Last Modified: December 14, 2021

Welcome to FiveTwentyFive East Broad, LLC dba VIDA Apartments & Townhomes (VIDA), vidarochester.com (Site). Throughout the site, the terms “we”, “us” and “our” refer to VIDA. Please read these Terms of Use (Terms) carefully before you access/use our Website. Accessing or using our Website automatically means that you have read the Terms and have agreed to be bound by and comply with them. If you are unwilling to be so bound, please promptly exit the Site. VIDA reserves the right to modify the Terms at any time by posting an update at this Site. It is your responsibility to visit this page periodically because you accept those changes if you use our Site after publishing any changes to the Terms.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Data Collection 

We do not routinely collect Personal Information from users entering this Site. We use a standard feature found in browser software, called a “cookie,” to assign each visitor a unique, random number. Cookies allow us to track the pages on this Site visited by users and collect other statistical information. Our Cookie Policy can be found here.

We are the sole owners of the information collected on this Site. We only have access to/collect the information you voluntarily give us via email or other direct contact. We will not sell or rent this information to anyone.

We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organization other than as necessary to fulfill your request.

Acceptable Use Policy

You may use the Site only for lawful purposes and under these Terms and Conditions.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To solicit others to perform or participate in any unlawful acts.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Site, or which, as determined by us, may harm VIDA or users of the Website or expose them to liability.
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
• Use any robot, spider, or other automatic devices, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• 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.
• Otherwise attempt to interfere with the proper working of the Website.

Privacy Policy

Our privacy policy, which sets out how to use your information, can be found here. By using this Site, you consent to the processing described therein and warrant that all data provided by you is accurate. We may modify our Privacy Policy at any time.

Intellectual Property, Software, and Content

The intellectual property rights in all content, including website designs, video, text, photographs, and graphics on the Site, remain the property of vidarochester.com and are protected by copyright laws and treaties worldwide. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site, nor may you use any such content in connection with any business or commercial enterprise unless given express written permission by us.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Linking to this Site

You may link to our home page, provided you do so in a fair and legal way and does not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that you do not own. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimers

VIDA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. VIDA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION, OR DESTRUCTIVE FEATURES. VIDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. VIDA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST VIDA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

In no case shall VIDA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Termination and Modification 

VIDA reserves the right to do any of the following, at any time, without notice:

1. To modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason.
2. To modify or change the Site, or any portion of the Site, and any applicable policies or terms.
3. To interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

We may terminate or suspend your use of the Site, or block any IP address at any time without cause without any liability to you.

Further, we may terminate or suspend your permission to use the Site immediately and without notice upon any violation of these Terms of use, upon the request of law enforcement or government agencies, for unexpected technical issues or problems, or for engagement by you in fraudulent or illegal activities.

Upon any termination, we may bar you from further use of the Site. You agree that we will have no liability to you or any third party to terminate your access to the Site.

Governing Law

By choosing to visit our Site or provide information to us, you agree that any dispute over privacy or the terms contained in this Terms of Use will be governed by the laws of the United States of America and the laws of the State of New York.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use.)

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes to this Policy 

VIDA may revise these terms of use for its Site at any time without notice. By using this Site, you agree to be bound by the then current version of these Terms of Use.

Contact Information

Questions about the Terms of Use should be sent to us at website@vidarochester.com.