WINTER MARIETTA’S PRIVACY POLICY

& TERMS AND CONDITIONS OF USE

 

 

            This section sets forth Winter Marietta, LLC’s Privacy Policy and the Terms and Conditions of your use of the Winter Marietta, LLC (sometimes referred to as “Winter Marietta”, “us”, “we”, and “our”) web site.  Winter Marietta, LLC is the business entity that owns and develops the Meeting Park mixed-use real estate project in Marietta, Georgia.  Winter Marietta is managed by Winter Properties, LLC, which is located at 1330 Spring Street NW, Atlanta, GA  30309.

 

            PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THIS WEB SITE AND WINTER MARIETTA’ PRIVACY POLICY CAREFULLY BEFORE USING THIS WEB SITE.

 

            Each user (“User”) of this web site (“Site”) agrees that any and all use of this Site is subject to the Terms and Conditions outlined herein and all applicable federal, state and local laws.  You should not access this Site unless you agree to the Terms and Conditions herein.

 

            Each User of this Site agrees to be bound by the Terms and Conditions outlined herein.  The information, services, links and other material (“Content”) has been provided based on the User’s acceptance of these Terms and Conditions.

 

            All Content has been provided with the understanding that Winter Marietta is not engaged in rendering legal or other professional services or advice.

 

            Any Content provided is intended for informational purposes only.  Such Content does not constitute an offer or solicitation.  Any homes, townhomes, condominiums or other real estate products listed or shown are subject to prior sale.  Winter Marietta shall have no obligation to sell, purchase, or finance a home, town home, condo or other unit as a result of the use of this Site.

 

 

            Winter Marietta assumes no responsibility for any action or result based on the Content of the Site.  While Winter Marietta updates content from time-to-time, Winter Marietta will not be responsible for any damage or loss related to your use of the Content.

 

            It is not possible for Winter Marietta to ensure that all information is correct or up to date: therefore, we assume no responsibility for decisions made or actions taken as a result of this Site.

 

            ALL CONTENT SET FORTH IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.   TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WINTER MARIETTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING, PERFORMANCE OR TRADE USAGE.  WINTER MARIETTA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

 

            TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WINTER MARIETTA SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE CONTENT IN THIS SITE, EVEN IF WINTER MARIETTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

            Our site may provide links to other web sites.  Because Winter Marietta does not have control or responsibility over these linked sites, it will not be liable for their privacy policies, or the accuracy or availability of information provided by those web sites.  Such links are provided merely as a convenience to Users and do not constitute an endorsement by us of such web sites.  Winter Marietta makes no express or implied warranties or representations with respect to the content, use of, or products sold through such linked sites, and disclaims all liability with respect to such linked sites.

 

 

            All information about the purchase or sale of real estate provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination.”  Winter Marietta is committed to strictly observing all federal, state and local fair housing and anti-discrimination laws.  All housing developments are offered on an equal opportunity basis.  No ethnic, racial or other preference is intended by the use of models of certain ethic or racial depictions that appear in this Site.

 

 

            Winter Marietta endeavors to ensure that all information on this site is current, accurate and complete.  However, Winter Marietta reserves the right to modify features, specifications, appliances, maps, prices, plans, terms, amenities and conditions without notice.  Model homes and renderings may be depicted with special treatments, landscaping, decorative features, appliances, upgrades and other items which may be optional, or for use only in the model homes. Prices quoted in this Site do not include optional or upgraded items.  Renderings, maps and floor plans are artists’ depictions and may vary in actual construction.  Measurements, including square footages, are estimates, and may differ from the actual construction.  Users may not rely on any information contained herein without contacting Winter Marietta for additional clarification.

 

            Meeting Park is subject to various recorded covenants, conditions and restrictions and requires membership in a homeowners’ association or condo owners’ association (as the case may be) which assesses fees for the maintenance of the common areas and for certain other costs.  Such associations also enforce the recorded covenants, conditions and restrictions.

 

 

            Financing programs may be described in the Site.  Buyers may obtain financing from any lending institution, however Winter Marietta may offer special incentives for using preferred lenders.  Nothing in the Site is intended to be an offer or qualification to finance the purchase of a house.

 

 

            Copyright 2007 by Winter Marietta.  All Rights reserved.

 

            The entire Content included in this Site has been protected by copyright laws, and is the property of Winter Marietta.  The Content is to be used for personal informational purposes only.  Any violation of the foregoing conditions or use will subject the User to the possibility of full liability or prosecution under applicable law.

 

            No Content from this Site may be reproduced, transmitted or distributed in any way, except for User’s own non-commercial use, or towards making a purchase of a home, townhome, condo, or other real estate product provided that the user acknowledges and agrees that all homes, townhomes, condos, or other real estate products about which information is provided herein are subject to prior sale.  Any other use of this Site is strictly prohibited.

