Marquis Towers ATL
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July 24, 2019

PRIVACY POLICY

INTRODUCTION

ACP/DLF Peachtree Center LLC (“Peachtree,” “we,” “our” and “us”) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy (this “Policy”) describes the types of information we may collect from you or that you may provide when you visit peachtreecenter.com, marquistowersatl.com, or utilize our mobile messaging coupon program (collectively, our “Websites” and each a “Website”) and discusses our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. This Policy applies to any personal information, and, in certain applicable instances, other information, collected on our Websites and collected through our business operations. We use the information we collect from you to improve our Websites and to provide you with a more personalized experience on our Websites. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using our Websites, you agree to this Policy. This Policy may change from time to time (see CHANGES TO OUR PRIVACY POLICY). Your continued use of our Websites after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

INFORMATION WE COLLECT ABOUT YOU

When we collect information from you, our primary goal is to provide you with an efficient and more personalized experience on our Websites. We collect information about you, including Personally Identifiable Information (“PII”), from the information you voluntarily provide to us and through automatic data collection technology. PII is any information that can be used on its own or with other information to personally identify you as an individual. In some jurisdictions, PII may also include technical information such as Internet Protocol (“IP”) addresses. PII that you may voluntarily provide to us includes, without limitation, the following:

  • Name;
  • E-mail address; and
  • Telephone number.

Information that we collect through automatic data collection technology includes, without limitation, information about your internet connection, IP address, referrers, search terms, page views, operating system and browser type.

If you submit any PII relating to other people to us in connection with our Websites, you represent that you have the authority to do so and to permit us to use such PII in accordance with this Policy.

HOW WE MAY COLLECT YOUR INFORMATION

We may collect information in several ways, including:

  • Directly from you: If you contact us, then we may collect information, including PII, through records and copies of your correspondence with us. We may also collect information, including PII, when you respond to our questions via e-mail or feedback forms. If we collect information directly from you, then you may have the option to refuse to provide us with such information. However, if you decline to provide us information, then this may impact your ability to use our Websites.
  • Offline: You may provide information, including PII, to us when you contact a Website representative.
  • Through cookies: A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies allow our Websites to serve the user with specific information tied to the user and help facilitate ongoing access to our Websites. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Websites. This Policy covers the use of cookies by only us. We may use the following types of cookies on our Websites:
  • Essential Cookies – These cookies allow you to browse our Websites and use certain features. If you disable these essential cookies, then you may be unable to use certain features.
  • Advertising Cookies – These cookies gather information about your use of our Websites so that we can improve your experience and provide you with more relevant content and advertising. These cookies are also used to gather feedback on certain marketing materials.
  • Preference Cookies – These cookies allow us to recognize your device so that you do not have to provide us with the same information more than once. If you disable these preference cookies, then our Websites may not be able to remember certain choices that you previously made or personalize your browsing experience.
  • Performance Cookies – These cookies collect information about how you use our Websites, such as which pages you most frequently visit. We use performance cookies to provide you with a high-quality experience by doing things such as tracking page load, site response times and error messages.
  • Through server log files: Like most standard websites, our Websites use log files to collect information about your computer and internet connection, which may include information about your IP address, browser type, internet service provider, referring/exit pages, platform type, date/time stamp, and number of clicks. This information may be used to analyze trends, administer the site, track your movement in the aggregate, and gather broad demographic information for aggregate use.
  • Through internet tags: Internet tags are smaller than cookies and tell our Websites server information such as the IP address and browser type related to your computer.

We will rely on consent, which in some cases may be implied, to use technical information that is collected through our use of cookies, server log files or internet tags. You may withdraw consent at any time by contacting us as described in this Policy.

We may also use cookies and server log files to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Note that your browser settings may allow you to send a “Do Not Track” signal to websites you visit. If you elect to send a “Do Not Track” signal when you visit one of our Websites, we will not track your visit to such Website. To find out more about “Do Not Track” signals, visit http://www.allaboutdnt.com.

The information we collect automatically is statistical data and may, depending on applicable law, include PII, and we may maintain it or associate it with PII we collect in other ways. It helps us to improve our Websites by enabling us to speed up your searches, recognize you when you return to our Websites and store information about your preferences.

