Terms of Use

By accessing or using this website located at www.thecolonywpc.com (the “Website”), owned by Iron Mountain Associates, L.L.C. (“IMA”), you agree to be bound by the following terms and conditions governing use of the Website and any legal terms found elsewhere on the Website (the “Terms”). Please read these Terms carefully before using the Website.

All of the Terms are subject to change without notice to you, except that such changes will be posted on the Website. Such changes are binding on you and are not subject to further acceptance by you. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified.  The use of the Website is subject to the additional disclaimers, caveats, and notices that may appear throughout the Website.  If you do NOT agree to these Terms of Use, then please discontinue your use of the Website.  Continued use of the Website by you shall constitute your binding acceptance of the Terms of Use.

The Website is for general information purposes only.  IMA does not represent that the content provided on the Website is completely accurate or error free, and therefore any reliance on such content is at your own risk.  Any use of the Website or its content other than for the uses allowed in these Terms, including but not limited to other non-private, commercial purposes, is prohibited.

If you violate any portion of these Terms, IMA reserves the right, without an obligation to do so, to deny you access to the Website and/or remove any content you may have posted on the Website.

The Website is not intended for or marketed to children, but is intended for adults 18 years of age or older.  By using or accessing the Website, you represent that you are 18 years of age or older.

Privacy

The IMA Privacy Policy, applies to use of the Website, and its terms are made part of these Terms.

Electronic Communications

When you visit thecolonywpc.com or send emails to us, you are communicating with us electronically.  If you send email to us, you consent to receive communications from us electronically.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We reserve the right to comply and cooperate with any and all legal requirements, legal authorities and/or law enforcement agencies, whether required or ordered to do so or not, regarding the investigation of, or request to disclose, information related to Submissions provided by you or the identity of you.  BY ACCEPTING THESE TERMS OF USE, YOU WAIVE AND HOLD HARMLESS IMA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY IMA DURING OR AS A RESULT OF IMA’S INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER IMA OR LAW ENFORCEMENT AUTHORITIES.

Personal and Noncommercial Use Limitation

The Website is for your personal non-commercial use.  You may not use the Website to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of IMA, its affiliates or others.  Your use of, and browsing in, the Website is at your own risk.  You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website.

Proprietary Information

IMA owns and operates the Website, and unless otherwise indicated, all content, including without limitation trademarks, service marks, trade names, logos, text, data, pictures, images, video, audio, graphics, icons, code, links (referred to hereafter as “Content”), and the Website’s appearance and overall look and feel on the Website is property of IMA and protected by intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content found on or obtained from the Website.  No license or other right in such trademarks, copyrighted materials, trade secrets, technologies, products, processes, copyrights, names, dress or other proprietary rights of IMA is granted to or conferred upon you.

Third Party Content and Links

Content owned by third parties may also appear on the Website, and you should respect those property rights as well.  The Website may contain links to third-party websites which are provided solely as a convenience to users of the Website.  IMA has no control over these websites or the content contained therein.  Such links do not constitute endorsements by IMA of any third party websites accessible through such links, their content or any products or services made available thereon.  Your linking to such websites is at your sole risk.  If you choose to leave the Website via links to such third-party websites, IMA cannot be held responsible for the information, products, or services obtained on such other websites and will not be liable for any damages arising from your access to such websites or cookies those sites use.

Security

Any use of, or posting any Content on, the Website that could destroy, damage or impair any portion of the Website or any computers, systems, hardware or software used by us or other visitors to the Website, is prohibited.

Warranty Disclaimer

THE INFORMATION AND MATERIALS IN THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, IMA, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBCONTRACTORS, SUPPLIERS AND REPRESENTATIVES, DISCLAIMS: (A) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES RELATED TO CONDITION OF TITLE, (B) THAT THE WEBSITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, (C) THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (D) ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED ON THE WEBSITE AND FOR ANY DOWNTIME EXPERIENCED ON THE WEBSITE.  IMA DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE WEBSITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES.  IMA IS NOT LIABLE FOR ANY CONDUCT OR OTHER USERS OF THE WEBSITE OR THIRD-PARTIES.  YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL IMA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNAUTHENTICITY OF ANY CONTENT, OR THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT.

Limitation of Liability

To the maximum extent permitted by law, IMA shall not be liable for any special, incidental, direct, punitive, indirect or consequential damages of any kind, under any theory of liability arising out of or in connection with the use of the Website, or a delay or inability to use the Website, including without limitation, damages due to lost profits, business interruption, loss of data or damage to systems, even if IMA has been expressly advised of the possibility of such damages.

Indemnification

You hereby agree to indemnify, defend, release and hold harmless IMA from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) it incurs arising as a result of your use of the Website, your violation of the Terms of Use, or your infringement of any intellectual property or other right of IMA or any other person or entity.

Invalidity of Terms

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Questions, Comments, Complaints, or Service Issues

If you have any questions, comments, complaints or service issues pertaining to the Website, please contact an IMA representative at privacy@thecolonywpc.com.

Legal Disclaimers

The statements, materials or specifications contained or depicted herein, are not guaranteed by IMA to be accurate or complete, include preliminary or conceptual statements and materials, and are subject to change or withdrawal without notice by IMA at any time.  The advertisements herein are not offers to sell which may be accepted. Prior to signing anything, obtain and read the Property Report or its equivalent as required by Federal or State Law. No Federal or State Agency has judged the merits or value, if any, of this property.

This website is not an offer to sell or a solicitation of an offer to buy to residents of any state or jurisdiction in which the registration requirements for such an offering have not been fulfilled. Void where prohibited by law.

Copyright ©2010 Iron Mountain Associates, L.L.C.  All Rights reserved.