USE OF COPYRIGHTED MATERIALS / TRADEMARKS
Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by EPT (collectively, the “Materials”) or (ii) provided by third party licensors and suppliers to EPT (collectively, the “Third Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information and other restrictions in connection with the Website, including without limitation any Materials and Third Party Content therein.
The Materials contain trademarks, service marks and trade names which are owned by EPT and its affiliates. Except as otherwise noted in the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:
- Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
- EPT reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from EPT.
The Third Party Content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third Party Content, you agree only to display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. You acknowledge and agree that the Third Party Content does not reflect the views of EPT and that EPT is not responsible for any views, ideas, positions, materials and the like contained in any Third Party Content.
Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of EPT, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and Third Party Content on the Website are expressly reserved to EPT, its affiliates, and/or any third party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of EPT or written permission from a third party with respect to such party’s Third Party Content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and Third Party Content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and Third Party Content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and Third Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.
HYPERLINKS TO THIS SITE
You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry or home page of this Website and does not portray EPT or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by EPT at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any EPT trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of EPT in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilizing a EPT or EPT affiliate name, trademark, or product name without express written consent from EPT in each instance.
LINKS TO THIRD PARTY WEBSITES
The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by EPT. If you use these links, you may leave the Website. EPT has not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content. EPT does not endorse any opinion, recommendation or advice expressed therein or make any representations about third party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and EPT expressly disclaims any and all liability in connection with such third party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against EPT in connection therewith. You further understand and acknowledge if you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk.
You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third Party Content or enforce limitations on use of the Website or any such content therein.
DISCLAIMER OF WARRANTIES
Except as may be expressly set forth otherwise in a written agreement between you and EPT or a EPT affiliate, EPT has no special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EPT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF EPT’S SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the extent EPT is managing a property where you are renting or buying a home, you must rely solely on your own investigation and conclusions regarding such home, including without limitation conclusions involving construction, engineering, and financial matters. Information on the Website should not be relied upon for accuracy, timeliness and completeness and projections, forecasts and estimates on the Website are not guarantees or current or future performance.
LIMITATION OF LIABILITY
The information contained within press releases issued by EPT and its affiliates should not be deemed accurate or current except as of the date the release was posted. EPT and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.
EQUAL HOUSING OPPORTUNITY
EPT is committed to compliance with all federal, state, and local fair housing laws. EPT subscribes to a universal policy for the achievement of equal housing and no person will be discriminated against because of race, color, age, religion, national origin, sex, familial status, disability, sexual orientation, gender identity, marital status or any other local laws protecting specific classes. All persons involved with the leasing and operation of apartment homes are provided with diversity training on fair housing laws and EPT corporate policies. EPT and Owner will discuss and respond to any reasonable accommodation request based upon disability-related need. EPT and the Owner will allow reasonable modification of existing premises, which may be at the expense of the disabled person.
DIGITAL MILLENNIUM COPYRIGHT ACT
EPT does not permit copyright infringing activities and infringement of intellectual property rights on the Website.
If a person is a copyright owner or an agent thereof and believes that any content posted on the Website infringes upon another’s copyrights, such person may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the EPT copyright contact with the following information in writing (see 17 U.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the reporting person, such as an address, telephone number, and, if available, an electronic mail;
- A statement that the reporting person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the reporting person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated EPT copyright contact (“Copyright Contact”) to receive notifications of claimed infringement is: 18 Broad Street, Suite 300, Charleston, SC 29401, attn: Derek Ramsey. Please be advised that DMCA notices should go to the this Copyright Contact; any other feedback, comments, requests for technical support, and other communications should be directed to EPT customer service through WebmasterDigitalMarketing@EPT.com. The complaining person acknowledges that in the event he/she fails to comply with all of the requirements of this Section, such person’s DMCA notice may not be valid.
If the person to who is allegedly infringing a copyright (as reported by the complaining person above) believes that content that was removed (or to which access was disabled) is not infringing, or that such person has authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, the person responding to the complaint may send a counter-notice containing the following information to the Copyright Contact:
- The responding person’s physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that the responding person has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Such responding person’s name, address, telephone number, and e-mail address, a statement that such responding person consents to the jurisdiction of the federal court in Houston, Texas, and a statement that he/she will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Contact, EPT may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, in EPT’s sole discretion.
If you have any questions regarding the Website, please contact EPT by sending an email to email@example.com.