HOW WE MAY USE YOUR INFORMATION

To the extent permitted by applicable law, we may use information, including PII, that we collect:

  • To contact you through email correspondence.
  • To supply information to you upon your request.
  • To present our Websites and their contents to you in a fashion customized to match your preferences.
  • To personalize your experience on our Websites.
  • To allow you to participate in interactive features on our Websites.
  • To provide you with certain promotional offers.
  • To carry out obligations and enforce our rights arising from any contract entered into between you and us.
  • To pursue our legitimate interests.
  • To comply with legal process.
  • To respond to request from public and government authorities.
  • To enforce our Terms of Use.
  • To protect our operations.
  • To protect our rights, privacy, safety or property, and that of you or others.
  • To allow us to pursue available remedies or limit the damages that we sustain.

DISCLOSURE OF YOUR INFORMATION

To the extent permitted by applicable law, your PII may be disclosed:

  • To contractors, service providers, and other third parties who we use to support our business such as website support, data analysis, IT services, customer service and other services.
  • To any third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of any or all portion of our business, assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms and Conditions and other agreements that we may have with you.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us or others.
  • With your consent.
  • For any other purpose disclosed by us when you provide the information.

We will not disclose or sell any PII to any unaffiliated third party for direct marketing purposes without your consent.

THIRD PARTY COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION

Our Websites may contain links to various third party websites, such as news stories or transportation websites. These third party websites may collect PII and other related information. This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including any third party operating any site to which our Websites contain a link. The inclusion of a link on our Websites does not imply endorsement of the linked site by us.

Additionally, some content or applications on our Websites are served by third parties. These third parties may use cookies or other tracking technologies to collect information about you when you use our Websites. The information they collect may be associated with your PII or they may collect information, including PII, about your online activities over time and across different websites and other online services.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions, you should contact the responsible provider directly.

CHOICES AND ACCESS

We strive to provide you with choices regarding our use and disclosure of PII. We have created mechanisms to provide you with the following control over your PII:

  • You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. However, if you select this setting you may be unable to access certain areas of our Websites.
  • If at any time you wish to stop receiving communication from us, please just let us know by contacting us in the manner listed below (see CONTACT INFORMATION).

To review, correct, update, delete or otherwise limit our use of your PII or other information (such as behavioral tracking), please contact us using the contact information listed below (see CONTACT INFORMATION).

By participating in Peachtree’s Mobile Coupon Program, you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from Peachtree’s Mobile Coupon Program text list you must text STOP to 76671 to opt-out. This is the exclusive method for opting out. After texting STOP to 76671 you will receive one additional message confirming that your request has been processed. Text HELP to 76671 for help or contact customer care at www.vibes.com/help.

In the event that you change or deactivate your mobile number it is your responsibility to notify Peachtree at www.vibes.com/help to have your number removed. The mobile carriers are not liable for delayed or undelivered messages.

SECURITY

When users submit sensitive information via our Websites, their information is protected both online and offline. Prevention of unauthorized access or disclosure of data is of the utmost importance. Physical, administrative and technical procedures are employed to safeguard all collected information.

All data transactions occurring over a public network (i.e. the Internet) are encrypted using SSL technology. Specific certifier details can be inspected in your browser during a secure session (see browser-specific help for details).

Access to PII and data by our employees is limited to those persons or agents of Peachtree that have a specific business purpose for maintaining and processing such PII. These individuals are made aware of their responsibilities to protect the security of that PII and also uphold the principles of confidentiality and integrity.

The safety and security of information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. Please do not share your password with anyone. Sharing of account passwords is considered an acceptable use violation and may result in loss of access to our Websites.

Unfortunately, new vulnerabilities arise in the realm of technology every day. Although we strive to protect your information, circumstances beyond our control may compromise that goal. As with any website, please be conscious of the data you share. If you are not comfortable providing any information, it is your right to withhold it. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE ARE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE, EXCEPT AS PROVIDED UNDER APPLICABLE LAWS.

