IMPORTANT: THESE TERMS OF USE AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 20 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AGREE TO GIVE UP RIGHTS TO SUE US IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:  WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS OF USE AND CONDITIONS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY ARE EXPLAINED IN SECTION 14.

Terms of Use and Conditions

These Terms of Use and Conditions (“Terms”) that govern your use of the Application are entered into by you (“you” or “User”) and Winn Military Housing Services (“Winn”) and Lendlease (US) Public Partnership Holdings LLC (“Lendlease”) (collectively referred to as “we,” “us” or “our”).

PLEASE READ THE TERMS CAREFULLY IN FULL BEFORE USING THE APPLICATION. BY ACCESSING OR USING THE APPLICATION OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE APPLICATION.

  1. 1. General Provisions

    1.1 Definitions. The following definitions apply to these Terms:

    1. “Application” means the mobile application made available to you by Winn and Lendlease on your iOS, Android or other mobile device platform and the website portal accessed through the community website, that enables you to access and use certain Services.
    2. “Bulletin Board” means a space within the Application for residents to engage with one another, share ideas and feedback, and get to know their community neighbors and buy, sell and offer for sale certain items to and from their community neighbors.
    3. “Content” means text, graphics, images, videos, photographs, software, technology and other materials made available to you through the Application, or otherwise in connection with the Services.
    4. “Services” means all resident services available to you through the Application, including, but not limited to [service and maintenance requests, community messaging, rent and fee payment, concierge services and marketplace].
  1. 2. Use of Application

    2.1 By accessing and using the Application, you hereby represent and warrant the following:

    1. You will use the Services only for purposes that are permitted by these Terms and by applicable law in the jurisdiction where you are accessing the Services. You will not use the Services to engage in any unlawful behavior, or to cause damage, harassment, nuisance, annoyance or inconvenience to us, another resident or any third-party.
    2. You will not sell, resell, rent or otherwise commercially use the Services.
    3. You will not engage in any activity that (i) damages or impairs any hardware equipment used in connection with the Services, including any kiosks, tags or other access control hardware, or (ii) otherwise interferes with or disrupts the Services or our ability to effectively provide the Services.
    4. You will not reverse engineer, decompile or disassemble the Application, or access the Application in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of the Application, or (iii) copy any ideas, features, functions, or graphics of the Application or Services.
    5. You will not sell, transfer, assign, license, sublicense, or modify any Content or copy, reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
    6. You will not use any robot, spider, scraper, or other automated means to access the Application, or “mirror” the Application, or any Content on any other server.
    7. You will not access or attempt to access any portion of the Application that is password-protected unless you are an authorized user for such Content.
    8. If you create an account on the Application, you will keep secure and confidential your account password or any identification credentials that you use to access the account or to otherwise use the Services. You will immediately notify us if you become aware of or suspect unauthorized access, disclosure, loss, theft or unauthorized use of your account. You may not create an account on behalf of another individual and may not impersonate another person or misrepresent your affiliation with another person or entity in connection with the account creation or your use of the Services. We are not responsible or liable for any liability, damages, loss or expenses arising in any way from the use of your account. If you provide any information that is untrue, inaccurate, not current, or incomplete while creating an account, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account. We may disable any username, password, or other identifier at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
    9. You will update the Application to its latest version when made available to you and provide required permissions on your mobile device necessary for the Application to operate effectively.
    10. You will not use the Application or the Services in a manner that is intended to place an unreasonably large burden on our information technology resources or in a way that could cause damage or adversely affect our reputation.
  1. 3. Bulletin Board

    3.1 All items listed for sale must follow the restrictions listed below. Failure to comply with these Terms may result in the removal of your listings and other content. We reserve the right to take action, including, without limitation, termination of your access to your account, the right to reject, approve, or remove any listing at any time, at our sole discretion. Your use of the Bulletin Board is subject to the following:

