Updated and Effective as of: June 23, 2023.
These Terms and Conditions of Use (the "Terms") apply to your use of any web site, application, or other online service (collectively, the "Sites") operated by OPVHHJV LLC, d/b/a Pathlight Property Management (together with its affiliates, "Pathlight", "We", "Us", "Our") that posts these Terms. The goal of the Sites is to provide you with access to information about Pathlight and our services.
Please read the Terms carefully before continuing on with your use of the Sites. These Terms shall govern the use of the Sites and apply to all Internet traffic visiting the Sites. By accessing or using the Sites, you agree to the Terms. The Terms are meant to protect all of our Sites visitors and your use of the Sites signifies your agreement with these Terms.
Pathlight reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time; however, any material change to these Terms after your last usage of the Sites will not be applied retroactively unless otherwise required by applicable law. We may also provide notice to you in other ways, such as through contact information you have provided. Any modifications shall be effective immediately upon posting (or such date as may be specified in the updated terms). By continuing to use the Sites after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms. We will provide notice and obtain your consent (which may be opt-out consent) to the new Terms if required. Note that you may need to consent to our new Terms in order to continue to use the Sites.
The Sites are controlled and operated by Pathlight Property Management, Plano, Texas 75093, telephone (800) 527-5030. All content on the Sites, such as trademarks used on the Sites, the appearance and content of the Sites, the technology used to provide the Sites, and all materials that are included in or are otherwise a part of the Sites, including past, present, and future versions, domain names, the underlying HTML, source and object code and the “look and feel” of the Sites, including but not limited to text, images, illustrations, audio clips, video clips, software and other content (the "Content"), is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Pathlight or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Pathlight. Content on the Sites or any online service owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You acknowledge that you do not acquire any ownership rights in the Content by using the Sites. As between you and us, we retain all right, title and interest in and to the Content. Pathlight claims neither ownership in, nor any affiliation with, any third-party trademarks appearing on the Sites. Such third-party trademarks are used only to identify their respective owners.
You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by email or other electronic means) for commercial use without the prior written consent of Pathlight or the Providers. You may request consent by email to email@example.com. Without the prior written consent of Pathlight or the Providers, your modification of the Content, use of the Content on any other website, application, online service, or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Sites and/or the Providers’ copyrights, trademarks or service marks and other proprietary rights, and is prohibited. You may not use any trademarks, service marks or copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website, application, or online service any of the Content or other materials on the Sites without prior written consent of Pathlight. Any rights not expressly granted herein are reserved by Pathlight and any unauthorized use of the Sites is prohibited.
As a condition to your use of the Sites, you warrant to Pathlight that you will not use our Sites for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Sites immediately terminates without the necessity of any notice. Pathlight retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.
In addition to other prohibitions set forth in these Terms, the following is a partial and nonexclusive list of the kinds of activities and content that are prohibited on or through the Sites. You are specifically prohibited from any use of the Sites, and you agree not to use or permit others to use the Sites, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Sites' infrastructure, including but not limited to "spam" or other such unsolicited mass messaging techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Sites, nor allow or assist any third party to do so (whether or not for your benefit); (d) upload, post, email or otherwise transmit any information or Content, which proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; (f) for any unlawful purpose or to solicit others to perform or participate in unlawful facts; (g) to engage in any activity that might be harmful to minors or others; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality, security or operation of the Sites or any related websites or the Internet; (i) to submit false or misleading information; and (j) to collect or track the personal information of others.
You agree that you will not: 1(a) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy any element of the Sites, or the Content without our prior written permission, provided that generally available third party web browsers may be used without such permission, and (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites.
Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. When you create an account for the Sites, you will be asked to choose a password. When you choose to provide information to the Sites, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and devices so that others may not access the password protected portion of the Sites using your account in whole or in part. You agree to notify us immediately if you suspect any unauthorized use of or access to your account. You agree to comply with all rules, laws, and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
Pathlight reserves the sole right (but is under no obligation) to update, modify, replace, or alter any of the Sites, in whole or in part, from time to time without any liability to you or any third party. Various updates or upgrades may be offered to you, and may be offered to you for a separate fee, and the applicable updates or upgrades may be accompanied by additional terms and conditions. You are under no obligation to accept any update or upgrade for which a fee may be charged; provided, however, that you acknowledge that Pathlight may, in its sole discretion, cease to operate any of the Sites or features within the Sites or older versions of the features and Sites. We reserve the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability to you or any third party.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
Some features or portions of the Sites may enable you to make payments. All payments are subject to any applicable payment terms in your agreement with Pathlight. You agree to pay all fees and charges that you incur or that are incurred through your account. Unless otherwise noted, all currency references are in U.S. dollars.