INDEMNITY

As a condition to accessing or using our Websites, you agree to indemnify and hold harmless Peachtree, its affiliates and its and their respective directors, managers, officers, employees and agents against any and all liabilities, expenses (including, without limitation, attorney’s fees and court costs) and damages arising out of or otherwise in connection with third party claims resulting from or otherwise in connection with your access to or use of our Websites, including, without limitation, any claims alleging facts that, if true, would constitute a breach of the terms and conditions stated in this Policy.

RETENTION PERIOD

We may retain your PII for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.

CHANGES TO OUR PRIVACY POLICY AND MOBILE COUPON PROGRAM

If we decide to change this Policy, we will post any changes we make on this page with a notice that this Policy has been updated on the home page of our Websites. Any changes to this Policy will become effective when we post the revised Policy on our Websites. The effective date for this Policy is identified at the top of this page. You are responsible for periodically visiting our Websites and this Policy to check for any changes. Your use of our Websites following these changes means that you accept the revised Policy.

Additionally, Peachtree reserves the right to alter the message frequency of our Mobile Coupon Program at any time (i.e. Peachtree may change the frequency of texts that you receive under the Mobile Coupon Program). We will notify you via text if we change the frequency and provide you with the opportunity to opt out.

CHILDREN UNDER THE AGE OF 13

Our Websites are not intended for children under 13 years of age and we do not knowingly collect PII from children under 13 years of age. In the event that we learn that we have collected personal information from a child under 13 years of age, we will delete such personal information as soon as possible. Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act.

CALIFORNIA PRIVACY RIGHTS

Currently, we do not disclose any PII to third parties for direct marketing purposes. However, pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of PII that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of PII that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.

CONTACT INFORMATION

If you have any questions, comments or concerns about this Policy or other privacy-related matters, then you may contact us in the following ways:

Mailing Address: Peachtree Center
Attn: Management Office
225 Peachtree Street NE
Suite 200 – South Tower
Atlanta, GA 30303

Email Address: lbland@banyanstreet.com

Phone Number: 1-404-524-3787

USERS FROM THE EUROPEAN UNION AND SWITZERLAND

This section of this Policy applies to users of our Websites from a Member State of the European Union or Switzerland, and supplements the other information in this Policy.

To the extent that Peachtree is subject to the laws of the European Union when processing personal data (“Personal Data”), it shall be the data controller under such laws.

LAWFULNESS OF PROCESSING

Our legal basis for processing your Personal Data is that such processing is necessary for the purposes of the legitimate interests pursued by us. In some instances, your consent may be required for the processing of your Personal Data for one of the purposes set out in this Policy.

CROSS-BORDER TRANSFER

When Personal Data is transferred out of the country where the owner of that Personal Data lives, such as from citizens of the European Union and Switzerland to the United States of America, different standards may apply to how your Personal Data is used and protected in those countries. We have appropriate safeguards in place in accordance with applicable legal requirements to adequately protect your Personal Data irrespective of the country. If you prefer not to have your Personal Data transferred, then do not access or use our Websites.

YOUR RIGHTS

If you are in the European Union or Switzerland, then you also have the right to request access to, rectify, or erase your Personal Data. You also have a right to the objection to or restriction of processing, as well as the right to data portability, when applicable. If Peachtree has processed your Personal Data based on your consent, then you have a right to withdraw it at any time. When we receive a request from you to exercise one of these rights, we will respond to your request as quickly as possible, but no later than thirty (30) days after we receive your request.

SUMMARY

We are concerned about privacy issues and committed to protecting your privacy and information. We use the information we collect to provide you with an efficient and personalized experience on our Websites.

If you have any questions, comments or concerns about this Policy or other privacy-related matters, then please contact us via our email address or phone number listed above (see CONTACT INFORMATION).

TERMS AND CONDITIONS

Acceptance of the Terms and Conditions

These terms and conditions are entered into by and between you and ACP/DLF Peachtree Center LLC (the “Company”, “we” or “us”).  Your access to, browsing of or use of this website and any mobile sites and applications, including, without limitation, the Company’s Mobile Coupon Program (collectively, the “Website”) is subject to the following terms and conditions (the “Terms and Conditions”) as well as all applicable laws.  Please read the Terms and Conditions carefully.  By accessing, browsing or using the Website, you accept and acknowledge your assent to, without limitation or qualification, the Terms and Conditions and our Privacy Policy  If you do not agree to the Terms and Conditions or the Privacy Policy, then please do not access, browse or use the Website.