    1. You acknowledge that the listings and any items sold are not offered by or endorsed by us. We do not warrant the quality, availability or accuracy of any listing information for any items offered through the Bulletin Board or elsewhere on the Application. 
    2. You must comply with all national, state, installation, and local laws that are applicable to home businesses, including but not limited to any applicable federal and state licenses and permits for military installations. Please note many commercial activities or businesses must be registered with the installation.
    3. The photos of items offered for sale must match the description and title of the listing.
    4. Additionally, the following types of items may not be offered for sale or listed: healthcare-related items (e.g., thermometers, first-aid kits); adult products or services; alcohol; event tickets or gift cards; prescription or recreational drugs; tobacco products or tobacco paraphernalia; weapons, ammunition, or explosives and any items whose sale, purchase or use is not permitted under applicable law. Selling animals isn’t allowed. This includes posting about animals for adoption.
    5. Any other restrictions that we may impose, as required, in its sole discretion, to maintain the safety, legality, and community spirit of the Services.
    6. This Bulletin Board is not set up to respond to specific questions, concerns, or comments regarding the community. Posts on the Bulletin Board may be screened by us or our designees for accuracy, relevance, and importance. The Bulletin Board is intended for positive and constructive contributions, and as such, residents are expected to contribute in a polite and courteous manner. Please use your judgement and be responsible about the content you post on the Bulletin Board.
    7. All posts on the Bulletin Board must be in English. We may remove any posts that are not in English.
    8. We reserve the right to remove any content from the Bulletin Board that is deemed, in our sole discretion, to be inappropriate or unproductive. Any posts involving the following will be removed promptly: abusive, vulgar, defamatory, or obscene language; indecent material of any kind; fraudulent, deceptive, or misleading posts; posts that violate the intellectual property right of another; posts in violation of applicable law.
    9. No solicitations from outside vendors or non-resident individuals are permitted on the Bulletin Board; however, promotions of events such as bake sales, may be allowed at our sole discretion.
    10. The Bulletin Board may not be used for maintenance requests or general queries about living conditions or resident safety concerns. Please contact your community office, call the 24/7 Maintenance Solution Center, or submit a maintenance request through the Application for any such requests or concerns.
    11. You acknowledge that all posts and comments by residents are the sole opinion of the posting individual and do not reflect the opinion of us, our employees or affiliates.
  1. 4. Resident to Resident Messaging

    4.1 We encourage residents to network and share information with each other using the Application. Use of messaging (individual or group messaging) within the Application are intended for residents only, and are subject to the following restrictions and acknowledgments:

    1. All resident messages must be kind, courteous and respectful.
    2. Messages must not constitute hate speech or bullying.
    3. Messages must respect the privacy of other residents and not include any information that violates the privacy rights of any other resident or other individuals.
    4. You acknowledge and agree that we do not endorse any resident-to-resident messages and are not liable for the content of any such messages.
  1. 5. Resident Events and Contests

    5.1 Your participation in any resident events or contests are subject to the following acknowledgments:

    1. By attending or participating in in-person, virtual events or contests, you grant permission for the taking of your picture, the recording your voice and the use of your likeness, image and voice in photographs, stills or motion pictures, for purposes of publication in newspapers, newsletters, reports, magazines, and for other promotional uses. If a minor is attending or participating in the event or contest accompanied by you as an adult, your participation provides a similar permission, as the parent or legal guardian of, and on behalf of, such minor.
    2. We do not endorse and shall not be liable for any events posted or hosted by any resident through the Application.
  1. 6. Electronic Communications

    6.1 In order to keep you updated regarding the status of the Services or to provide you with other resident notices and alerts, we may need to get in touch with you from time to time. We may contact you using SMS text messages, push messages, automated calls, phone call, email, or other similar means. You may incur data, call-time or SMS charges from your communications providers in connection with such communications from us. By submitting a telephone number to us, you agree that our representative(s) can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message.

    6.2 You acknowledge that Wi-Fi internet connectivity or data coverage may be required for the Application to function properly. We are not responsible for providing such Wi-Fi connectivity or data coverage, and you hereby agree to hold us completely harmless for any interruption in, and/or for your inability to obtain, Wi-Fi internet connectivity or data coverage at any location. You acknowledge and understand that certain permissions may be required on your mobile device, including permission to access the camera, microphone and certain network status information for the proper functioning of the Application on your mobile device. Granting the Application these permissions may result in consumption of additional battery power or data usage or charges. You hereby agree to grant the Application the foregoing permissions on your mobile device to enable the Application to function effectively.

