Access to and use of this Web site is subject to these Terms of Use (the “Terms”). Your use of this Web site constitutes your agreement with and acceptance of, without modification, the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Web site, you represent and warrant to The Hamlet at Slingerlands, LLC (“The Hamlet”) that you will not use this Web site for any purpose that is unlawful, immoral or prohibited by the Terms. If you do not agree with and accept the Terms set forth herein, without modification, do not use this Web site.
Privacy Notice
Personal information, such as your name, date of birth, phone number, email address, Social Security number, driver’s license number and state, bank account numbers, and credit card account numbers, that is not otherwise publicly available, and that you upload, submit or provide to The Hamlet’s through this Web site is subject to The Hamlet’s Privacy Policy. For more information about The Hamlet’s use and protection of your personal information, please review The Hamlet’s Privacy Policy below.
In the event you are provided with user ID’s and passwords in the use of this Web site, you shall maintain such user ID’s and passwords in confidence, and you agree not to distribute or disclose the same to third parties. If you believe that such ID or password is or may be subject to theft, unauthorized use or access, or a breach of confidentiality, it is your responsibility to notify The Hamlet if The Hamlet needs to change or discontinue any of your ID’s and passwords. The Hamlet may suspend or terminate your service or access if it believes, in its sole and absolute discretion, that such theft, use, access or breach, or any other breach of the Terms, has occurred.
You agree that any information that you provide will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or if The Hamlet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), The Hamlet has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future access to or use of, this Web site.
Information You Post to this Web Site
With respect to all information you elect to post to publicly accessible areas of this Web site, you agree that The Hamlet has the right to use, reproduce, copy, modify, publish, distribute, perform and display such information (in whole or part) publicly; provided that such use is in accordance with the terms of The Hamlet’s Privacy Policy below.
You acknowledge and agree that The Hamlet may preserve information, and may also disclose information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) establish or exercise The Hamlet’s legal rights or defend against legal claims; (c) enforce the Terms; (d) respond to claims that any information violates the rights of third-parties; or (e) protect the rights, property or personal safety of The Hamlet’s business, residents, employees, affiliated or related entities, and/or the public.
Information You Download from this Web Site
The Hamlet does not warranty that any feature you download from this site will be free of viruses, contamination, or other potentially destructive features.
Hyperlinks Notice
This Web site may contain links to Web sites operated by parties other than The Hamlet (“Third Party Web Sites”). Such links are provided for your reference only. The Hamlet does not control such Third Party Web Sites, and is not responsible for their content. The Hamlet’s inclusion of links to Third Party Web Sites does not imply any endorsement of the material on the Third Party Web Sites or any sponsorship, affiliation or association with their owners, operators or sponsors. The Hamlet’s inclusion of the links to the Third Party Web Sites does not imply that The Hamlet is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol or other material that may be reflected in the links or on the Third Party Web Sites.
Email Communications Notice
Although The Hamlet will in most circumstances be able to receive your e-mail provided through this Web site (including, without limitation, service requests and other submissions), The Hamlet does not guarantee that it will receive all such e-mail timely and accurately and shall not be legally obligated to read, act on, or respond to any such e-mail. Be aware that Internet e-mail typically is not secure. The Hamlet does not generally receive encrypted e-mail so you should be cautious about the e-mail you send us through the Internet.
Site Availability
The Hamlet does not guarantee uninterrupted or error-free operation of this site or any portion thereof and will use reasonable efforts to maintain its operation and availability.
Trademark and Copyright Notice
This Web site and the materials within it are protected by copyright. Copyright © The Hamlet. Viewing this Web site creates a copy of The Hamlet’s materials in your computer’s random access memory and/or in your hard drive and/or in your proxy server. The Hamlet grants you permission to make such copies, view this Web site and to print individual pages from this Web site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms, and conditions set forth in the Terms. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, material, software, products or services from this Web site.
THE HAMLET, THE HAMLET AT SLINGERLANDS, and the other HAMLET formative names and marks that are used in or appear in this Web site are service marks or registered trademarks of Windsor Development Group, Inc., or its owners, or their parents, subsidiaries, or affiliates. The Hamlet’s trademarks may not be used without the express prior written permission of The Hamlet’s corporate management. Fair use of The Hamlet’s trademarks and/or copyrighted material requires proper acknowledgment. Other product and company names mentioned or appearing in this Web site may be the trademarks of others.
Content Notice
THE INFORMATION AND MATERIALS IN THIS WEB SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF THE HAMLET OR ANY OF ITS AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS WEB SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON. THESE MATERIALS MAY BE CHANGED WITHOUT NOTICE AT ANY TIME.
THE HAMLET MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE HAMLET SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE HAMLET SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEB SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL THE HAMLET OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, THE MATERIALS IN THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HAMLET OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
YOUR ACCESS AND USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW YOU HEREBY WAIVE AND RELEASE PSI FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING. THE HAMLET SHALL NOT BE LIABLE TO YOU FOR LOSS OF PROFIT OR REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF USE, PRODUCT LIABILITY, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
Law Enforcement
The Hamlet’s performance of the Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of The Hamlet’s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by The Hamlet with respect to such use.
