TERMS AND CONDITIONS OF USE OF WEBSITE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Your use of this website is expressly conditioned on your acceptance of the following
terms and conditions. By using this website, you signify your assent to these terms
and conditions. If you do not agree with any part of the following terms and conditions,
do not use this website.
© Copyright 2012
ALL RIGHTS RESERVED.
This site, and each of its components, is the copyrighted
property of The Darcy, and its affiliates or subsidiaries ("The Darcy"), and/or
its various third party providers. None of the content or data found on this website
may be reproduced, republished, distributed, sold, transferred, or modified without
the express written permission of The Darcy. In addition, the trademarks, logos
and service marks displayed on this website (collectively, the "Trademarks") are
registered and common law trademarks of The Darcy, its affiliates, and various third
parties. Nothing contained on this website should be construed as granting, by implication,
or otherwise, any license or right to use any of the Trademarks without the written
permission of The Darcy or the owner of the Trademarks.
USE OF SITE.
You may only use this website to browse the content,
make inquiries to The Darcy and not for any other purposes. This site and the content
provided in this website may not be copied, reproduced, republished, uploaded, linked,
posted, transmitted or distributed without the written permission of The Darcy,
except that you may download, display and print one copy of the materials presented
on this website on a single computer for your personal, non-commercial use only.
Deep-linking, embedding or using analogous technology is strictly prohibited
unless specifically authorized in writing. Unauthorized use of this website and/or
the materials contained on this website may violate applicable copyright, trademark
or other intellectual property laws or other laws. You must retain all copyright
and trademark notices, and any other proprietary notices, contained in the materials.
The use of such materials on any other website or in any environment of networked
computers is prohibited. You are prohibited from posting to or transmitting from
this website any unlawful, threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law. Any links from this website to other websites
or e-mail addresses are provided for your information and convenience only. The
Darcy does not assume any responsibility or liability with respect to any website
linked from this website, or e-mail address (or any website linking to this website),
including its content and operation. The Darcy does not review or monitor such links.
A link from this website to another website or e-mail address (or a link from another
website to this website) does not constitute a referral, endorsement, approval,
advertising, offer or solicitation with respect to such website, its contents, or
any products or services advertised or distributed through that website. While this
website may contain "links" to many sites, we are not responsible for the content
or the privacy practices employed by other sites. You agree that you will not use
any device, software or other instrumentality to interfere or attempt to interfere
with the proper working of this website, and that you will not take any action that
imposes an unreasonable or disproportionately large load on our infrastructure.
In addition, you agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the content contained
herein, without the prior express consent from an authorized Packard (such consent
is deemed given for standard search engine technology employed by Internet search
web sites to direct Internet users to this site).
AGE AND RESPONSIBILITY.
You represent that you are of sufficient
legal age to use this website and to create binding legal obligations for any liability
you may incur as a result of the use of this website. You understand that you are
financially responsible for all uses of this website by you and those using any
password you are provided.
You represent that you have read the The Darcy Privacy
and agree that the terms of such policy are reasonable. You consent to the use of
any information submitted to The Darcy by The Darcy, its sales staff, third-party
providers and distributors in accordance with the terms of and for the purposes
EXCLUSION OF WARRANTY.
The Darcy MAKES NO WARRANTY OF ANY KIND
REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE
PROVIDED ON AN "AS IS" BASIS. The Darcy DOES NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND EXPRESSLY
DISCLAIMs ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Although The Darcy strives to provide on this website the latest information related
to its development, products and services, and other information about the Darcy,
The Darcy does not warrant the accuracy, effectiveness and suitability of any information
contained in this website. No warranty or representation of intended use, design
or proposed improvements is made herein. Nothing presented in this website shall
obligate The Darcy to construct or design the building or amenities, finishes, fixtures,
materials, appliances or complete the development described or shown. All plans
for the development or facilities that are not completed are subject to change without
notice. Materials and information on this site are not part of any agreement to
purchase a unit in The Darcy. Each visitor assumes full responsibility and all risks
arising from use of this website. The information is presented "AS IS" and may include
technical inaccuracies or typographical errors. The Darcy may make additions, deletions,
or modifications to the Information at any time without any prior notification.
LIMITATION OF LIABILITY.
THE DARCY ASSUMES NO RESPONSIBILITY, AND
SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE
OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER
MATERIAL FROM THE SITE. IN NO EVENT SHALL THE DARCY BE LIABLE FOR ANY INJURY, LOSS,
CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS),
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT
OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,
(ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY THE DARCY
, EVEN IF THE DARCY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU. Notwithstanding
the foregoing limitations, in no event will the total, cumulative liability of The
(US$100.00). Certain jurisdictions might not allow limitations on implied warranties,
or the exclusion or limitation of certain damages. If these laws apply, some or
all of the above disclaimers, exclusions, or limitations, may not apply to you,
and you may have additional rights to those contained herein.
You shall defend and indemnify The Darcy and its
officers, directors, employees, sales agents and agents from and against any claim,
cause of action or demand, including without limitation reasonable legal and accounting
fees, brought by third parties as a result of your use of this website.