  1. 7. Payment Processor

    7.1 We use a third-party payment processor (the “Payment Processor”) in connection with any payment made in connection with the Services, in which case your use of the Services will also be subject to the terms, conditions, and privacy policies of the Payment Processor. Payments processed via the Payment Processor are not accessible or controlled by us. Your access to the Services may be suspended or you may incur additional charges from the Payment Processor if your billing contact information is incorrect or not updated in our records. We are not responsible for any damages arising out of (i) any account suspensions resulting from your incorrect billing contact information, or (ii) any errors or omissions by the Payment Processor or by your credit card issuer.

  1. 8. Intellectual Property

    8.1 We, or if applicable, our affiliates, shall continue to own and retain all right, title and interest, including all related patents, copyrights, trademarks, trade dress, and other intellectual property rights, in all technology, information and data that is provided through, or which abides in, the Application, including, without limitation, all, images, data, text, audios, videos, photographs, graphics, drawings, logos, button icons, descriptions, music, sounds, questions, comments or suggestions, and all trademarks, service marks and trade names and the selection and arrangements thereof (collectively, “Application Content"). Except as expressly provided in these Terms, no license to use, copy, distribute, republish, transmit or otherwise exploit any Application Content is given to you and all such intellectual property rights in and to the Application Content are expressly reserved to us or one of our affiliates, as applicable. Nothing in these Terms shall be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any Application Content or any of our intellectual property rights (including any trademarks, tradenames or service marks) without our prior written permission. Neither our names nor our logos may be used in any way without our prior written permission.

    8.2 The contents of the Application may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden. You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of the Application for commercial profit or gain. Nothing in these Terms or on the Application shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on the Application.

  1. 9. User Conduct

    9.1 When using the Application, you shall not post or send to or from the Application:

    1. content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Application is being used; and
    2. content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

    9.2 We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to the Application in breach of these Terms.

    9.3 You shall not use the Application while distracted or preoccupied, such as when operating a motor vehicle. You should access the Application only with due regard for your own safety and the safety of others.

  1. 10. Links to and from Third Party Webapps

    10.1 .The Application may contain links to third-party applications, websites, or other content that are not owned or controlled by us. We have no control over, and disclaim any responsibility for the contents of such linked third-party applications, websites, or other content, and accept no responsibility for them or for any loss or damage that may arise, for you or for any third-party, from your use of such third-party applications, websites, or other content. We further disclaim any responsibility for any form of transmission received from any linked third-party applications, websites, content or advertising. We provide these links to you as a convenience and inclusion of any link herein shall in no way be construed as an endorsement by us. If you decide to access third-party applications, websites, or other content through the Application, you do so at your sole risk.

    10.2 If you would like to link to the Application, you may only do so on the basis that you link to, but do not replicate, any page of the Application, and subject to the following conditions:

    1. you do not in any way imply that we are endorsing any services or products without our prior written permission;
    2. you do not misrepresent your relationship with us or present any false information about us;
    3. you do not link from a webapp that is not owned by you; and
    4. your website or webapp does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States.

    10.3 If you choose to link the Application in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

    10.4 We reserve the right, at any time, for any reason, to deny permission to anyone to link a website or webapp from or to the Application.

  1. 11. User Materials and Improvements

    11.1 You are responsible for any content that you post on the Application or submit to us via the Application (“User Materials”). By submitting any User Materials, you hereby grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Materials.

    11.2 We shall have the full right and license to use any feedback, suggestions, comments, ideas or the like received from you for improvement (“Improvements”) to the Application, the Services or for any other legitimate business purpose. Any alterations, changes, modifications, enhancements, additions, restructuring or deletions made to, or derivatives of or other products derived from, or as a result of such Improvements or otherwise arising in connection with the performance under these Terms shall be our sole and exclusive property, together with all intellectual property and other rights therein.

