Last updated: December 8, 2017
This agreement governs your use of this site and all content and services available via this site. If you do not agree with the terms and conditions of this agreement, you are not granted permission to access or otherwise use this site.
Use Restrictions. You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, "mine" or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, and (iii) taking any action that imposes an unreasonable or disproportionately large load on FirstKey infrastructure.
Intellectual Property Rights in the Site. You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of FirstKey or its licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
Trademarks. "FirstKey " and all other trademarks, logos and services marks displayed on the Site are trademarks belonging to FirstKey, its aﬃliated entities, or its licensors (collectively the "Trademarks"). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without FirstKey's prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to beneﬁt of FirstKey, its aﬃliated entities, or its licensors, as the case may be.
Linking and Framing. FirstKey prohibits the use of any links to the Site from any other Web sites unless establishment of such a link is approved in advance by FirstKey in writing. You may not frame any elements of the Site with any other Web site. The Site may periodically provide links to third party web sites. This Agreement governs only the Site and not any such third-party Web sites. FirstKey's decision to link to a third-party Web site is not an endorsement of the content or services in that linked third party Web site. If you decide to access linked third-party Web sites, you do so at your own risk. You should direct any concerns regarding any third-party Web sites to the administrator of the applicable third-party Web site.
Copyright Complaints. If you believe the Site contains Content that infringes your copyright, please see FirstKey's Copyright Infringement Notiﬁcation Procedures.
Advertisements. FirstKey, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by FirstKey. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and We are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.
Unsolicited Information. By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to FirstKey through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to FirstKey through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. FirstKey, or any of its affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, FirstKey and its aﬃliated entities are free to use any ideas, concepts, know- how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the Site, you are granting FirstKey and its aﬃliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
No Responsibility for Connectivity You are responsible for the means you use to access the Site and all costs associated therewith. FirstKey is not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Disclaimer of Warranty. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FirstKey DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. FirstKey DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. FirstKey DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Indemnification You shall indemnify and hold harmless the FirstKey Parties for any and all claims, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Site, or any violation of this Agreement.
Termination. FirstKey reserves the right, in its sole discretion, to restrict, suspend, or terminate these this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. FirstKey reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
Security of the Site. Actual or attempted unauthorized use of the Site may result in criminal prosecution and/or civil litigation. FirstKey reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. FirstKey will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
Electronic Communications and Contracting The Site may contain additional agreements and disclosures in electronic form. By assenting to this Agreement, you agree that a printed version of this Agreement and all other agreements entered into by you on the Site 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.
Miscellaneous In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with applicable law as nearly as possible to reﬂect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and eﬀect. The sections of this Agreement entitled Disclaimers and Limitation of Liability, Indemniﬁcation and Miscellaneous shall survive the termination of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, except with regard to its conﬂicts or choice of law rules. This Agreement contains the entire agreement between FirstKey and you concerning the Site and supersedes all existing agreements and all other oral, written or other communication between FirstKey and you concerning the Site. You shall comply with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal oﬀense, give rise to liability, or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by FirstKey.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURES
If you believe that any Content violates your copyright or a third party's copyright, please notify FirstKey by providing the following information to the copyright agent identified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are duly authorized to act on the copyright owner's behalf.
Copyright agent: The Office of the General Counsel of FirstKey