Terms of Service

Welcome. We are delighted to welcome you to the Museum Tower website, as hosted by Museum Tower L.P. (“Museum Tower L.P.”). Terms and conditions contained herein, including the information in the provisions and links below, constitute the terms upon which you may use this website (the “Terms of Use”). This website is offered to you, the user, on the condition that you accept without modification or exception the terms, conditions and notices contained in this Terms of Use. Your use of this website constitutes your acceptance and agreement thereto. If you do not agree to these Terms of Use, you should not use or access this website.

Use Limitations. The purpose of this website is to provide you with information about Museum Tower L.P., its affiliates and their services, products and properties. This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform or create derivative works from information or material on this website, except as expressly permitted in this Terms of Use. You may not use this website to engage in any unlawful activity or to infringe on the rights of Museum Tower L.P., its affiliates or others.

Changes in website. Museum Tower L.P. reserves the right to change, amend or modify all or any portions of these Terms of Use and to change, suspend or discontinue any aspect of the website at any time, in its discretion, without notice to the users of our site, except that Museum Tower L.P. will post the changed or modified Terms of Use on our site as soon as practicable as such changes or modifications are implemented.

Privacy Policy. Use of any information gathered from or about you through this website shall be governed by these Terms of Use, to which this Terms of Use links below and which is incorporated by reference. Museum Tower L.P. may use and disclose any information, content, record or electronic communication of any kind: to satisfy any law, regulation, governmental request or to respond to a subpoena; as necessary to operate its website; to protect the safety, rights or property of Museum Tower L.P., its affiliates or users of its website; and as otherwise permitted under the Privacy Policy.

Monitoring use of the website. Museum Tower L.P. reserves the right, without any obligation, to monitor your use of this website, without notice. You hereby waive any expectation of privacy in such information and activity. Museum Tower L.P. reserves the right to prohibit conduct, communication or content which it deems in its discretion may be harmful to Museum Tower L.P., its affiliates or to users, or that may violate the law.

No contract or offer. Except for your agreement to abide by the Terms of Use and your agreement to the Privacy Policy, use of this website does not create any contract or agreement between you and Museum Tower L.P., nor any obligation of Museum Tower L.P. to you. You agree not to act in reliance upon the information contained herein and you waive any claim, demand, cause of action or damages incurred as a result of reliance on such information.

Indemnity. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MUSEUM TOWER L.P. AND ITS AFFILIATES, AND THE PARTNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, ATTORNEYS AND AGENTS OF MUSEUM TOWER L.P. AND/OR ITS AFFILIATES, FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) THEY INCUR ARISING AS A RESULT OF YOUR USE OF THIS WEBSITE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF MUSEUM TOWER L.P., ITS AFFILIATES OR ANY PERSON OR ENTITY.

Invalidity of Terms. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.

Questions, Comments, Complaints or Service Issues. If you have any questions, comments, complaints or service issues pertaining to this website, please contact info@museumtowerdallas.com.

Termination of Access. You acknowledge that Museum Tower L.P. may terminate your use of this website or your access to this website at any time, with or without cause.

Waiver. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Museum Tower L.P.

Equal Housing. Museum Tower L.P. is committed to Equal Housing Opportunity.

Entire Agreement: This Terms of Use, including the provisions set forth under the additional pages linked below, constitute the entire agreement between the parties with respect to this website. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to this website.

The following provisions are incorporated by reference and are part of this Terms of Use. Please review each of them carefully before using our website:

• General Disclaimers
• Linking Policy
• Dispute Resolution
• Copyright and Trademark Notices
• Land Sales Disclaimers
• Equal Housing Opportunity

 

GENERAL DISCLAIMERS

THE INFORMATION AND OTHER MATERIAL PUBLISHED ON THIS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

MUSEUM TOWER L.P. DOES NOT WARRANT THAT THE WEBSITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUSEUM TOWER L.P. AND ITS AFFILIATES SHALL NOT HAVE ANY LIABILITY FOR YOUR USE OF THIS WEBSITE, INCLUDING ANY DEFECTS OR ERRORS CONTAINED THEREIN OR CAUSED THEREBY, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