    11.3 You hereby agree that you will not submit any information considered to be confidential or proprietary. You hereby represent and warrant that any User Materials and Improvements you submit to us is either your original content or that you have obtained all necessary rights to your User Materials and Improvements, including the right to authorize us to use your User Materials and Improvements.

  1. 12. Collection and Use of Data

    12.1 We may monitor the Application to evaluate the quality of Services you receive, your compliance with these Terms, the security of the Application, or for any other business reason, such as, by way of example only, improving or modifying the Application and its features. You hereby acknowledge and agree that we have the right to collect, store, process, maintain, upload, sync, transmit, share, disclose, aggregate, analyze, and use aggregated or non-individually identifiable data created by the Application (“Data”) to facilitate the provision of the Application, to create new products or services, to improve our existing products or services, or for any other legitimate business reasons. Such Data typically includes, but is not limited to usage logs, activity audits, information regarding the characteristics, status, and usage of the Application. We shall own all right, title, and interest in such Data and any aggregations, analyses, reports, programs, and output based on or including such Data (“Derivative Data”) and shall retain all such Data and Derivative Data after termination of these Terms.

    12.2 You hereby assign to us any rights you may have to any Data or Derivative Data and further agree that monitoring activities undertaken by us will not entitle you to any cause of action or other right with respect to the manner in which we or our affiliates or agents monitor the Application. In no event will we or any of our affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by us or our affiliates or agents.

  1. 13. Modifying these Terms

    13.1 We reserve the right, at any time, to modify, alter, or update these Terms, and you agree to be bound by such modifications, alterations, or updates ("Modification") at any time, without any prior notice to you. Such Modification will be effective immediately upon notice to you, which notice may be given by any means, including, but not limited to, posting on the Application and electronic or conventional mail. Your access and use of the Application following any such Modification constitutes your agreement to accept and comply with these Terms as modified. The “Effective Date” legend at the end of these Terms indicates the date on which the Terms were last updated.

  1. 14. Warranties and Disclaimers; Limitation of Liability

    14.1 All information on the Application is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on the Application. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Application or reliance on the information.

    14.2 THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS (“OUR PARTIES”) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO YOUR USE, INABILITY TO USE, OR IMPAIRED USE OF, THE APPLICATION, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE APPLICATION OR ANY PRODUCTS, INFORMATION OR SERVICES PROVIDED THROUGH THE APPLICATION, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

    14.3 OUR PARTIES MAKE NO WARRANTY THAT THE APPLICATION WILL BE UNINTERRUPTED, RELIABLE, ERROR-FREE, VIRUS-FREE, MALWARE-FREE, CURRENT, ACCURATE OR COMPLETE, OR WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU AGREE THAT TEMPORARY INTERRUPTIONS OF THE APPLICATION MAY OCCUR AND WE HAVE NO CONTROL OVER ANY THIRD-PARTY NETWORKS IN CONNECTION WITH OUR SERVICES OR ANY DELAYS OR DISRUPTIONS OF NETWORK TRANSMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OUR PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

    14.4 IN NO EVENT WILL OUR PARTIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR IMPAIRED USE OF, THE APPLICATION, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER WEBSITE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY FOR ANY CLAIMS INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE EVEN IF THE POSSIBILITY OF SUCH DAMAGE OR LOSS IS FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED $10.

  1. 15. Indemnification

    15.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD OUR PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, MADE BY ANY PERSON ARISING OUT OF (I) YOUR VIOLATION OF THESE TERMS, STATE OR FEDERAL LAWS OR REGULATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT, (II) YOUR USE OR INABILITY TO USE THE APPLICATION, (III) ANY ERRORS, INACCURACIES OR DELAYS IN THE CONTENT, MATERIALS, OR INFORMATION PROVIDED TO YOU VIA THE APPLICATION, OR (IV) CLAIMS RELATED TO UNAUTHORIZED DISCLOSURE OF YOUR OR A THIRD-PARTY’S DATA THAT ARISES FROM YOUR USE OF THE APPLICATION.

