TERMS AND CONDITIONS
Acceptance of the Terms and Conditions

These terms and conditions are entered into by and between you and ACP/DLF Peachtree Center LLC (the “Company”, “we” or “us”).  Your access to, browsing of or use of this website and any mobile sites and applications, including, without limitation, the Company’s Mobile Coupon Program (collectively, the “Website”) is subject to the following terms and conditions (the “Terms and Conditions”) as well as all applicable laws.  Please read the Terms and Conditions carefully.  By accessing, browsing or using the Website, you accept and acknowledge your assent to, without limitation or qualification, the Terms and Conditions and our Privacy Policy.  If you do not agree to the Terms and Conditions or the Privacy Policy, then please do not access, browse or use the Website.

Mobile Coupon Program

By participating in the Company’s Mobile Coupon Program, you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in.  Consent is not a condition of purchase.  Message & data rates may apply. If you would like to be removed from the Company’s Mobile Coupon Program text list you must text STOP to 76671 to opt-out.  This is the exclusive method for opting out.  After texting STOP to 76671 you will receive one additional message confirming that your request has been processed.  Text HELP to 76671 for help or contact customer care at www.vibes.com/help.

In the event that you change or deactivate your mobile number it is your responsibility to notify the Company at www.vibes.com/help to have your number removed.  The mobile carriers are not liable for delayed or undelivered messages.

Changes to the Terms and Conditions and the Mobile Coupon Program

We may revise and update the Terms and Conditions from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes.  You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.

With respect to the Company’s Mobile Coupon Program, the Company reserves the right to alter the message frequency of our Mobile Coupon Program at any time (i.e. the Company may change the frequency of texts that you receive under the Mobile Coupon Program).  We will notify you via text if we change the frequency and provide you with the opportunity to opt out.

Copyright

All designs, text, graphics, the selection and arrangement thereof, and all code and software on and in the Website are Copyright 8 2019, ACP/DLF Peachtree Center LLC, a Delaware limited liability company.  All rights reserved.  You should assume that the underlying code and everything you see or read on the Website (collectively, the “Information”) is copyrighted unless otherwise noted.  The Information may not be used other than in accordance with the Terms and Conditions without the prior written consent of the Company.  The redistribution, retransmission, republication, sale or commercial exploitation of the Information is expressly prohibited without the prior written consent of the Company, except that you may view and download one copy of the Information to one computer for your own personal, non‑commercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices.  The Company neither warrants nor represents that your use of the Information will not infringe upon the rights of third parties not owned by or affiliated with the Company.  You may not use any type of automated method of retrieving data from the Website, nor access, acquire, copy or monitor the Website or the Information, nor in any way reproduce or circumvent the navigational structure or presentation of the Website or the Information.  You may not obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website without the prior written consent of the Company.

Trademarks

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of the Company and others.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written consent of the Company or such third party that may own the Trademarks displayed on the Website.  The Trademarks displayed on the Website may not be used other than in accordance with the Terms and Conditions.  You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Prohibited Activities

The Information, as well as the infrastructure used to provide such Information, is proprietary to the Company or the Company’s providers.  You agree not to: (a) use the Website or the Information for any commercial purpose; (b) access, monitor or copy any Information using any robot, spider, scraper or other automated means or any manual process for any purpose without the prior written consent of the Company; (c) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (d) take any action that imposes, or may impose, in the Company’s discretion, an unreasonable or disproportionately large load on the Company’s infrastructure; (e) deep-link to any portion of the Website for any purpose without the prior written consent of the Company; or (f) “frame,” “mirror” or otherwise incorporate any part of the Website into any other website without the prior written consent of the Company.

Errors and Omissions

Although the Company uses its best efforts to provide Information that is accurate and up to date at the time it is posted, the Company assumes no liability or responsibility for any errors or omissions in the Information.  The Information may contain technical inaccuracies, typographical errors or information that may have become outdated over time.  While the Company may revise the Information from time to time, the Company does not undertake, and hereby disclaims, the duty to correct, keep current or update the Information.

THE COMPANY IS PROVIDING THE WEBSITE AND THE INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, THE INFORMATION OR ANY WEBSITE THAT IS HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF THE INFORMATION, AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Disclaimer of Liability

Your access to, browsing of or use of the Website is at your own risk.

