Terms of Use

Posting Date: 4-25-19

Effective Date: 5-25-19

 

Kitson & Partners – Terms of Use

Kitson-Evergreen, LLC, KE Babcock Holdings, LLC, Babcock Property Holdings, L.L.C., KE Talis Park Holdings, LLC, KE Talis Park Properties, LLC, Ecologic Waste Management, LLC, MSKP Town & Country Utility, LLC, Babcock Ranch Irrigation, LLC, Trails End Table & Tap, LLC, Babcock Ranch Hatchery Operations, LLC, Babcock Ranch Market and Café Operations, LLC, d/b/a Recharge Juice Co., Babcock Ranch Outfitter Operations, LLC, Babcock Ranch Real Estate, LLC, Babcock Ranch Town Operations, LLC; Babcock Ranch Residential Association, Inc. , Babcock Ranch Commercial Association, Inc., Talis Park Golf Club, Inc., Talis Park Community Association, Inc. and all affiliates (collectively, the “Companies”) are pleased to provide our websites (which include, but are not limited to: kitsonpartners.com; www.babcockranch.com; www.babcockranchliving.com; talispark.com; tableandtap.co; hatcheryco.work; and www.talisparkgolf.com), and our mobile applications (which include, but are not limited to, The Key and Talis Park mobile applications) (collectively, the “Sites”) as a service to our customers.  Please review the following Terms of Use, which govern your use of the Sites (the “Agreement”).

By accessing and browsing a Site, or by using and/or downloading any content from a Site, you acknowledge, accept, and agree to be bound by the Agreement, as outlined below.  We reserve the right to update or modify the Agreement at any time without prior notification.  For this reason, we encourage you to review the Agreement whenever you access, browse, or otherwise use a Site.  If you do not agree with the terms below, you are prohibited from using or accessing the Sites.


Purpose of Website

The information presented on the Sites is intended for general information only and should not be construed as legal advice, consultation or service, or a professional relationship with the Companies.

 

Liability and Warranties

The information included in the Sites may include errors. All content and material on the Sites is provided to you “as is” and “as available” without warranty of any kind. The Companies reserve the right to correct any error, inaccuracy, or omission, and to change or update information on the Sites at any time without prior notice.

 

The Companies do not warrant that this site will be error-free, virus-free, or free from other harmful components. Additionally, the Companies do not make any warranty or representation, expressed or implied, regarding the operation of the Sites and the services available on the Sites. The Companies are not and will not be liable for any damages or loss in revenues or profits that result as a use of the Sites or of the content and services available through the Sites.

 

Intellectual Property

Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips, product names, and other content, and the copyrights, trademarks, trade dresses, and/or other intellectual property in such materials (collectively, the “Content”), are owned, licensed, and/or controlled by the Companies.  You acknowledge and agree that the Content constitutes proprietary information protected by laws and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Sites.

 

Scope of Use and Restrictions

You may access and use the Sites only for your personal use, in accordance with all applicable laws. You may not access, use, or copy any portion of the Sites through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You may download or copy the Content and other downloadable materials displayed on the Sites for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Content and/or the Sites.  You agree not to remove or modify any copyright notice, trademark legend, author attribution, or other notice placed on or contained within the Content and/or Sites. Except as expressly authorized by the Companies in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Sites or Content.

In connection with your access and use of the Sites and that of any person authorized by you to access and use the Sites, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Sites, you may not cause or permit any person to do any of the following:

  1. use the Sites or Content for any unlawful purpose;
  2. use the Sites to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
  3. impose an unreasonably or disproportionately large load on the Sites or otherwise interfere with or inhibit any other user of the website from using or enjoying it;
  4. use the Sites to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
  5. use the Sites to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
  6. use the Sites to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication; and
  7. harvest or collect information about visitors of the Sites without their and the Companies’ express consent.

 

Account Registration, Access, and Security

You may be required to register with the Companies in order to access and use the Sites or certain portions thereof. In doing so, you agree to provide and maintain true, accurate, and complete information about yourself. If you are under 13 years of age, you may not use or register to use the Sites.

You are responsible for the confidentiality and use of your account, including your username(s) and password(s). You agree not to hold the Companies liable for any damages of any kind resulting from your decision to disclose your username(s) and/or password(s) to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy, or advisor. If you inform the Companies, or if the Companies have reason, to believe that the security of your account(s) may be or has been compromised, we have the right to suspend or terminate your such account(s).

You agree to immediately notify the Company if you become aware of any loss or theft of your username(s) and/or password(s), or any unauthorized use of your username(s) or password(s), or of the Sites.

 

Personal Information

Our Privacy Policy, which can be found at kitsonpartners.com/privacy-policy/, governs your submission of personal information through the Sites.  This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

 

Submissions

By disclosing or offering any information to us, including comments, computer files, documents, graphics, suggestions, ideas, or other information not otherwise covered by our Privacy Policy (each, a “Submission”), either through your use of the Sites or otherwise, you authorize the Companies to make such copies thereof as we deem necessary, including to facilitate the posting on the Sites and/or storage of the Submission. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to the Companies an irrevocable, perpetual, non-exclusive, transferable, fully paid, sub-licensable, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Sites or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.

By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof. In connection with your Submissions to portions of the Sites that allow user-generated content, we may, in our sole discretion, remove any of your Submissions at any time, without notice.

You agree to defend and indemnify the Companies against any claim, and all resulting losses (including reasonable attorneys’ fees), made by any third party arising out of any of your Submissions, or any other content, data, or information that you submit, post to, or transmit through the Sites.

 

Web Links

Links provided on this website that link to third party external websites are for general informational purposes only. The Companies do not adopt or endorse any third-party statements contained or presented on such websites.

 

Amendments

The Companies reserve the right to change the Terms of Use at any time. If any changes are to be made, they will be announced on the Sites.