Four Seasons Private Residences Nashville are not owned, developed or sold by Four Seasons Hotels Limited or its affiliates (Four Seasons). 151 Nashville Project LP uses the Four Seasons trademarks and tradenames under a license from Four Seasons Hotels Limited.
The marks “FOUR SEASONS,” “FOUR SEASONS HOTELS AND RESORTS,” any combination thereof and the Tree Design are registered trademarks of Four Seasons Hotels Limited in Canada and U.S.A. and of Four Seasons Hotels (Barbados) Ltd. elsewhere.
We are pledged to the letter and the 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 of race, color, religion, sex, handicap, familial status or national origin.
Notices and Disclaimers; Intellectual Property.
Four Seasons Private Residences Nashville are not owned, developed or sold by Four Seasons Hotels Limited or its affiliates (“Four Seasons”). The Company uses the Four Seasons trademarks and tradenames under a license from Four Seasons.
All contents of this Site are: ©151 Nashville Project LP and its licensors. All rights reserved. The NASHVILLE PROJECT LP and its related marks and logos are trademarks of Company. The marks “FOUR SEASONS,” “FOUR SEASONS HOTELS AND RESORTS,” any combination thereof and the Tree Design are registered trademarks of Four Seasons in Canada and U.S.A. and of Four Seasons Hotels (Barbados) Ltd. elsewhere. The Site may contain or reference trademarks, copyrighted materials, including without limitation images, graphics, designs, blueprints and floor plans, trade secrets, technologies, products, processes or other proprietary rights of the Company, Four Seasons, and/or other parties (the “Materials”). The Materials and the entire selection, coordination, arrangement and “look and feel” of this Site and the Materials, to the extent applicable, are copyrighted as a collective work under United States copyright laws. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of the Company, Four Seasons, and/or other parties is granted to or conferred upon you. You are only permitted to use the Materials and Site as expressly authorized herein or in writing by Company. Except as provided in this Agreement, you may not use, modify, republish, reframe, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from or otherwise exploit the Materials, or any other information contained on this Site, without the express written permission of Company.
With respect to any and all communications sent or otherwise made to us, including, without limitation, feedback, questions, comments and suggestions (“Communications”): (a) no right of confidentiality shall apply to Communications and we shall have no obligation to protect Communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute Communications to others; and © we shall be free to use any ideas, concepts, know-how or techniques contained in Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information, without any obligation to provide compensation of any kind or any other obligation. Please use e-mail only to send us non-confidential messages. Do not include confidential personal or private information. For your protection, our responses will not include any confidential information. Please do not use e-mail to send us transaction instructions. Customers who choose to send e-mail messages to us that contain confidential, private or personal information so do entirely at their own risk.
The sketches, renderings, graphic materials, plans, specifications, terms and conditions with respect to the residences and statements and other Materials contained in this Site are proposed only, and we reserve the right to modify, revise or withdraw any or all of same in our sole discretion and without prior notice. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for same. Any drawings and depictions in this Site are conceptual only and are for the convenience of reference. They should not be relied upon as representations, express or implied, of the final detail of the residences. The Company expressly reserves the right to make modifications, revisions, and changes it deems desirable in its sole and absolute discretion. All depictions of appliances, counters, soffits, floor coverings and other matters of detail, including, without limitation, items of finish and decoration, are conceptual only and are not necessarily included in each unit. The photographs contained in this Site may be stock photography or have been taken off-site and are used to depict the spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed, and are merely intended as illustrations of the activities and concepts depicted therein. Consult your agreement and the prospectus for the items included with the unit. Dimensions, ceiling heights and square footage are approximate and may vary with actual construction. Images and renderings are not to scale and are shown solely for illustrative purposes. Renderings depict proposed views, which are not identical from each unit. No guarantees or representations whatsoever are made that plans, features, amenities or facilities will be provided or, if provided, will be of the same type, size, location or nature as depicted or described herein, and such amenities or facilities need not be built. Any view from any unit of from other portions of the property may in the future be limited or eliminated by future development or forces of nature and the developer in no manner guarantees the continuing existence of any view.
Third Party Sites.
1. Information Collected through the Site.
A. Information You Directly and Voluntarily Provide to Us. If you are a visitor to the Site, we may collect information that you provide to us when you communicate with the Site. The information we collect can include personal information (as described below) or non-personal information, which is information that does not identify or relate to an individual.
Personal information is information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. We collect information through any correspondence that you provide to us whether through email, mail, phone calls, or through our Site or services. Information that you provide might include, but is not limited to, the following: (a) first and last names; (b) demographic information; © mailing address; (d) email address; (e) phone number; and (f) other information that personally identifies you.
We do not consider personal information to include information that can no longer be used to identify a specific natural person, whether in combination with other information or otherwise. B. Information Automatically Collected Through the Site. We may automatically collect information about you when you use the Site. For example, if you access the Site through a computer, we will automatically collect information such as your browser type and version, computer and connection information, IP address and standard web log information. If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
We may automatically collect information from you when you use the Site using “cookies.” Cookies are small amounts of data that are stored within your computer’s Internet browser and that are accessed and recorded by the websites that you visit so that they can recognize the same browser navigating online at a later time.