SUBMISSIONS. "Submissions" means all comments, feedback, suggestions,
photos, e-mails, phone numbers, addresses and similar information or materials that
you submit to The Darcy regarding the development, products or services of The Darcy.
Submissions will not be confidential and will become the property of The Darcy upon
submission to The Darcy. By providing any such Submissions, you agree to assign
to The Darcy, at no charge, all worldwide rights, title and interest in copyrights
and other intellectual property rights to the Submissions. You acknowledge that
you are responsible for the Submissions that you provide, and that you, not The
Darcy, have full responsibility for the Submissions, including their legality, reliability,
appropriateness, originality and copyright. As a matter of policy The Darcy does
not prescreen or monitor any Submissions.
Except as expressly stated and agreed upon in writing
by The Darcy, no confidential relationship shall be established in the event that
any user of this website should make any oral, written or electronic communication
to The Darcy (such as feedback, questions, comments, suggestions, ideas, etc.).
As The Darcy website requires or requests that such information be provided, and
that such information contains personal identifying information (e.g., name, address,
phone number), The Darcy will obtain, use and maintain it in a manner consistent
therewith shall be considered non-confidential, and The Darcy shall be free to reproduce,
publish or otherwise use such information for any purposes whatsoever including,
without limitation, the research, development, use or sale of other developments,
products or services incorporating such information. You are fully responsible for
its content, including its truthfulness and accuracy and its non-infringement of
any other person's proprietary or privacy rights.
Prices and Availability.
PRICES AND AVAILABILITY OF UNITS IN THE
DARCY, THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT
NOTICE. The listing, description of, or reference to, a unit in a development or
a service on the website does not imply that the development, product or service
is presently available. If a unit in the development or a product or service is
listed at an incorrect price due to a typographical error, error in pricing information
received from a third party, or for any other reason, The Darcy reserves the right
to correct any such information. Reference to any unit or development, product or
service on the website does not constitute an offer to sell or supply that product
or service and does not mean that it is available. The Darcy manages all or portions
of the website from the State of Maryland, in the United States of America.
Registration and Security.
If you wish to register to obtain information
from The Darcy, or otherwise to use certain services on the website, you will be
required to provide the required information to us. By entering any information
on the website, you represent and warrant that: (i) you are at least 18 years of
age; (ii) you are using your actual identity; (iii) you have provided only true,
accurate, current and complete information; and (iv) you will maintain and promptly
update the information that you provide to keep it true, accurate, current and complete.
We cannot and will not be liable for any loss or damage arising from your failure
to comply with these obligations. All information provided to us will be used in
- You will receive a general password upon completing the registration process on
the website that allows you to access additional information on the website. You
will be responsible for: (i) keeping the password confidential; (ii) any activity
on the website that originates with your password and (iii) reporting stolen or
lost passwords. You agree not to attempt to bypass any security mechanisms in place
on the website or otherwise on The Darcy’s computer system, or use any of The Darcy's
systems or services to attempt to bypass any security mechanisms in place on any
- If you want to cancel a password, or if you become aware of any loss, theft or unauthorized
use of your password, please notify us immediately at
email@example.com. We may delete or change any password at any time and
for any reason.
Your use of this website is independent of The Darcy
and not as an employee, agent, partner, or joint venturer with The Darcy for any
This Agreement and its performance shall be governed
by the laws of the State of Maryland, without regard to its conflict of laws provisions.
You consent and submit to the exclusive jurisdiction of the courts located in the
State of Maryland, in all questions and controversies arising out of your use of
this website and this Agreement.
You may not assign, convey, subcontract or delegate
your rights, duties or obligations hereunder.
The Darcy may at any time modify these terms and
conditions and your continued use of this website will be conditioned upon the terms
and conditions in force at the time of your use.
Additional terms and conditions may apply to
purchases of goods and services and other uses of portions of this website, and
you agree to abide by such other terms and conditions.
These terms and conditions shall be deemed severable.
In the event that any provision is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity and enforceability of
any other remaining provisions.
The heading used in these Terms and Conditions are included
by convenience only and will not limit or otherwise affect these Terms and Conditions.
These terms and conditions, together with those
incorporated herein or referred to herein constitute the entire agreement between
us relating to the subject matter hereof, and supersedes any prior understandings
or agreements (whether oral or written) regarding the subject matter, and may not
be amended or modified except in writing or by making such amendments or modifications
available on this website.
The information contained within press releases
issued by The Darcy should not be deemed accurate or current except as of the date
the release was posted. The Darcy and its affiliates have no intention of updating,
and specifically disclaim any duty to update, the information in the press releases.
EQUAL HOUSING OPPORTUNITY.
The Darcy is pledged to the letter and
spirit of state and U.S. laws and regulations for the achievement of equal housing
opportunities. The Darcy encourages and supports an affirmative advertising and
marketing program in which there are not barriers to obtaining housing because of
race, color, religion, sex, handicap, familial status, or national origin.