Terms of Use

Acknowledgment

These are the Terms and Conditions (“Terms”) that govern your use of The Vista Starkville’s website (the “Web Site”) and certain other services described below and offered by The Vista Starkville (defined below) (“Service(s)”). IMS Management (“IMS Management,” “the Company,” “we,” “our,” or “us”) provides the Web Site and Services. “You” refers to you, the individual accessing or using the Web Site or Service, as applicable. 

Your access to and use of the Web Site is conditioned on Your acceptance and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access the Web Site or use the Service.

By accessing the Web Site or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, please do not access the Web Site or use the Services.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

  1.         Additional Definitions
  • Device means any device that can access the Web Site or use the Service such as a computer, cell phone, or digital tablet
  • Service may also refer to the Web Site
  • Third-party Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available on the Web Site
  1.         Acceptable Use of the Web Site and Services

You are responsible for your use of the Web Site and Services, and for any use of the Web Site or Services made using your account. Our goal is to create a positive and safe user experience. To support this goal, we prohibit certain kinds of conduct that may be harmful to Users or to Us. By way of example, You may not use the Web Site or Services to:

  1. violate any law or regulation;
  2. violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  3. engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Web Site or Services;
  4. transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  5. impersonate any person or entity or perform any other similar fraudulent activity, such as phishing or submitting false information through an application or enrollment form;
  6. scrape or crawl any Web pages contained in the Web Site;
  7. attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Web Site or Services;
  8. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Web Site or Services; or
  9. advocate, encourage, or assist any third party in doing any of the foregoing.
  1.             Equal Housing Opportunity

The Vista Starkville provides equal housing opportunities. The Vista Starkville is committed to the letter and spirit of all fair housing laws. The Vista Starkville does not discriminate in its housing based on race, color, religion, national origin, sex, familial status, disability, gender, gender identity, sexual orientation, or any other characteristic protected by law.

  1.             Ownership

We own or license all right, title, and interest in and to (a) the Web Site and Services, including all software, text, media, and other content available on the Web Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”).  The Web Site and Services, Our Content, and Marks are all protected under U.S. and international laws.  Except as stated in these Terms and Conditions, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording, or otherwise without the Company’s prior written consent.

You agree to grant the Company a non-exclusive, unrestricted, worldwide, and perpetual right and license to use, copy, record, distribute, reproduce, disclose, sell, resell, sublicense, display, transmit, publish, and otherwise use in any manner all or any portion of any material or information you post or submit to us (on or via the Web Site, or by means other than the Web Site, including without limitation via our social media pages and accounts), and derivative works thereof, for any purpose whatsoever.

  1.             Links to Other Websites

Our Web Site may contain links to third-party websites or services that are not owned or controlled by the Company.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

If there is a dispute between users of the Web Site, or between users and any third- party, You understand and agree that our Company is under no obligation to become involved. In the event that You have a dispute with any other user of the Web Site, You hereby release Us and Our affiliates, and their officers, employees, directors, shareholders, agents, and successors (“Affiliates”) from any claims, demands, costs, liabilities, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Web Site.  

If you are a California resident, you waive California civil code section 1542, which provides: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

  1.         Contact with the Company

By registering on this Web Site and providing your contact information, you (a) agree that your registration constitutes an inquiry and/or application for purposes of telemarketing laws, and (b) consent to receive calls, text messages (including SMS and MMS messages), and other electronic messages (including those made using an automatic telephone dialing system or an artificial or prerecorded voice) from us and from our affiliated entities at any phone number, email address, or another telephonic or electronic form of contact you provided, including your home, work, cellular, or another telephone number, even if that number is registered on a corporate, state, or National Do Not Call Registry. You also understand and agree that your consent to such calls, text messages, and other electronic messages is not required to use the Services.  You represent that you are the owner or authorized user of the wireless device on which messages will be received and that you are authorized to approve any applicable charges and to consent to receive calls, texts, or other communications at the number you provide.

  1.         Privacy

Your privacy is very important to us. Your access to and use of the Web Site and Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

  1.           United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

  1.         Termination

We reserve the right to suspend, terminate, and/or block any user’s access to the Web Site or Services at any time, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Web Site and/or Service will cease immediately.

  1.             Disclaimer and Limitations of Liability

YOU USE THE WEB SITE AND SERVICES AT YOUR OWN RISK.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

  1.     Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

  1.     Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

  1.     Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

  1.     Changes to these Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is made to these Terms, we will give you notice by posting the revised Terms on the Web Site with the Revision Date. What constitutes a material change will be determined at Our sole discretion.