Terms and Conditions

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Calamar Terms and Conditions

PLEASE READ THE TERMS AND CONDITIONS OF USE AGREEMENT (this “Agreement”) CAREFULLY BEFORE USING THIS SITE (the “Site”).

  1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Agreement with respect to our Site. This Agreement constitutes the entire and only agreement between Calamar and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by Calamar at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
  2. Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
  3. Deleting and Modification. Calamar reserves the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
  4. Indemnification. You agree to indemnify, defend and hold Calamar, our officers, shareholders, partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
  5. Disclaimer. THE CONTENT, INFORMATION AND SERVICES LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE. THE CONTENT, INFORMATION AND SERVICES MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. CALAMAR HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT, INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, CALAMAR IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CALAMAR AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CALAMAR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE.
  6. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. Calamar will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the Site.
  7. Rents and Other Charges. All rents and other charges subject to change at any time. For current rents and other charges contact the community manager of the applicable property.
  8.  Assignment. Calamar may transfer, sub-contract or otherwise deal with Calamar’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without our express written consent.
  9. Severability. If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  10. Entire Agreement. This Agreement constitutes the entire agreement between you and Calamar in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site.
  11. General. You agree that all actions or proceedings arising directly or indirectly out of this Agreement, or your use of the Site, shall be litigated in the Erie or Niagara County, New York. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Erie or Niagara County, New York is an inconvenient forum or an improper forum based on lack of venue. This Site is controlled by Calamar, 3949 Forest Parkway, Suite 100, Wheatfield, New York 14120 in the State of New York, USA. As such, the laws of New York will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
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