  1. 16. Term and Termination

    16.1 These Terms will become effective on the date you accept them by clicking “Accept,” “I agree,” or a similar button on the Application or through another acceptable means. These Terms will be applicable to you for the duration that you access or use the Application or Services. We may, at our sole discretion, at any time without prior notice to you: (1) change, restrict access to, suspend, or discontinue the Application or Services, any portion of the Application or Services; (2) add, remove or modify any Services or functionality that is available through the Application; or (3) terminate your access to all or a portion of the Application or Services.

  1. 17. Parental Control Protection

    17.1 As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. We do not sponsor, endorse or control any of these or similar companies that provide parental control protections or their services.

  1. 18. Digital Millennium Copyright Act

    18.1 We respect your and any third-party’s intellectual property and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any “Notification of Claimed Infringement” which may be given under that Act is

    Winn Military Housing Services
    One Washington Mall
    Suite 500
    Boston, Massachusetts 02108
    617-742-4500
    [email protected]

    18.2 If you believe that your work has been copied on the Application in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Application where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

  1. 19. Jurisdictional Issues and Applicable Law

    19.1 Unless otherwise specified, the materials in or accessible through the Application is directed at residents of the United States, its territories, possessions, and protectorates. The Application is controlled and operated by us from our offices in the United States. We make no representations that the Application, Content, materials in or accessible through the Application is appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Access to the Application and/or the content may not be legal in certain countries outside the United States. If you access the Application from outside the United States, you do so at your own risk and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable.

    19.2 Our Application is subject to the United States export control laws and regulations and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Application, as may be required. You may not use or export the information or materials in violation of United States export laws and regulations. The information provided in or accessible through the Application is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or other requirement within such jurisdiction or country.

  1. 20. Governing Law; Mandatory Arbitration

    20.1 Governing Law. Any disputes arising in connection with Services, the Application, these Terms shall be governed by and construed and enforced solely and exclusively in accordance with the laws of the State of New York, without regard to its conflicts of law principles.

    20.2 Mandatory Arbitration. You agree to provide a written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any such disputes in good faith thereafter. If the dispute is not resolved, within 30 days of a party providing notice to the other party, both parties agree that the dispute will be resolved through individual, non-representative, binding arbitration held in English, instead of a proceeding in courts of general jurisdiction. Any such disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by these Terms to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at New York, New York. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.

    20.3 Waiver of Right to Jury Trial and Class Action. YOU EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.

  1. 21. General

    21.1 Assignment. Your obligations and rights under these Terms may not be assigned, in whole or in part, without our prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.

    21.2 Severability. These Terms, other terms or legal notices published by us on the Application, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Application. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY OR ON BEHALF OF YOU ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    21.3 Survivability. The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Application or the Services survive termination of these Terms.

    21.4 No Third-Party Beneficiaries. Except as expressly stated, no provisions of these Terms create any third-party beneficiary.

    21.5 Other Agreements. You understand that you may enter into separate agreements with us, a building manager, a landlord or another third-party in connection with your access to and use of Services through the Application, including, without limitation, an “End User License Agreement.” You acknowledge and understand that your use of the Services will be subject to the provisions of any such other agreements, in addition to these Terms.

    21.6 Apple iOS. If you use the Application on an Apple phone, mobile device or other device running iOS, you acknowledge that these Terms is concluded between you and us only, and not with Apple, and that Apple, and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be considered to have accepted that right) to enforce these Terms against you as a third-party beneficiary of these Terms. Subject to these Terms, we, not Apple, are responsible for addressing any claims you may have relating to the Application, your possession or use of the Application, including (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) claims related to payment and refund of any subscription fee, as applicable. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund any subscription fee for the Application to you, for the duration of the subscription term when the Application was non-compliant. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. In addition, Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third-party’s intellectual property rights, subject to these terms, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  1. 22. Our Contact Information

    Winn Military Housing Services
    One Washington Mall
    Suite 500
    Boston, Massachusetts 02108
    617-742-4500
    [email protected]
     

    Effective Date: 2/1/23