Mobile Coupon Program

By participating in the Company’s Mobile Coupon Program, you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in.  Consent is not a condition of purchase.  Message & data rates may apply. If you would like to be removed from the Company’s Mobile Coupon Program text list you must text STOP to 76671 to opt-out.  This is the exclusive method for opting out.  After texting STOP to 76671 you will receive one additional message confirming that your request has been processed.  Text HELP to 76671 for help or contact customer care at www.vibes.com/help. 

In the event that you change or deactivate your mobile number it is your responsibility to notify the Company at www.vibes.com/help to have your number removed.  The mobile carriers are not liable for delayed or undelivered messages.

Changes to the Terms and Conditions and the Mobile Coupon Program

We may revise and update the Terms and Conditions from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes.  You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.

With respect to the Company’s Mobile Coupon Program, the Company reserves the right to alter the message frequency of our Mobile Coupon Program at any time (i.e. the Company may change the frequency of texts that you receive under the Mobile Coupon Program).  We will notify you via text if we change the frequency and provide you with the opportunity to opt out.

Copyright 

All designs, text, graphics, the selection and arrangement thereof, and all code and software on and in the Website are Copyright 8 2019, ACP/DLF Peachtree Center LLC, a Delaware limited liability company.  All rights reserved.  You should assume that the underlying code and everything you see or read on the Website (collectively, the “Information”) is copyrighted unless otherwise noted.  The Information may not be used other than in accordance with the Terms and Conditions without the prior written consent of the Company.  The redistribution, retransmission, republication, sale or commercial exploitation of the Information is expressly prohibited without the prior written consent of the Company, except that you may view and download one copy of the Information to one computer for your own personal, non‑commercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices.  The Company neither warrants nor represents that your use of the Information will not infringe upon the rights of third parties not owned by or affiliated with the Company.  You may not use any type of automated method of retrieving data from the Website, nor access, acquire, copy or monitor the Website or the Information, nor in any way reproduce or circumvent the navigational structure or presentation of the Website or the Information.  You may not obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website without the prior written consent of the Company.

Trademarks

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of the Company and others.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written consent of the Company or such third party that may own the Trademarks displayed on the Website.  The Trademarks displayed on the Website may not be used other than in accordance with the Terms and Conditions.  You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Prohibited Activities

The Information, as well as the infrastructure used to provide such Information, is proprietary to the Company or the Company’s providers.  You agree not to: (a) use the Website or the Information for any commercial purpose; (b) access, monitor or copy any Information using any robot, spider, scraper or other automated means or any manual process for any purpose without the prior written consent of the Company; (c) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (d) take any action that imposes, or may impose, in the Company’s discretion, an unreasonable or disproportionately large load on the Company’s infrastructure; (e) deep-link to any portion of the Website for any purpose without the prior written consent of the Company; or (f) “frame,” “mirror” or otherwise incorporate any part of the Website into any other website without the prior written consent of the Company.

Errors and Omissions

Although the Company uses its best efforts to provide Information that is accurate and up to date at the time it is posted, the Company assumes no liability or responsibility for any errors or omissions in the Information.  The Information may contain technical inaccuracies, typographical errors or information that may have become outdated over time.  While the Company may revise the Information from time to time, the Company does not undertake, and hereby disclaims, the duty to correct, keep current or update the Information. 

THE COMPANY IS PROVIDING THE WEBSITE AND THE INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, THE INFORMATION OR ANY WEBSITE THAT IS HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF THE INFORMATION, AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Disclaimer of Liability

Your access to, browsing of or use of the Website is at your own risk. 