NO REPRESENTATION OR WARRANTY IS MADE BY MUSEUM TOWER L.P. ABOUT THE ACCURACY, RELIABILITY OR SUITABILITY OF THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIAL, SYSTEMS, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES/JURISDICTIONS DO NOT PERMIT EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL MUSEUM TOWER L.P. OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR A DELAY OR INABILITY TO USE THE WEBSITE OR WEBSITES TO WHICH THIS WEBSITE LINKS, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGE TO SYSTEMS, EVEN IF MUSEUM TOWER L.P. OR ITS AFFILIATES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME WITHIN THE BODY OF THE WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE.

 

LINKING POLICY

This website may from time to time contain links to other Internet websites. These links are provided for your convenience only. Museum Tower L.P. is not responsible for the content, services or products of or offered on websites that you may access through such links. Such links do not constitute endorsements by Museum Tower L.P. of such websites, their content or any products or services made available thereon, or any association with their operators. Linking to the Museum Tower L.P. website and/or framing any portions of the Museum Tower L.P. website without Museum Tower L.P.’s express written permission is prohibited.

 

DISPUTE RESOLUTION

This Terms of Use shall be governed by the laws of the State of Texas, without application of its conflicts of laws principles. Except for equitable relief, any and all disputes arising hereunder shall be submitted to binding arbitration in City & County of Dallas, Texas, in accordance with the rules of the American Arbitration Association and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration shall not commence until the party requesting it has deposited One Thousand and No/100 U.S. Dollars ($1,000.00) with the arbitrators as a retainer for the arbitrators’ fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators’ fees and costs, until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. In any action seeking equitable relief in connection with this website, you hereby consent to the exclusive jurisdiction of the state and federal courts located in City & County of Dallas, Texas.

 

COPYRIGHT AND TRADEMARK NOTICES

The copyright to this website, the design and appearance of this website, and all of the materials and content on this website, including without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are owned or licensed by Museum Tower L.P. or its affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Any use, reproduction or distribution of material from this website (except as permitted herein) without written permission of Museum Tower L.P. is expressly prohibited. You may download and make one copy of the content and other downloadable items displayed on this website for your personal, noncommercial review only, provided that you maintain all copyright and other notices contained in such content and make no other use thereof. All other use, and all copying and reproduction thereof, is strictly prohibited. Anyone who prints, downloads, copies or otherwise communicates information from this website is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated; and to ensure their compliance thereto, and further agrees to hold Museum Tower L.P. harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use.

© 2009 Museum Tower L.P. All rights reserved.

 

LAND SALES DISCLAIMERS

The property described herein, and the online information source, are situated within the State of Texas. This posting is provided solely for informational purposes. All information is subject to change without notice, and information you deem important may be omitted. Refer to sales contract and related offering documents and applicable homeowners’ association materials for important information about the property.

This is not an offer to sell, nor a solicitation of an offer to buy, to residents of any state or province in which restrictions and other legal requirements have not been fulfilled. This advertisement is void where prohibited by law. The prices, plans, amenities, availability and improvements shown are subject to change without notice. Illustrations are artist’s depictions only and may differ from completed improvements, and scenes may include locations or activities not on the property. Improvements, facilities and programs are in formative stages, and there is no guarantee that they will be completed or developed. All pictures, photographs and images are owned or licensed by Museum Tower L.P. or its affiliates. Any use, reproduction or distribution of pictures, photographs and images without written permission is expressly prohibited.

For all prospective purchasers of real property being sold by Museum Tower L.P., ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THE PROSPECTUS AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS.

To the extent applicable, obtain the property report required by either federal law or state law and read it before signing anything.

No federal agency or state agency has judged the merits or value, if any, of any of the properties listed on this website.

HUD REGISTRATION: Obtain the Property Report required by Federal Law and read it before signing anything. No Federal agency has judged the merits or value, if any, of this property.

 

EQUAL HOUSING OPPORTUNITY

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.