 

            This section is provided in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”).  Those who believe that a copyright or other intellectual property rights have been infringed may notify us.  We may elect to remove any Content from the Site which we believe is violating the intellectual property rights of another.

 

            In the event you believe that your work has been used in a way that constitutes copyright infringement, or portions of your intellectual property rights have been otherwise violated, please provide Winter Marietta with the following information:

 

            a.  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

            b.  A description of the copyrighted work or other intellectual property that you claim has been infringed;

 

            c.  A description of where the material that you claim is infringing is located on the Site;

 

            d. Your address, telephone number, and email address;

 

            e.  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law;

 

            f.  A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

            Winter Marietta’s contact for making a claim of copyright or other intellectual property infringement can be reached as follows:

                       

                                    Brandi Coggia

                                    Winter Marietta, LLC

                                    c/o Winter Properties, LLC

                                    1330 Spring Street NW

                                    Atlanta, GA  30309

                                    Phone: 404-223-5015

                                    Fax:     404-223-5753

 

            Winter Marietta’s Terms and Conditions are applicable upon the User’s access to the Site.  All such items may be modified, amended, revised, or supplemented without notice.

 

            Any claims relating to the use of this site shall be governed in all respects by the laws of the state of Georgia without regard to choice of law provisions, and any legal action relating to the use of this site shall be brought in the courts of the State of Georgia and the County of Cobb.

 

            Winter Marietta recognizes and respects the privacy of visitors to the Site.  Winter Marietta will not collect any personal information unless that information is voluntarily supplied.  This Privacy Policy has been adopted to better explain how we collect and use information from you.  Winter Marietta may employ the use of “cookies” (explained in more detail below) to track non-personal, non-identifying information about the visitors to our Site.  There are areas within the Site where you may voluntarily provide information about yourself.  The following paragraphs describe how that voluntary information is used, the security measures established to protect that information, and the limits on such use.

 

Solicitation of Information:    The site provides visitors with one or more forms which may be used to request information about Meeting Park.  In order to respond to your request, you may be asked for certain personal information on the online form.  Such use is completely voluntary.  You may navigate the entire site without providing any information to Winter Marietta.

 

Use of Information:  You may identify yourself by filling out one of the online forms.  Any information you send to Winter Marietta is maintained so that we can respond to your question or inquiry.  Any information sent to Winter Marietta is not shared with anyone outside of our company, its affiliated divisions, and its third-party real estate brokers, except in the case of a warranty service request, which may be shared only with the contractor, warranty administrator, or maintenance company which will perform the warranty service.

 

Non-Personal Information Collection and Cookies:   The only information we automatically collect and store during your visit to our Site is non-personally identifiable information such as the location of your Internet service provider, Internet protocol address, the browser and type of machine you are using, the Site that referred you to us, the pages you request and the date and time of those requests.  This information cannot be attributed to your individual computer.

 

This site uses cookies.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser.  Most browsers are initially set to accept cookies.  If you’d prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent.  You may still use our Site if you reject the cookie.

 

Links to Other Web Sites:   Winter Marietta’s site may contain links to other Web sites.  Such links are provided as a convenience to the visitors to this Site.  Since Winter Marietta does not operate or control such other Web sites, it cannot be responsible for the personal information collection and use policies of any such linked Web sites: therefore, you should review the privacy policy of linked Web sites prior to use or giving personal information.

 

Children:  Winter Marietta does not request or knowingly accept any personal information from children, and we believe that protecting the privacy of very young children is important.

 

Storage of Information:  Information sent to us is stored as a file housed on the Web, and sent via email or available over an internal network to those persons involved in responding to your question, inquiry, or warranty service request.

 

Updates to Privacy Policy:  This policy is effective March 1, 2007.  Winter Marietta reserves the right to modify this Privacy Policy.  You may wish to revisit our Privacy Policy from time to time for changes and updates.

 

Contacting us:  If you have any questions about our Privacy Policy or about our Site, please contact us:

 

                                    Brandi Coggia

                                    Winter Marietta, LLC

                                    c/o Winter Properties, LLC

                                    1330 Spring Street NW

                                    Atlanta, GA  30309

                                    Phone: 404-223-5015

                                    Fax:     404-223-5753

 

Right to Refuse Policy:  Winter Marietta makes its homes, townhomes, condominiums and other real estate products available to all persons without regard to race, gender, age, religion, national origin, or any classification protected by law.  Notwithstanding adherence to such laws, Winter Marietta reserves the right to refuse to sell a home to anyone for any other reason, and in particular, for any valid business reason, including lack of courtesy, disruption, or misconduct in the sales process.