FLETCHER'S FIELD LLC
TERMS OF USE AGREEMENT
Welcome to the website for Fletcher's Field LLC (hereinafter “Fletcher's Field” or “we” or “our”).
Your use of our website located at www.fletchersfieldapartments.com (the "Site") or any of the
services offered on the Site (the "Services") is subject to these Terms of Use (the "Terms").
Your use of the Site constitutes your binding acceptance of these Terms, including any modifications
made to the Terms. Read these terms carefully and completely as they set forth your rights and obligations
with respect to your use of the Site. If you do not wish to be bound by the Terms, you may not access or use the Site.
Acceptance of the Terms. Fletcher's Field is pleased to provide the information on the Site conditioned upon your
acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated
and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most
current version of the Terms at any time by clicking on the "Terms of Use" link on our Site. We hope that you will find
the information provided on the Site informative and useful. Please feel free to contact us with your thoughts about the
Site or to request more information about Fletcher's Field. Fletcher's Field has the right, but not the obligation, to take any of the
following actions without providing any prior notice to you:
1) change or terminate all or any part of our Services;
2) restrict or terminate your access to all or any part of our Services; or
3) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
Access to the Site. Fletcher's Field is providing you with the information and functionality in the Site.
You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the
Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site
is available only to individuals and entities who can form legally-binding contracts under applicable law. Without
limiting the foregoing, you must be 18 years of age or older to register for and/or use the Site. If you do not qualify,
please do not use the Site. Fletcher's Field reserves the right to deny access and/or registration to the Site to anyone at any
time in its sole and absolute discretion. Further, Fletcher's Field reserves the right to refuse to provide the Services and/or
to cancel any service requests at any time in its sole and absolute discretion.
User Obligations. In consideration of your use of the Site and/or the Services, you agree to be subject to certain
obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current
and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is
unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if
Fletcher's Field has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Fletcher's Field
has the right to refuse any and all current or future use of the Site (or any portion thereof).
Account and Password Security. Depending upon the Services you seek to access on the Site, Fletcher's Field may request
that you register on the Site and set up an account and password. You agree and acknowledge that you will not allow others to utilize
your account and that you will not disclose your password to anyone. You are responsible for maintaining the confidentiality of your
password and account, and are fully responsible for all activities that occur under your password and account. If you lose control of
your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions
taken on your behalf. You agree to: (i) immediately notify Fletcher's Field of any unauthorized use of your password or account or any breach
of security, (ii) immediately change your password if you become aware that your account has been compromised, and (iii) ensure that you
fully exit from your account at the end of each session. You further agree not to use anyone else's password on the Site or attempt to gain
access to the account of any other person. Fletcher's Field cannot and will not be liable for any loss or damage arising from your failure to comply
with this provision.
Limits on Liability. Fletcher's Field will not be liable for:
1) the contents of any communication, message, or information posted by you or other third parties;
2) the content of any website not controlled, owned, or operated by Fletcher's Field that is accessed from or linked to this Site;
3) the content, services or information provided by any website purporting to be operated by Fletcher's Field or its affiliates,
but not actually affiliated with, controlled, owned, or operated by Fletcher's Field ;
4) any damages or injury caused by, including but not limited to, any failure of performance, error,
omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
5) any direct, indirect, incidental, special, punitive or consequential damages arising out of or relating to use of
or inability to use the Site, even if Fletcher's Field has been advised of the possibility of such damages,
including but not limited to, loss of profits, loss of data or loss of use damages. Because some states do not
allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may
not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole
and exclusive remedy is to discontinue using the Site.
Content. All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time.
The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating
to pricing or availability that are applicable to your transaction. Fletcher's Field shall not assume any responsibility or liability for
any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such
inaccuracies. Fletcher's Field reserves the right to make changes, corrections, cancellations and/or improvements to the information on the
Site, and to the properties and programs described on the Site, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations,
services, and other information provided through the Site. You acknowledge that you may not rely on any content on the Site. Fletcher's Field does
not endorse or represent the reliability, accuracy or quality of any information or non-Fletcher's Field services displayed or advertised on the Site.
We make no representations or warranties, express or implied, with respect to the information provided on this Site.
Third Party Websites. Although we hope that you will find the material on this Site informative, the material and links to
third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these
sites by us should not be interpreted as endorsement or approval by Fletcher's Field of the organizations sponsoring these sites or their products or
services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party
website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because Fletcher's Field
has no control over third-party websites and resources, you acknowledge and agree that Fletcher's Field is not responsible for the information and contents of
such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products,
services or other materials on or available from such sites or resources. You further acknowledge and agree that Fletcher's Field shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content,
information, goods, or services available on or through any such site or resource.
Proprietary Rights. You acknowledge and agree that content contained in the Site or information presented to you through the Site may be
protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Fletcher's Field or its affiliates,
you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You
may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly
prohibited by applicable law. Those portions of the Site owned by Fletcher's Field are the copyright of Fletcher's Field. All rights reserved. You agree that all of
Fletcher's Field’s trademarks, trade names, service marks, logos and service names are trademarks and are property of Fletcher's Field (the "Fletcher's Field Marks").
You agree not to display or use in any manner the Fletcher's Field Marks, without the express prior permission of Fletcher's Field.
No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site,
use of the Site, or access to the Site.
Indemnification. You agree to indemnify, defend and hold Fletcher's Field, its directors, officers, employees, agents, and other partners harmless
from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site,
your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.
Fletcher's Field shall have the right to participate, at its sole expense, in the defense of any indemnified claim, through counsel of its own choosing.
Enforcement. Fletcher's Field does not assume responsibility to you or others for any failure by Fletcher's Field to enforce the provisions contained in the Terms.
Termination. You agree that Fletcher's Field, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for
any reason, including, without limitation, for lack of use or if Fletcher's Field believes that you have violated or acted inconsistently with the letter or spirit of the
Terms. Fletcher's Field may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination
of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Fletcher's Field may immediately bar any further
access to the Site. Further, you agree that Fletcher's Field shall not be liable to you or any third party for any termination of your access to the Site.
General Acknowledgments. You acknowledge that Fletcher's Field may establish general practices and limits concerning your use of the Site. You agree that
Fletcher's Field has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. Fletcher's Field reserves
the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that
Fletcher's Field shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that Fletcher's Field reserves
the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE
AND INFORMATION AND MATERIAL IN THE SITE, Fletcher's Field EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER
HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE,
SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION,
AND THEREFORE Fletcher's Field EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
2. Fletcher's Field MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE
SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fletcher's Field OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law. You and Fletcher's Field agree that the Terms and the relationship between you and Fletcher's Field shall be governed by and construed in accordance with the laws of the
State of Maryland without regard to its conflict of laws analysis. You and Fletcher's Field hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county
of Prince George’s, Maryland, or the United States District Court located in Maryland for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence
any legal proceedings related thereto except in such court. You and Fletcher's Field irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have
to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
Waiver. Fletcher's Field’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and
agreed to by Fletcher's Field in writing.
Severability. If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable,
and the remaining provisions shall constitute the parties’ agreement.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site
must be filed within two (2) years after such claim or cause of action arose or be forever barred.
Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.