NEITHER THE COMPANY NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR THE INFORMATION SHALL BE LIABLE FOR ANY DAMAGES, LOSSES OR OTHER LIABILITIES, INCLUDING, WITHOUT LIMITATION, (A) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO DATA, SOFTWARE OR COMPUTER EQUIPMENT, (C) LOSS OF OR DAMAGE TO INCOME OR PROFITS, (D) LOSS OF OR DAMAGE TO PROPERTY OR (E) CLAIMS OF ANY PERSON OR ENTITY, WHETHER BASED IN LAW OR IN EQUITY OR ON STATUTE, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY REASON ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, BROWSING OF OR USE OF THE WEBSITE, THE INFORMATION OR ANY WEBSITE HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, VIRUS, TROJAN HORSE, WORM OR OTHER HARMFUL COMPONENT, OR LINE FAILURE, OR ANY DECISION MADE OR ACTION OR INACTION IN RELIANCE ON THE WEBSITE, THE INFORMATION OR ANY WEBSITE HYPERLINKED HERETO OR HEREFROM.

Please note that some jurisdictions may not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to you.

Indemnification

As a condition to accessing, browsing or using the Website, you agree to indemnify and hold harmless the Company, its affiliates and its and their respective directors, managers, officers, employees and agents against any and all liabilities, expenses (including, without limitation, attorney’s fees and court costs) and damages arising out of or otherwise in connection with claims resulting from or otherwise in connection with your access to or use of the Website, including, without limitation, any claims alleging facts that, if true, would constitute a breach of the Terms and Conditions.

Products and Services

The products and services described on the Website may not be available in all geographic areas.  Not all persons or entities are eligible for all of the products or services described.  The Company reserves the right to determine, in its sole discretion, the eligibility for any such product or service.  The Company may at any time and without notice make changes in, temporarily suspend or permanently discontinue the products or services described on the Website.

Cookies

The Company may set and access cookies on your computer.  A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies allow the Website to serve the user with specific information tied to the user and help facilitate ongoing access to the Website.  You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website.

Off-Website Links

The third-party Websites hyperlinked to or from the Website are not under the control of the Company.  The Company has not reviewed any or all of the third-party Websites hyperlinked to or from the Website.  The Company does not make any representations or warranties regarding, and is not responsible for, the content or accuracy of any third-party Websites hyperlinked to or from the Website.  The products and services which can be accessed, purchased or obtained through such third-party Websites are from persons or entities other than the Company.  The Company does not make any representations or warranties of any kind, including warranty of merchantability or warranty of fitness for a particular purpose, with regard to such services and products.  If you chose to hyperlink to or from any third-party Website hyperlinked to or from the Website, then doing so shall be at your own risk and the Company recommends that you carefully review such third-party Websites’ terms and conditions and security and privacy policies, as they may differ from those of the Company.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and agree to it.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with the Terms and Conditions.  You agree not to use the Website (a) in any way that violates any applicable federal, state, local, or international law, rule or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries), (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms and Conditions, (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation, (e) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Prohibited Jurisdictions

The Company does not authorize the downloading or exportation of the Information or any software or technical data from the Website to any jurisdiction which prohibits the downloading or exportation of such Information or data or to any jurisdiction prohibited by United States export control laws.

Choice of Law, Arbitration and Class Action Waiver

The Website, the Information, the Terms and Conditions, any suit, claim, action or proceeding arising out of, or with respect to, any of the foregoing, or any judgment entered by any court in respect thereof, shall be governed by and construed in accordance with the laws of the State of Delaware without regard to any conflicts of laws principles which might direct the application of the laws of another jurisdiction.

Any dispute or claim arising out of, or with respect to, the Website, the Information or the Terms and Conditions, will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.  You and the Company hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration.  Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”).  However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement to arbitrate, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules.  The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT TO ARBITRATE DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD.  RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.  FURTHER, AND UNLESS YOU AND THE COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and the Company are each responsible for your respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  The Company, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous.  Otherwise, the AAA’s Rules regarding costs and payment apply.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

Amendments

The Company may at any time and without notice revise the Terms and Conditions by updating this posting.  You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.  You should also know that the Company continuously revises the Information.

Severability

In the event that any one or more of the provisions contained in the Terms and Conditions shall be declared invalid, void or unenforceable, the remaining provisions of the Terms and Conditions shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner in which it was written.

Contact Information

If you have any questions, comments or concerns about the Terms and Conditions, then you may contact us in the following ways:

Mailing Address:
Peachtree Center
Attn:  Management Office
225 Peachtree Street NE
Suite 200 – South Tower
Atlanta, GA 30303

Email Address: lbland@banyanstreet.com

Phone Number: 1-404-524-3787