NEITHER THE COMPANY NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR THE INFORMATION SHALL BE LIABLE FOR ANY DAMAGES, LOSSES OR OTHER LIABILITIES, INCLUDING, WITHOUT LIMITATION, (A) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO DATA, SOFTWARE OR COMPUTER EQUIPMENT, (C) LOSS OF OR DAMAGE TO INCOME OR PROFITS, (D) LOSS OF OR DAMAGE TO PROPERTY OR (E) CLAIMS OF ANY PERSON OR ENTITY, WHETHER BASED IN LAW OR IN EQUITY OR ON STATUTE, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY REASON ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, BROWSING OF OR USE OF THE WEBSITE, THE INFORMATION OR ANY WEBSITE HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, VIRUS, TROJAN HORSE, WORM OR OTHER HARMFUL COMPONENT, OR LINE FAILURE, OR ANY DECISION MADE OR ACTION OR INACTION IN RELIANCE ON THE WEBSITE, THE INFORMATION OR ANY WEBSITE HYPERLINKED HERETO OR HEREFROM. 

Please note that some jurisdictions may not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to you.

Indemnification

As a condition to accessing, browsing or using the Website, you agree to indemnify and hold harmless the Company, its affiliates and its and their respective directors, managers, officers, employees and agents against any and all liabilities, expenses (including, without limitation, attorney’s fees and court costs) and damages arising out of or otherwise in connection with claims resulting from or otherwise in connection with your access to or use of the Website, including, without limitation, any claims alleging facts that, if true, would constitute a breach of the Terms and Conditions.

Products and Services

The products and services described on the Website may not be available in all geographic areas.  Not all persons or entities are eligible for all of the products or services described.  The Company reserves the right to determine, in its sole discretion, the eligibility for any such product or service.  The Company may at any time and without notice make changes in, temporarily suspend or permanently discontinue the products or services described on the Website.

Cookies

 

The Company may set and access cookies on your computer.  A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies allow the Website to serve the user with specific information tied to the user and help facilitate ongoing access to the Website.  You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website.

Off-Website Links

The third-party Websites hyperlinked to or from the Website are not under the control of the Company.  The Company has not reviewed any or all of the third-party Websites hyperlinked to or from the Website.  The Company does not make any representations or warranties regarding, and is not responsible for, the content or accuracy of any third-party Websites hyperlinked to or from the Website.  The products and services which can be accessed, purchased or obtained through such third-party Websites are from persons or entities other than the Company.  The Company does not make any representations or warranties of any kind, including warranty of merchantability or warranty of fitness for a particular purpose, with regard to such services and products.  If you chose to hyperlink to or from any third-party Website hyperlinked to or from the Website, then doing so shall be at your own risk and the Company recommends that you carefully review such third-party Websites’ terms and conditions and security and privacy policies, as they may differ from those of the Company.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and agree to it.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with the Terms and Conditions.  You agree not to use the Website (a) in any way that violates any applicable federal, state, local, or international law, rule or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries), (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms and Conditions, (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation, (e) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Prohibited Jurisdictions

The Company does not authorize the downloading or exportation of the Information or any software or technical data from the Website to any jurisdiction which prohibits the downloading or exportation of such Information or data or to any jurisdiction prohibited by United States export control laws.

Choice of Law, Arbitration and Class Action Waiver

The Website, the Information, the Terms and Conditions, any suit, claim, action or proceeding arising out of, or with respect to, any of the foregoing, or any judgment entered by any court in respect thereof, shall be governed by and construed in accordance with the laws of the State of Delaware without regard to any conflicts of laws principles which might direct the application of the laws of another jurisdiction. 

Any dispute or claim arising out of, or with respect to, the Website, the Information or the Terms and Conditions, will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.  You and the Company hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration.  Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”).  However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement to arbitrate, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules.  The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT TO ARBITRATE DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD.  RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.  FURTHER, AND UNLESS YOU AND THE COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and the Company are each responsible for your respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  The Company, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous.  Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

Amendments

The Company may at any time and without notice revise the Terms and Conditions by updating this posting.  You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.  You should also know that the Company continuously revises the Information.

Severability

In the event that any one or more of the provisions contained in the Terms and Conditions shall be declared invalid, void or unenforceable, the remaining provisions of the Terms and Conditions shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner in which it was written.

Contact Information

If you have any questions, comments or concerns about the Terms and Conditions, then you may contact us in the following ways:

Mailing Address:        Peachtree Center
Attn:  Management Office
225 Peachtree Street NE
Suite 200 – South Tower
Atlanta, GA 30303

Email Address:           lbland@banyanstreet.com

Phone Number:           1-404-524-3787