS, AND RELATED PRODUCTS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, PHOTOS, VIDEOS, AND RELATED PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND WHATSOEVER. WELLSTON APARTMENTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, PHOTOS, VIDEOS, AND RELATED PRODUCTS. THIS INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF SALEABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO MANNER OR EVENT SHALL WELLSTON APARTMENTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES OR LINKED SITES, THE PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES, PHOTOS, VIDEOS, AND RELATED PRODUCTS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WELLSTON APARTMENTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/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 REMEDY IS TO DISCONTINUE USING THE SITE. Termination/access restriction: Wellston Apartments reserves the right, in its sole discretion, to terminate your access to the Site and the related services, Linked Sites, or any other portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin, USA. You hereby consent to the exclusive jurisdiction and venue of courts in the State of Wisconsin, the USA in any and all disputes arising out of or relating to the use of the Wellston Apartments Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, to this section. If any part of this agreement is determined to be unenforceable or invalid pursuant to applicable law, then the unenforceable or invalid provision will be deemed superseded by a valid, enforceable provision that most closely aligns with the intent of the original provision. The remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wellston Apartments regarding this Site. This agreement supersedes any/all prior or contemporaneous communications, whether oral, electronic or in writing between the user and Wellston Apartments. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Change to Terms: Wellston Apartments reserves the right, in its sole discretion, to change the Terms under which Wellston Apartments is offered. The most current use of the Terms will supersede all previous versions. As changes will be made regularly, Wellston Apartments encourages you to review the Terms on a regular basis to stay informed of our updates. Contact Information: If you have any questions about this Site, its use, or contents, please contact us via the following information. Wellston Apartments Office Address: 117 N. Jefferson Street, Milwaukee, WI 53202 Phone: 414.271.5201 Fax: 414.271.5652 Email: [email protected] Effective as of July 22, 2013