Cookies may be either persistent or temporary (or session) cookies. A persistent cookie retains user preferences for a particular website, app or service, allowing those preferences to be used in future use sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Information that may be collected by cookies when you use the Site may include:
- the pages you visit within the Site;
- the date and time of your visit to the Site;
- the amount of time you spend using the Site;
- the Internet Protocol (IP) address used to connect your computer to the Internet; and/or
- your computer and connection information such as your browser type and version, operating system and platform.
You can set your browser to reject cookies or to notify you when you are sent a cookie. However, if you disable cookies you may not be able to use certain features of the Site. In addition, your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit. However, the Company will not disable tracking technology that may be active on the Site in response to any “do not track” requests that we receive from your browser.
2. How We Use the Information We Collect; Opting Out. We use the information we gather through the Site in the following ways:
- to request feedback and to enable us to better understand how the Site is being used and how it can be improved;
- to contact and communicate with you and to respond to your communications and requests about the Site, or about our properties, services, activities and special events;
- for internal and marketing, promotional, and informational purposes; and
- for any other purpose for which you specifically provide the information to us.
If you provide your email to us, we may email you with information and updates about the Company that we believe may be of interest to you.
If you wish to opt-out of receiving these emails from us, please follow the instructions contained in each email you receive from us which will allow you to opt-out of receiving further marketing emails from us.
3. How We Share Your Information with Third Parties. We do not sell or rent user information we collect through the Site to any unaffiliated third parties for their own marketing purposes. In the event the Company wants to sell or rent your information to unaffiliated third parties for their own marketing purposes in the future, we will notify you and you will have an opportunity to affirmatively opt-in to receiving these third party marketing communications. The Company does share your information with third parties in some circumstances as follows:
A. Employees and Third-Party Site Providers. We will disclose your information to our employees, contractors, vendors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as operating and supporting the Site, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf. We may also disclose your information to the affiliated project development entities that are involved in developing the specific project(s) and our other affiliates for use in connection with providing information to you and otherwise communicating to you with respect to such projects. B. Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties if: (i) required to do so by law, or in response to a subpoena or court order; (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Site by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Service. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
4. Children Under Age 13. The Site is not intended for children under age 13, or for anyone under age 18 or the applicable age of majority without involvement of a parent or guardian. We do not knowingly collect or distribute personal information from or about children under the age of 13.
5. Security. We implement industry standard security measures intended to protect against the loss, misuse and alteration of the information under our control. Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure. As a result, the Company cannot guarantee or warrant the security of any information you transmit on or through the Site and you do so at your own risk.
6. Special Notice to California Residents. If you are a resident of California, effective January 1, 2020, you may have additional rights with respect to your data under certain circumstances, which may include the following:
- The right to request access to a copy of your personal information and third parties with whom we have shared your personal information.
- The right to request us to erase your personal information when we no longer need such data in connection with our Site and/or services.
To exercise these rights, please contact us as set forth in the “How to Contact Us” section in the General Terms below.
7. Use of Information Outside Your Country of Residence. The Site is directed to users located in the United States. If you are located outside of the United States and you choose to use the Site or provide your information to us, your information may be transferred to, processed and maintained on servers or databases located in the United States. Your use of the Site represents your consent and agreement to these practices. If you do not want your information transferred to or processed or maintained in the United States, you should not use the Site.
8. Accessing, Changing and Managing Your Information. If you have provided your name and email address to us, you may request that we remove your name and email address from our database by contacting us at email@example.com. Following receipt of a request from you, we will take reasonable steps to delete your information as requested.
III. GENERAL TERMS
Warranty Disclaimers; Limitation on Liability.
A. General Disclaimer of Warranties Relating to the Site.
(i) ALL MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE THESE MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, PROJECT DEVELOPMENT ENTITIES AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE.
(ii) NO WARRANTIES OR REPRESENTATIONS ARE MADE ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITE’S CONTENT, THE CONTENT OF ANY SERVICE LINKED TO THE SITE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITE OR LINKED TO BY THE SITE. NEITHER WE NOR ANY OF THE PROJECT DEVELOPMENT ENTITIES OR OTHER AFFILIATES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, © ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED IN OUR SERVERS, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE.
B. Limited Liability. IN NO EVENT SHALL THE COMPANY OR ANY COMPANY AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, MATERIALS OR ANY OTHER CONTENT PROVIDED THROUGH THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50. C. Exceptions to Disclaimers and Liability Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 1(A) AND 1(B) MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your data, information or other submissions you make by or through the Site, or your use of any Materials in violation of this Agreement or applicable law.
General. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between you and the Company. We may assign our rights under this Agreement without your approval. In the event that any provision of this Agreement is found invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this Agreement will remain in full force and effect. Company’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. This Agreement as posted from time to time by Company on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in this Agreement and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.