Terms and Conditions
Last Updated: July 25, 2023
This website is owned and operated by North American Properties and our affiliates (collectively “NAP” or “we/us”). Please read these Terms and Conditions (“Terms”) fully and carefully before using www.naproperties.com or any of our affiliated websites on which these Terms appear (the “Sites”) and any of the services, features or content provided.
Please read this page carefully. By using any NAP Site, you agree to be bound by all of the Terms set forth below. If you do not accept these Terms, please do not use the Sites. NAP may, in its sole discretion, revise these Terms at any time; therefore, you should visit this page periodically to review the Terms.
Use of Site Material
The contents of the Sites, such as text, graphics, images and other content (the “Site Material”) are protected by copyright under both United States and foreign laws. These Terms do not grant you any license whatsoever to the Site Material except as described in this paragraph. Unauthorized use of the Site Material violates copyright, trademark, and other laws. Except as expressly provided herein, you may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other Website or in a networked environment is prohibited. NAP retains all intellectual property rights in the Site Material.
The names, marks and logos appearing on the Sites are, unless otherwise noted, trademarks owned by or licensed to NAP. Your use of these marks, except as provided in these Terms, is prohibited. From time to time, NAP makes fair use in its Sites of trademarks owned and used by third parties. NAP makes no claim to ownership of those marks.
All other trademarks displayed on the Sites are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with NAP or the Sites.
You may be able to register, maintain, and create an Account for the Sites, if you 18 years of age or older. You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer, web-enabled device and/or account. You are liable for all activities conducted in connection with your Account, and the accuracy of all information relating thereto, including contact, technical and payment information and your login credentials. You are responsible for updating your Account information when it changes and notifying us if there has been any unauthorized use of your Account. You will not allow your Account to be shared or used by anyone other than you. We reserve the right to refuse service, terminate accounts, and remove or edit content in our sole discretion.
Account User Responsibilities and Submissions
- Transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner;
- Send material that reveals trade secrets, unless you own them or have the permission of the owner;
- Send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- Send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; Intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law;
- Send advertisements or solicitations of business;
- Use the Sites in violation of any third-party license or agreement;
- Use, modify, copy, or create derivative works from the Sites or any marks without the applicable owner’s written permission, including without limitation using automated or manual means to access or copy content from the Sites;
- Frame, mirror, embed or otherwise incorporate any portion of the Sites in any other site, service or product without the applicable owner’s written permission;
- Send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful content;
- Facilitate the transmission or use of any malicious code, traps, time bombs, malware, viruses, worms, trojan horses and the like;
- Use the Sites in any way not expressly authorized by these Terms;
- Send chain letters or pyramid schemes; or
- Impersonate another person.
NAP reserves the right to expel you and to prevent you further access to the Sites for violating these Terms or the law. The violation of any of these Terms shall result in the immediate revocation of your right to access or use the Sites or Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.
Guest WiFi Access
NAP provides access to a guest wireless network for short-term access to NAP’s WiFi network (the “Network”) at various NAP properties throughout the United States. Network access is provided as a courtesy and convenience to you on an as-is basis, and NAP makes no representations or warranties concerning the availability or security of the Network. Use of our Network is at your own risk. These Terms govern your access to and use of the Network. If you do not want to agree to these Terms, you must not access or use the Network.
Prohibited Uses. You may use the Network only for lawful purposes and in accordance with these Terms. You agree not to use the Network:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- 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.
- To send, knowingly receive, upload, download, use, or re-use any material which violates the rights of any individual or entity established in any jurisdiction.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate NAP, an NAP employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Network, or which, as determined by us, may harm NAP or users of the Network or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the Network or interfere with any other party’s use of the Network, including their ability to engage in real time activities through the Network.
Additionally, you agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the Network for any purpose, including monitoring or copying any Network traffic or resources available on the Network.
- Use any manual process to monitor or copy any Network traffic or resources available on the Network or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Network.
- Introduce or use any malicious code, traps, time bombs, malware, viruses, worms, trojan horses and the like.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Network or any server, computer, database, or other resource or element connected to the Network.
- Violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the Network.
- Otherwise attempt to interfere with the proper working of the Network.
Content Standards. You agree not to use the Network to send, knowingly receive, upload, download, use, or re-use any material that:
- Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
- Is intended or likely to deceive any person.
- Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
- Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.
- Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
- Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Gives the impression that they emanate from or are endorsed by NAP or any other person or entity, if this is not the case.
Monitoring and Enforcement. NAP, in its sole discretion, will determine whether your conduct is in compliance with these Terms. We have the right, but not the obligation, to:
- Take any action we deem necessary or appropriate in our sole discretion if we believe a user’s conduct violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Network or the public, or could create liability for NAP.
- Disclose your identity or other information about you to any third party who claims that material posted by you via the Network violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Network.
- Terminate or suspend your access to all or part of the Network for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who accesses or uses the Network. You agree to indemnify, defend, and hold harmless NAP, its directors, officers, employees, subsidiaries, affiliates, investors, agents, contractors, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
DISCLAIMER OF WARRANTIES
THE SITES, THEIR MATERIAL, AND THE NETWORK ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NAP DOES NOT WARRANT THAT ITS SITES OR NETWORK WILL OPERATE ERROR-FREE OR THAT THE SITES OR NETWORK AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE NETWORK OR NAP SITES OR MATERIAL RESULTS IN ANY DAMAGES, COSTS, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NAP SHALL NOT BE RESPONSIBLE FOR THOSE DAMAGES, COSTS, OR EXPENSES.
NAP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH NAP STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITES AND ON THE NETWORK, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
NAP DOES NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE SITES OR NETWORK OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS, DIRECTIONS, OR RECIPES CONTAINED IN THE SITE MATERIAL.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE SITES OR USING THE NETWORK, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. NAP HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL NAP, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, INVESTORS, AGENTS, CONTRACTORS, LICENSEES, AND SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE NETWORK OR SITES, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF NAP HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITES, SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (e) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITES.
IN NO EVENT WILL NAP’S LIABILITY OR THE LIABILITY OF ITS LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, INVESTORS, AGENTS, AND CONTRACTORS IN CONNECTION YOUR USE OF THESE SITES, UNDER ANY THEORY OF RECOVERY, EXCEED $1,000.
THESE TERMS DEFINE YOUR SOLE AND EXCLUSIVE REMEDY.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS. BY USING THE SITES OR NETWORK, YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING.
By using these Sites and/or the Network, you agree to defend, indemnify, and hold harmless NAP, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including legal and accounting fees) that NAP may become obligated to pay arising or resulting from your use of the Network, the Sites, the Site Material, or your breach of these Terms. NAP reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
NAP does not claim that the Site Material is appropriate or may be used outside of the United States. Access to the Site Material may not be legal by certain persons or in certain countries. If you access the Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms are governed by the substantive laws of the State of Ohio, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of Ohio with respect to any dispute, disagreement, or cause of action related to or involving the Sites. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Sites, these Terms constitute the entire agreement between you and NAP with respect to your use of the Sites.
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party.
You acknowledge and agree that NAP may preserve and disclose the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of these Terms; (c) to render service you request; (d) to protect NAPS’ rights or property; or (e) in circumstances that NAP deems, in its sole discretion, to pose a threat to the safety of you or others.
NAP reserves the right, at any time, to modify, alter, or update these Terms without prior notice. Modifications shall become effective immediately upon being posted on the Sites. Your continued use of the Sites or transactions made after amendments are posted constitutes an acknowledgement and acceptance of these Terms and its modifications. Except as expressly stated herein, these Terms may not be amended.
NAP reserves the right to modify or discontinue the Sites with or without notice. NAP shall not be liable to you or any third party should NAP exercise its right to modify or discontinue the Sites. You acknowledge and accept that NAP does not guarantee continuous, uninterrupted, or secure access to the Sites and operation of the Sites may be interfered with or adversely affected by numerous factors or circumstances outside of NAP’s control.
If you have any questions regarding the Sites, or these Terms please contact NAP by sending an email to: [email protected].