Terms of Use

Website Terms and Conditions of Use

1. Terms

The website available at http://www.newtownmacon.com/ (the “Website”) is operated and controlled by NewTown Macon, Inc. (“NewTown Macon”). By accessing the Website, you are agreeing to be bound by these Website Terms and Conditions of Use (the “Terms and Conditions”) and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing the Website. The materials contained in the Website are protected by applicable copyright and trademark law. NewTown Macon is occasionally referred to herein as “we” or “us,” and Website users are occasionally referred to herein as “you.”

2. Loft Finder Function

The Website includes a loft finder function, which is a listing of lofts for rent or sale that are located in downtown Macon, Georgia (the “Loft Finder Function”).

3. Use License

  • Your access to and use of the Website, including but not limited to the Loft Finder Function, is licensed and not sold. NewTown Macon agrees to provide you with non-exclusive access to and use of the Website, subject to the terms and limitations contained herein.
  • Under this license you may not:
    • modify or copy the materials;
    • use the materials for any public display (commercial or non-commercial);
    • attempt to decompile or reverse engineer any software contained on the Website;
    • remove any copyright or other proprietary notations from the materials; or
    • transfer the materials to another person or “mirror” the materials on any other server.
  • This license shall automatically terminate if you violate any of these restrictions and may be terminated by NewTown Macon at any time.

4. Accuracy of Materials

NewTown Macon does not examine the materials on the Website or on any sites linked to the Website for accuracy, completeness, validity or truthfulness. As such, NewTown Macon does not warrant or make any representations concerning the reliability or likely results of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to the Website. You are solely responsible for ensuring such accuracy, completeness, validity and truthfulness.

5. Disclaimer

THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS”. NEWTOWN MACON MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NEWTOWN MACON DOES NOT WARRANT THAT THE WEBSITE OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE IS FREE OF DISABLING DEVICES, NOR DOES NEWTOWN MACON MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK.

6. Accessibility

You acknowledge and understand that from time to time the Website may be inaccessible or inoperable for any reason, including but not limited to the following: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which NewTown Macon may undertake from time to time; and (iii) causes beyond the control of NewTown Macon or which are not reasonably foreseeable by NewTown Macon.

7. Limitations

IN NO EVENT SHALL NEWTOWN MACON OR ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR INFORMATION, LOST PROFITS, BUSINESS INTERRUPTION, ERRORS, DEFECTS (BOTH PATENT AND LATENT), MISTAKES, OMISSIONS, DELAYS IN OPERATION, AND ANY OTHER FAILURE OF PERFORMANCE) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON THE WEBSITE, EVEN IF NEWTOWN MACON OR AN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE.

8. Revisions and Errata

The materials appearing on the Website could include technical, typographical, or photographic errors. NewTown Macon does not warrant that any of the materials on the Website are accurate, complete, or current. NewTown Macon may make changes to the materials contained on the Website at any time without notice. NewTown Macon does not, however, make any commitment to update the materials on the Website.

9. Links

NewTown Macon has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked sites. The inclusion of any link to another site on the Website does not imply endorsement by NewTown Macon of the linked site. Use of any such linked site is at the user’s own risk.

10. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed a Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of the personal information of the Website’s users. The following outlines our Privacy Policy:

  • We collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Before or at the time of collecting personal information, we identify the purpose(s) for which personal information is being collected.
  • We collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the express consent of the individual concerned or as required by law.
  • Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We only retain personal information as long as necessary for the fulfillment of those purposes.
  • We protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We make readily available to our users information about our policies and practices relating to the management of personal information.
  • We are committed to operating and controlling the Website in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

11. Governing Law and Venue

NewTown Macon operates and controls the Website from its offices located in the State of Georgia in the United States of America. The operation and control of the Website, including these Terms and Conditions, shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. The sole jurisdiction and venue for any litigation arising out of the Website shall be an appropriate federal court or a state or superior court located in Bibb County, Georgia. You hereby waive any objection to personal jurisdiction and venue in any proceeding before such courts and consent to personal jurisdiction and venue in such courts.

12. Termination

NewTown Macon reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Website or (b) suspend your access to or use of all or any portion of the Website.

13. Amendment

NewTown Macon shall have the right, at any time and without notice, to add to or modify these Terms and Conditions, simply by posting such amended terms on the Website. Your access to or use of the Website after the date such amended terms are posted or otherwise communicated to you shall be deemed to constitute acceptance of such amended terms.