The Sites may offer features that enable interactions between the Sites and a third-party website or service or contain integration with third-party platforms (each, a "Social Application"), such as enabling you to "share" or "tweet" content from the Sites on other online services. By using such features, you acknowledge and agree to the following: (i) if you use a feature to share information relating to your activity on the Sites, you are consenting to your information and content being shared; (ii) your use of a Social Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Pathlight has not provided such information; and (iii) your use of a Social Application is at your own option and risk, and you will hold Pathlight harmless for the sharing of information relating to your activity on the Sites. You must read all login and other pop-up boxes closely for notices about sharing your content and information with, through or by any other means identified in a Social Application.
You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Pathlight the license below. Upon Pathlight’s request, you will furnish Pathlight any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content. We are and shall be under no obligation (1) to pay compensation for any User Content; or (2) to respond to any User Content.
Pathlight is not responsible for the substance of any User Content and such User Content does not necessarily reflect the views of Pathlight. We may, but are under no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. We may remove or refuse to post any User Content for any reason in our sole discretion.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Pathlight.
You remain the owner of your User Content, but you acknowledge that Pathlight must have a license from you in order to accept your User Content. Accordingly, you grant to Pathlight an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You agree that Pathlight is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, and creating informational articles, without any payment of any kind to you. You authorize Pathlight to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. This may include User Content that you submit through our accounts on social media websites (e.g., Facebook, Instagram, YouTube, Twitter, and LinkedIn). To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You acknowledge that Pathlight may be working on or developing material similar or the same in nature to your User Content and that Pathlight may have received similar or the same intellectual property rights from another party. Pathlight owes you no obligation connected to your submissions unless you and Pathlight enter a written agreement to that effect. Any discussion or negotiations between you and Pathlight regarding your submissions does not constitute recognition of the novelty or originality of your User Content.
You agree that Pathlight has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. Pathlight will not have any obligation to you with regard to User Content and Pathlight may or may not monitor, display, or accept your User Content and may delete it at any time. You are solely responsible for any User Content you submit and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
When you contribute, upload or otherwise provide User Content to the Sites, you agree to comply with the following Community Rules ("Rules"):
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Reporting Copyright and Other Intellectual Property Violations [DMCA Agent registered with Copyright Office. Registration No. DMCA-1035116]
You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. Pathlight encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Pathlight has a designated agent for receiving notices of copyright infringement and Pathlight follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pathlight’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Other Intellectual Property. If you believe that any content on the Sites violates your rights other than copyrights, please provide Pathlight with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Sites or other complaint regarding alleged violation of rights to Pathlight’s copyright agent, who can be reached as follows:
|Mailing Address:||Pathlight Property Management|
Plano, TX 75093
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If we request additional information necessary to make your DMCA notice complete, please provide that information promptly. If you fail to comply, your DMCA notice may not be processed further. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Pathlight will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
The Sites, and communications you receive from Pathlight, may contain links to other third party websites and/or third party content.
Functionality on the Sites may also permit interactions between the Sites and a third party web site or online feature, including applications that connect the Sites or your profile on the Sites with a third party site by logging in through your account with a third party service (including, but not limited to, Facebook or Twitter). For example, the Sites may include a feature that lets you post to your social networking page a link to Platform Content or the ability to share content from the Sites or your User Content posted on the Sites with a third party, which may be publicly posted on that third party’s web site. You may also be able to utilize third party services to transfer banking and other financial information to your Pathlight account. Using this functionality typically requires you to login to your account on the third party site.
The content of any third party sites is not under Pathlight's control, and Pathlight is not responsible for, and does not endorse, such content, whether or not Pathlight is affiliated with the owners of such third party sites. Accordingly, you expressly acknowledge that we make no representation or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third party sites or online features and any reliance placed by you on such materials is at your own risk. If you choose to use applications that connect the Sites or your account on the Sites with a third party site, you acknowledge and agree that you are consenting to the information about your account being shared; and that your use of these third party applications may cause information about you to be publicly disclosed. Pathlight is not responsible for the practices of any third party. Your correspondence and business dealings with third parties found through the Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that Pathlight is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.
Pathlight grants you the revocable permission to link to the Sites; provided, however, that your website, or any third party websites that link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that Pathlight is endorsing or sponsoring it or its products, unless Pathlight has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Pathlight’s sole opinion, harm us or our products or services; (d) must not use any Pathlight’s trademarks without prior written permission from Pathlight; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Sites for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
The Sites may offer features that are available to you via your mobile phone or other mobile device. These features may include the ability to make payments, communicate with us and other registered users, submit maintenance requests, manage your lease, interact and post content, or otherwise access features of the Sites (collectively, “Mobile Features”). Additional terms may apply to your use of any mobile feature. We may serve you some or all of our Mobile Features through an application that is owned and operated by a third party developer. Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Pathlight or other parties. Further, we may collect information related to your use of the Mobile Features. If you use any Mobile Features, you agree to notify Pathlight of any changes to your mobile number and update your account(s) on the Sites to reflect this change.
