Website Terms of Use


  1. User’s Acknowledgment and Acceptance of Terms of Use.

These terms of use (the “Terms of Use”) are entered into by and between you and Welltower Inc. (“us” or “we”). These Terms of Use govern your access to and use of www.www.eszhu.com, including any content, functionality and services offered on or through www.www.eszhu.com (collectively, the “Site”), whether as a guest or a registered user. In addition, when using particular services or materials on the Site, you are subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

Please read these Terms of Use carefully before you start to use the Site. BY ACCESSING OR USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE.? IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.? YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY FACILITIES, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE, THE CONTENT AND OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, AND/OR THOSE PARTICULAR SERVICES.? YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.

We reserve the right, at our sole discretion, to change, revise or modify these Terms of Use at any time and from time to time without notice to you.? Such changes, revisions or modifications shall be effective immediately when we post them.? You acknowledge and agree that it is your responsibility to review the Site and these Terms of Use periodically and to be aware of any changes, revisions or modifications.? Your continued use of the Site after the posting of any changes, revisions or modifications will constitute your acceptance and acknowledgement of the changed, revised or modified Terms of Use and agreement to abide and be bound by them as changed, revised or modified.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, representatives, suppliers, partners, and sponsors, and includes, without limitation, all parties involved in creating, producing, and/or delivering the Site and/or its contents.

  1. Description of Services.

We make various services available and conduct certain business on the Site, including marketing of buildings and properties, processing of maintenance requests, and gathering of information relating to our business.? You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and your own Internet access.

We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you.? We shall not be liable to you or any third party if we exercise such right.? Modifications may include, but are not limited to, changes in quoted rates, terms, availability, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through the Site may occur as normal events.? You further understand and agree that we have no control over third-party networks you may access in the course of your use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on the Site are provided “AS IS” and that we assume no responsibility for the accuracy of information; the timeliness, deletion, misdelivery, or failure to store any user communications or personalized settings; or viruses or other causes that disrupt, damage, or limit the functionality of your software, hardware, or telecommunications equipment.

  1. Registration Data and Privacy.

In order to access some of the services on the Site, you will require a separate account and password that can be obtained by completing our online registration or sign-in form, which requests certain information and data (“Registration Data”). By registering or signing in, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you.? The information we obtain through your use of the Site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

  1. Payment of Fees.

If you request certain services or information on the Site for which we charge, we will either charge you at that time or invoice you, and you agree to pay the charges associated with such service.? In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

  1. Conduct on Site.

Your use of the Site is subject to all applicable laws, rules, and regulations, and you are solely responsible for the contents of your communications through the Site.? By using any communications service or other interactive service that may be available to you on or through the Site, you agree that you will not upload or otherwise submit or facilitate submission of any content, including text, communications, software, images, sounds, data, or other information, that:

(a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

(b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

(d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

(e) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

(f) impersonates any person or entity, including any of our employees or representatives.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.? Not all areas of the Site may be available to you or other authorized users of the Site.? You shall not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services.? Users who violate systems or network security may incur criminal or civil liability.

Additionally, you agree not to: (a) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (b) use any manual process to monitor or copy any of the material on the Site for any other unauthorized purposes; or (c) otherwise attempt to interfere with the proper working of the Site.

You agree that we may, at any time and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions.? In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

  1. Third-Party Sites and Information.

The Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.? These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services.? The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.

  1. Intellectual Property Information.

For purposes of these Terms of Use, “content” is defined as any information, communications, software, images, text, photographs, logos, trademarks, artwork, video, audio, graphics, music, sounds, and other material and services that can be accessed by users on the Site.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Site is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws, and is the sole property of Welltower Inc. and/or its Affiliates.? You are only permitted to use the content as expressly authorized by us or the specific content provider.? Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site.? Any unauthorized use of the materials appearing on the Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties.? See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The Welltower marks, Welltower product names, and certain other marks on the Site are trademarks or service marks of Welltower Inc. or its Affiliates.? All custom graphics, icons, logos, and product or service names are trademarks or service marks of Welltower Inc. or its Affiliates.? All other trademarks or service marks are property of their respective owners.? Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Welltower Inc. or its Affiliates.

  1. User’s Materials.

All information we collect on the Site is subject to our Privacy Policy.