Governing Law
This Web site resides on a server in New York, USA. You agree that these Terms and your use of this Web site are governed by the procedural and substantive laws of the State of New York, U.S.A. without regard to any conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Saratoga County, New York, USA in all disputes (a) arising out of, relating to, or concerning this Web site and/or the Terms, (b) in which this Web site and/or the Terms is an issue or a material fact, or (c) in which this Web site and/or the Terms is referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization. The Hamlet makes no representation that materials on this Web site are appropriate or available for use in any particular jurisdiction.
Disputes
Any claim or controversy arising out of, relating to, or concerning this Web site and/or the Terms must be submitted to and settled under binding arbitration in Saratoga Country, New York, U.S.A. in accordance with the rules of the American Arbitration Association. Subject to the rules of the American Arbitration Association, the decisions of the arbitrators will be binding and conclusive upon all parties involved, and judgment upon any decision of an arbitrator may be entered in the highest court of any forum, federal or state, having jurisdiction.
Severability
Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of the Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall govern such use and the remainder of the Terms shall not be affected thereby and each provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.
Changes to Terms of Use
You agree that The Hamlet may at any time and without notice change the terms, conditions, and notices under which this Web site is offered, including any or all portions of the Terms.
No Legal Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Hamlet as a result of this agreement or your use of this Web site.
Entire Agreement
The Terms, taken as a whole, constitute the entire agreement between you and The Hamlet with respect to this Web site. The Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and The Hamlet with respect to this Web site. No modification of the Terms shall be effective unless it is authored by The Hamlet or Windsor Development Group, Inc. and physically signed in blue ink by an officer of The Hamlet or Windsor Development Group, Inc. Any alleged waiver of any breach of the Terms shall not be deemed to be a waiver of any future breach. A printed version of the Terms and/or of any notice given by The Hamlet in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms or your use of this Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by The Hamlet in printed form.
Further Information
For further information or to contact us with questions, concerns or comments, you may write, call, fax, or e-mail us as follows:
Web Information
The Hamlet at Slingerlands, LLC
P.O. Box 1549
Clifton Park, New York 12065
Phone: 518-371-2320
Fax: 518-371-1479
E-mail: info@thehamletcommunities.com
This document was last updated on February 14, 2013.
PRIVACY POLICY
The Hamlet (“The Hamlet”) is dedicated to protecting the privacy of your personal information. This Privacy Policy describes how The Hamlet treats personal information that The Hamlet collects and receives from you through this Web site. This Privacy Policy does not apply to the practices of companies that The Hamlet does not own or control, or to people who The Hamlet does not employ or manage.
1. Information Collection and Use
The Hamlet collects personal information from existing and potential residents on its Web site. Personal information such as your name, date of birth, phone number, email address, Social Security number, driver’s license number and state, bank account numbers and credit card account numbers, that is not otherwise publicly available and that you upload, submit or provide to The Hamlet through this website, is subject to this Privacy Policy. In addition, The Hamlet automatically receives and records information on our server logs from your browser, including your Internet Protocol (“IP”) address, cookie information, and the pages you request.
The Hamlet limits access to personal information about you to The Hamlet employees and agents who The Hamlet believes reasonably need that information to provide products or services to you or to do their jobs. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
2. Information Sharing and Disclosure
The Hamlet may provide your personal information to affiliated companies or other trusted businesses or persons who work on behalf of or with The Hamlet. These companies may use your personal information to help The Hamlet administer its business.
The Hamlet may provide information about you in response to subpoenas, law enforcement requests, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims. The Hamlet also may provide information about you if The Hamlet believes it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
If The Hamlet becomes involved in a merger, acquisition or any form of sale of some or all of its assets, it may share your personal information with the potential acquirer or buyer pursuant to a confidentiality agreement.
The Hamlet will not use or share the personal information provided to us through this Web site in ways unrelated to those described above without providing you with notice.
3. Security
The Hamlet takes appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information. These measures include annual internal reviews of The Hamlet’s practices and security measures, including a review of The Hamlet’s encryption and physical security measures to guard against unauthorized access to systems where The Hamlet stores personal information.
4. Children
The Hamlet is committed to protecting the privacy of children. No information should be submitted to or via our Web site by users under the age of 18.
5. Links
On our Web site, you may have the opportunity to follow a link to other Web sites that may be of interest to you. The Hamlet endeavors to only link to reputable organizations related to your areas of interest, but these Web sites may not be hosted or controlled by The Hamlet and The Hamlet is not responsible for the privacy practices of those Web sites or the content provided thereon.
6. Changes To This Privacy Policy
This Privacy Policy may be revised from time to time as The Hamlet adds new features and services, as laws change and as industry privacy and security best practices evolve. The effective date and last modified date is displayed at the bottom of this page so that you can easily determine when there has been a change. If The Hamlet makes a material change to this Privacy Policy regarding use or disclosure of personal information, The Hamlet will provide advance notice on the Homepage of this Web site.
7. Contact Us
If you have any questions about this Privacy Policy or our Web site, please contact us at info@thehamletcommunities.com.
Last modified: February 18, 2013