TERMS AND CONDITIONS OF USE
Welcome to Ashoka Lion Consulting!
1. DESCRIPTION OF SITE
Ashoka Lion, LLC maintains the Site for your information and education as to the services Ashoka Lion, LLC provides. Specifically, the Site provides information regarding real estate consulting including but not limited to association management, rental property management, and sales and leasing services. Furthermore, the Site provides access to property owner, tenant, and vendor login portals however such access is not covered by this Agreement. You are responsible for maintaining your own access to the internet.
2. USER OBLIGATIONS
You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Service. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Service. While using the Service, you agree not to:
§ impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
§ restrict or inhibit any other user from using and enjoying the Service;
§ violate any applicable laws or regulations;
§ post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
§ post or transmit any software or other materials which contain any virus, trojan horses, worms, defects, date bombs, time bombs, other harmful component or items of destructive nature;
§ post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
§ modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
§ remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
§ use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service;
§ engage in spamming or flooding; and
§ upload to, post, transmit through, reproduce or distribute in any way (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, including without limitation, derivative works; (b) any confidential, proprietary or trade secret information us or of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
3. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLY BY APPLICABLE LAW, IN NO EVENT SHALL ASHOKA LION, LLC OR ITS AFFILIATES, PARTNERS, LICENSORS, ADVERTISERS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOSS OF DATA) OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING TO THE SERVICE, OR TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE, AND AGGREGATE LIABILITY OF ASHOKA LION, LLC TO YOU FOR ANY AND ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, ARISING IN CONNECTION WITH THIS AGREEMENT THE SITE OR THE SERVICE, SHALL NOT EXCEED THE TOTAL FEES PAID TO ASHOKA LION, LLC BY YOU DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND ASHOKA LION, LLC RELATING TO THE PROVISION OF THE SERVICE TO YOU AND ASHOKA LION, LLC WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION.
4. TERM AND TERMINATION OF USE
This Agreement will become effective and binding when you have acknowledged your acceptance of all the terms and conditions herein by following the instructions set forth on the Site. We will require you to indicate your agreement by selecting a particular check box and/or clicking a particular button during the process of registering for the Service. Once in effect, this Agreement shall remain effective until termination as set forth herein. However, even after termination, the provisions of sections III and VI of this Agreement will remain in effect. You may terminate this Agreement at any time and for any reason by providing notice to Ashoka Lion, LLC in the manner specified on the Site or by choosing to cancel your access to the Service using the tools provided for that purpose within the Site. We may, in our sole discretion, immediately terminate this Agreement, and/or your access to and use of the Service or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Notwithstanding the foregoing, Ashoka Lion, LLC also reserves the right to terminate this Agreement at any time and for any reason by providing notice to you either through email or other reasonable means. Upon termination of these Terms, your right to access and/or use the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease.
5. MODIFICATION OF TERMS
Ashoka Lion, LLC reserves the right to at any time change all or any part of the terms of this Agreement. Any changes we make will be effective immediately upon notice. You will be notified of any such changes via e-mail (if you have provided a valid email address) and/or by posting notice of the changes on the Site. Any such changes will become effective when notice is received or when posted on the Site, whichever first occurs. Your continued use of the Service after such notice will be deemed acceptance of such changes. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Site following notice of any such changes will indicate your acknowledgment of such changes and agreement to be bound by such changes.
6. OWNERSHIP AND INTELLECTUAL PROPERTY NOTICES
Ashoka Lion, LLC and/or its vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and all information, content, software and materials provided by or on behalf of Ashoka Lion, LLC. By accessing and using the Site, you agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by Ashoka Lion, LLC, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent. You further agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site or the Service. You may not de-compile, disassemble, reverse engineer or otherwise attempt to obtain or access the source code from which any component of the Site or the Service is compiled or interpreted, and nothing in this Agreement may be construed to grant any right to obtain or use such source code.
“AshokaLion.com” and “Ashoka Lion” is a trade name owned by Ashoka Lion, LLC. The trade names, trademarks and service marks owned by Ashoka Lion, LLC, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the website and/or the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
7. NO OFFER OF PERSONAL ADVICE.
The information included on this site is provided only to give you a basic understanding of the services provided by Ashoka Lion, LLC and real estate markets and is not intended to provide specific investment advice for you, and should not be relied upon in that regard. No statement in this website is to be construed as furnishing investment advice or constituting a recommendation regarding the purchase or sale of any real properties. You should not act or rely on the information on this site without seeking the advice of your real properties adviser, legal adviser, or tax adviser who will ensure that your own circumstances have been considered and that action is taken on the latest available information.
8. POLICY FOR IDEA SUBMISSION
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Ashoka Lion, LLC, you automatically forfeit your right to any intellectual property rights in such ideas and suggestions; and (ii) unsolicited ideas and suggestions submitted to Ashoka Lion, LLC or any of its employees or representatives automatically become the property of Ashoka Lion, LLC. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. If we are interested in pursuing any idea or suggestion of yours, we will contact you.
You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the Service or the Site, or the transactions contemplated in this Agreement. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of this Agreement is void. This Agreement and the rights and obligations of the parties with respect to the Site and the Service will be subject to and construed in accordance with the laws of the State of Texas, excluding conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of any State or Federal court located in the State of Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. This is the entire agreement between you and Ashoka Lion, LLC with regard to the matters described herein and govern your use of the Service and the Site, superseding any prior agreements between you and Ashoka Lion, LLC with respect thereto. If any provision of this Agreement, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, and the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with our prior written consent. Regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Service or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.