We respect the intellectual property of others, and we ask you to do the same.? If you or any user of the Site believes its copyright, trademark, or other property rights have been infringed by a posting on the Site, you or the user should send notification to our Designated Agent (as identified below) immediately.? To be effective, the notification must include:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed;

(c) information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

(d) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below.? Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:
Welltower Inc.
4500 Dorr Street
Toledo, Ohio 43615-4040
Attn: SVP-Legal
Telephone: (419) 247-2800
Facsimile: (419) 247-2826

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  1. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

ALL INFORMATION, CONTENT AND SERVICES ON THE SITE INCLUDING, BUT NOT LIMITED TO, RENTAL RATES, FACILITY INFORMATION, STOCK PRICES, AND OTHER FINANCIAL INFORMATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.? WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE INFORMATION, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE INFORMATION, CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION, CONTENT OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, (D) THE QUALITY OF THE INFORMATION, CONTENT OR SERVICES OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS, OR (E) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE INFORMATION AND SERVICES ON THE SITE AT ANY TIME WITHOUT NOTICE.? THE INFORMATION OR SERVICES ON THE SITE MAY BE OUT OF DATE, INCLUDING INFORMATION ABOUT US AND OUR SECURITIES. WE MAKE NO COMMITMENT TO UPDATE SUCH INFORMATION OR THE SERVICES ON THE SITE AND DIRECT YOUR ATTENTION TO OUR FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION FOR THE MOST UP-TO-DATE INFORMATION ABOUT US.? THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SPECIAL, PUNITIVE, EXEMPLARY,? INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING? THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, INFORMATION, CONTENT OR SERVICES ON THE SITE, OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Indemnification.

You agree to indemnify, defend, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, arising out of or relating to your use or misuse of the Site or your violation of these Terms of Use.? We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  1. Use of Site and Storage of Material.

You acknowledge that we may establish general practices and limits concerning use of the services available on the Site, including, without limitation, the maximum number of days that uploaded content will be retained on the Site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time.? You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Site. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time.? You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

The accounts of our users operate on shared resources.? Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users.? Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

The Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility.? Although we take reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility.? You should preserve backup copies of any digital data, information, or other materials that you have uploaded.? You agree not to hold us liable for any damage to, any deletion of, or any failure to store your files, data, or Registration Data.

  1. Security and Password.

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any charges incurred.? Therefore, you must take steps to ensure that others do not gain access to your password and account.? You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.? You are solely responsible for all use of your password and account, including unauthorized use.

  1. Export Controls.

Software available on or through the Site is subject to United States Export Controls. No software from the Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.? By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  1. International Use.

Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.? Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. ??

  1. Termination of Use.

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use.??Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site.? We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.? Sections 1, 3, 5-11, 12, 14-18, and 20 of these Terms of Use, as well as your liability for any unpaid charges, shall survive any termination.

  1. ?Governing Law.

The Site (excluding any linked sites) is controlled by us from our offices within the State of Ohio, United States of America.? It can be accessed from all 50 states, as well as from other countries around the world.? As each of these places has laws that may differ from those of Ohio, by accessing the Site, we and you both agree that the statutes and laws of the State of Ohio, without regard to the conflict of laws principles thereof will apply to all matters relating to the use of the Site and any services available through the Site. We and you both agree and submit to the exclusive personal jurisdiction and venue of the Lucas County, Ohio Court of Common Pleas or the United States Federal District Court for the Northern District of Ohio, Western Division, as applicable, with respect to such matters.

  1. Notices.

All notices to us regarding any matters relating to the Site shall be in writing and shall be made either by certified mail, return receipt requested, or by nationally recognized overnight courier, to Welltower Inc., 4500 Dorr Street, Toledo, Ohio 43615-4040, Attn: General Counsel. Notices to you regarding any matters relating to the Site may be sent either to the e-mail address supplied for your account, or by certified mail, return receipt requested, or nationally recognized overnight courier to the address supplied by you as part of your Registration Data.? In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communications under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the date sent to the e-mail address supplied for your account if sent by e-mail; (2) on the delivery date if sent by certified mail, return receipt requested, and (3) one business day after deposit with a nationally recognized overnight courier if sent by overnight courier.

  1. Entire Agreement.

These Terms of Use constitute the entire agreement and understanding between you and us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto.? Except as expressly provided herein, these Terms of Use may not be altered, supplemented, or amended by the use of any other document(s), and any attempt to alter, supplement, or amend these Terms of Use shall be null and void unless agreed to in a written agreement signed by both you and us.? To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

  1. Miscellaneous.

In any action to enforce these Terms of Use, the prevailing party will be entitled to attorneys’ fees and costs. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights or obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void.? We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of the Site or any services or materials available through the Site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non delivery or delay in delivery of services available through the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

The information contained on the Site is subject to change without notice.
Copyright ? 2016 Welltower Inc.? All Rights Reserved.
Last modified: February 22, 2016

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