Full use of certain products and services, including remote access and mobile notifications, is dependent on, among other things, the transmission of data through your wi-fi network, enabled wireless device (such as a phone or tablet), Internet access, and use of a device with compatible software.
The Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
All content on the Sites is provided "as is" and without warranties of any kind either express or implied, other than those warranties which, under the U.S. laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification. Pathlight disclaims any and all warranties, representations, endorsements or conditions of any kind whatsoever, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, title, custom, trade, quiet enjoyment, system integration, freedom from computer virus, or non-infringement, and as to quality, availability and subject matter of content. Neither Pathlight, or its affiliated or related entities, nor the Providers, nor any person involved in the creation, production, and distribution of the Sites warrant that the Sites or access to them will be uninterrupted, secure, or error-free, that defects will be corrected, that the Sites or the servers that make the content available will be free of viruses or other harmful code or components, or that the Sites or its Content will continue to be available. The content that you access on the Sites is provided solely for your convenience and information only. Pathlight does not warrant or make any representations regarding the results that may be obtained from the use of the Sites, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of the Sites.
You expressly agree that use of the Sites is at your sole risk. You (and not Pathlight) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither Pathlight, nor its affiliated or related entities (including any Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of the Sites, is responsible or liable to you or to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of the Sites or any other linked Sites or relating to the Sites in any way. By way of example, and without limiting the generality of the foregoing, Pathlight and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on the Sites. You expressly acknowledge and agree that Pathlight is not liable or responsible for any defamatory, offensive or illegal conduct of other users or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Pathlight’s liability is limited to the greatest extent permitted by law.
By accessing the Sites, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
These Terms are for the benefit of Pathlight and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Unless otherwise specified, the Content contained in the Sites is presented solely for your convenience and/or information. The Sites are controlled and operated by Pathlight from its offices within Plano, Texas. Pathlight makes no representations or warranties that Content in its Sites is appropriate or available for use in other locations. The information provided on the Sites is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Pathlight to any registration requirement within such jurisdiction or country. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
You may not use or export the materials in the Sites in violation of U.S. export laws and regulations. Specifically, no software from the Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (c) to any country or individual in a manner prohibited under the export control laws of the United States or Canada. By downloading any software related to the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Pathlight brings to enforce these Terms, or in connection with any matters related to the Sites, shall be brought only in either the state or Federal courts located in and for Chicago, Illinois and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Pathlight reserves the right to terminate your access to and use of the Sites or any of its features in its sole discretion, without notice and liability, including, without limitation, if Pathlight believes your conduct fails to conform to these Terms. Pathlight also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
Upon termination of your access to the Sites, or upon demand from Pathlight, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Sites and destroy any downloaded or printed Content from the Sites.
Pathlight also reserves the exclusive right to update, modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, or content available on the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that Pathlight will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any part thereof. Pathlight also reserves the right to charge for use of the Sites, in whole or in part, and to change its fees from time to time in its discretion.
The failure of Pathlight to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Pathlight’s rights with respect to such breach or any subsequent breaches. No waiver by Pathlight of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Pathlight. Neither the course of conduct between the parties nor trade practice will act to modify these Terms.
Pathlight may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Pathlight’s prior written consent.
If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Pathlight by virtue of Pathlight having drafted them.
Pathlight will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond Pathlight’s reasonable control, including, without limitation, acts of God, war, terrorism, epidemic or pandemic, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
Provisions of these Terms that would logically survive termination will survive the termination of these Terms for any reason (including without limitation, Disclaimer of Warranties and Liability).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
If a court or other decision-maker should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect.
The communications between you and us use electronic means, whether you visit the Sites or send us emails or other electronic communications, or whether we post notices on the Sites or communicate with you via email or other electronic communications. You (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pathlight provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Notwithstanding any other provision within these Terms, the following additional terms are applicable to those using the Sites on Apple’s iOS platform: You understand that these Terms are between you and us only, and not with Apple. Pathlight, not Apple, is solely responsible for the Sites and there content thereof. You further understand that the Sites may not be used in any manner inconsistent with the Apple App Store Terms of Service as of the Effective Date. You are granted a license to use the Sites on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We are solely responsible for providing maintenance and support for the Sites, as specified in these terms or as required under applicable law. You understand that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sites. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Sites to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Sites to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Sites, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Sites or your possession and/or use of the Sites, including, but not limited to: (i) product-liability claims; (ii) any claim that the Sites fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law. In the event of any third-party claim that the Sites or your possession and use of such Sites infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. If you have any questions or concerns regarding the Sites, please contact us as described below.
If you have any questions about these Terms, please contact us at:
Pathlight Property Management
Plano, TX 75093
Telephone: (800) 527-5030