Terms of Website Use

Last Revised: August 2016

These Terms of Use apply to the following Peterson Companies (“Peterson Cos.”) websites:  www.fairfaxcorner.com; www.vagateway.com; www.downtownsilverspring.com; www.riowashingtonian.com; www.fairlakes.com; www.nationalharbor.com; www.petersoncos.com (hereinafter the “Websites”).   

Please read these Terms of Website Use carefully.  If you choose to continue to use or access the Websites after having the opportunity to read these Terms of Website Use, you recognize that Peterson Co. has provided valuable consideration by offering our Websites free of charge, and in exchange for that valuable consideration, you agree to the Terms of Website Use.  If you do not agree to these Terms of Website Use, please do not access or use the Websites.   

Using Our Websites

Our Websites offer opportunities for you to learn about our retail, office, and residential community development and for us to provide you with services related to our communities (“Services”).   One of the Services we provide is free Wi-Fi at some of our communities.

The Websites are intended for use by individuals 13 years of age and older.  You are not permitted to use the Websites or Services if you are under 13 years of age.

Disclaimer of Warranty

This disclaimer (“Disclaimer”) applies only to your free use of the Websites and Services.  This Disclosure does not apply to, for example, your purchase of any goods or services from the retail properties in our communities.  We are not offering these Websites in whole or in part for sale to you.  These Terms of Website Use are not a contract for sale, and these Websites are not “goods” within the meaning of the Uniform Commercial Code.  Instead, the Websites and Services are free of charge and each provided “as is” and without any warranties of any kind.  We disclaim any and all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for particular purpose.  There are not warranties which extend beyond the description on the face hereof.  The information on the Websites is for general information purposes only and does not constitute advice.

We do not warrant that the functions contained in the Websites or Services will be uninterrupted or error-free, that defects will be corrected, or that the service that makes the content available will be free of viruses or other harmful components.  Further, we will not provide for specific IT infrastructure, or connectivity.

Limitation of Liability

This limitation of liability (“Limitation”) applies only to your free use of the Websites and Services.  This Limitation does not apply to, for example, your purchase of any goods or services from the retail properties in our communities.  Your use of the Websites and Services is at your sole risk.  You agree that our sole obligation is to provide each Website “as is.”  Neither Peterson Cos. nor any of their employees, officers, directors, or agents nor any other party involved in creating, producing or delivering the Websites and Services, shall be liable to you or to any third party for your use of, or inability to use, the Websites or Services except in cases of (1) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (2) a violation of a consumer protection statute in connect with the Websites.   

Links to Other Web sites or Applications

As a resource to you, our Websites may provide links to other sites. However, because we do not control the content of these other sites, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of third party sites. Inclusion of any third party link does not imply a recommendation or endorsement. We are not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third party sites, sites framed within the Websites, or third-party advertisements. We do not make any representations regarding the content or accuracy of third-party sites. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites.

Copyright Notice

The content on our Websites is protected under applicable copyright and trademark laws.  Further, copying, redistribution or publication of any part of our Websites is prohibited. All images and text are property of Peterson Cos. and may not be downloaded, distributed, stored, reused, reposted, modified or otherwise used without our express written permission.

Indemnification

Upon request, you agree to defend and indemnify Peterson Cos. against any claims, demands, actions, damages or other liabilities, including expenses and attorney’s fees that arise from your use of our Websites or Services.

Applicable Law and Jurisdiction

These Terms of Website Use shall be governed by the laws of Virginia.  You and Peterson Cos. hereby submit to the jurisdiction and venue in courts of the state of Virginia.

Severability

If any provision of these Terms of Website Use is unlawful, void or unenforceable, you agree that the provision will be enforced to the maximum extent permissible and the remaining provisions contained in these Terms of Website Use shall continue in full force and effect.

Changes to Terms of Use

We reserve the right to make additions, deletions, or modifications to these Terms of Website Use at any time without prior notification.