Terms of Use


About Us.  Lowe Enterprises, Inc. (“Lowe”) is based in Los Angeles, California, and has subsidiaries located throughout the United States.  Lowe maintains and operates this web site to provide information and communications about our company.  By making this web site available to you, we do not intend to be considered to be doing business in the jurisdiction where you reside or where you view or otherwise interact with this web site.   If you have any questions, complaints or comments regarding this web site, please contact: Marketing and Public Relations Department, Lowe Enterprises, Inc., 11777 San Vicente Boulevard, Suite 900, Los Angeles, California 90049.  

Authorized Use. We invite you to use this web site solely to obtain information and communications about our company, but we must insist that you do not use the web site for any other purpose.  We also must insist that you refrain from using (or causing or permitting others to use) any device or computer program to attempt to interfere with the intended and efficient functioning of our web site.  You agree that you will not use the web site in any way that may lead to the encouragement, procurement or carrying out of any criminal or other improper activity.  

Vacation Packages, Hotel Reservations or Other Travel-Related Services.  We accept no responsibility for any solicitor or other third party that claims to be selling vacation packages or other travel-related services at any hotel, resort or other leisure or travel-related business operated by us or by any of our subsidiaries (including without limitation, Destination Hotels & Resorts) or by companies hyperlinked from this web site or any web site of our subsidiaries.  

Not an Offer to Sell or Lease Real Estate.  The listing or identification of real estate on this web site does not constitute an offer to sell or lease such property.  Persons interested in discussing the availability of properties for sale or lease should contact us at the address on the “Contact Us” page of this web site.   

No Liability for Property Descriptions.  The web site may contain descriptions and other details concerning real estate.  These descriptions and other details are intended solely to provide a very generalized orientation of the property, and are not intended to be relied on by you for any purpose.  Highlighted project features and amenities detailed in an artist’s rendering on this web site are based on preliminary development plans but may not be built and are subject to change without notice. Photography used on this web site is for illustrative purposes only and does not necessarily represent final construction.  We make no guarantee that the proposed construction, features, amenities or other area improvements on real estate described on this web site will be built or will be of the style, character or completeness as described on this web site.  All content on this web site is for informational purposes only and is subject to change without notice.  You agree that neither Lowe nor any of its subsidiaries or representatives (i) have made or make any representation or warranty, expressed or implied, as to the accuracy or completeness of these descriptions or other details, or (ii) shall have any liability whatsoever to you relating to or resulting from the use of these descriptions and details or any errors or omissions.  

Unauthorized Use of Intellectual Property.  We do not grant permission to anyone to use the name, logo or any other mark, trademark or service mark of ours, or of a division or subsidiary, or of any property, development, hotel, resort or business appearing on this web site unless we expressly agree in advance in writing.  

Content Within the Web Site.  We strive to provide content on our web site that is useful to you, but we must protect our legal rights in the content.  All content accessible within the web site (including without limitation, the “look and feel” of the web site, all text, formatting, graphics, designs, animation, images, audio, video and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties.   To avoid any claim of infringement or other wrongdoing, you agree not to: (1) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the web site content; (2) frame or deep-link to the web site; or (3) use meta tags or any other hidden text utilizing our or our subsidiaries’ trademarks or service marks on or in connection with another domain name or web site. The only exception to this is that you may make a copy of pages from this web site solely for your use in connection with doing business with us currently or prospectively.  In so doing, you agree that you will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of our web site content.  

We Own the Information You Send to Us.  We recognize that sometimes you may want to provide us with business proposals (including offers to purchase or sell real estate).  In addition you might send us your ideas, suggestions, or other content for consideration.  While we value your interest in our company, properties, projects and services, we are unable to accept any obligations or limitations on our acceptance of the information.  Any information that you transmit to us, excluding information that is covered by our Privacy Policy, will be considered non-confidential and non-proprietary (“Non-Proprietary Information”).  All Non-Proprietary Information will become our property, and we will be free to use it in any way we choose without any obligations to you.   By submitting business proposals (including offers to purchase or sell real estate), we are not bound to any terms or conditions proposed by you, including without limitation a purported obligation to pay a commission or other compensation (such as a finders fee), or a purported obligation to refrain from contacting and/or consummating a business transaction with someone whose interests you purport to represent or someone on whose behalf you purport to act.   In addition, by submitting such business proposals, or ideas, suggestions, comments or other content of any sort to us, you are assigning to us all related right, title and interest in those ideas, suggestions, comments and content, along with all associated copyrights or other proprietary or legal rights.  You agree that we will own the exclusive right to use, throughout the world, such ideas, suggestions, or other content that you provide to us, without compensation or further obligation to you.  You also agree to take any further action (including signing affidavits and other documents) that we reasonably request to create, record or perfect our rights as contained in this paragraph.  

Action in Response to Violation of Terms of Use. Violating these Terms of Use or misusing or infringing our intellectual property rights may result in legal action against you. For instance, you could be subject to civil, criminal and injunctive relief, be barred from the web site (without notice and at our discretion), or be subject to other remedies available under the law.  Because money damages may not provide adequate relief to us for violation of these Terms of Use, you consent to injunctive or other equitable relief in such instances, without the need for us to post a bond or other security.  

Links to Other Web Sites. In some instances, our web site may reference or link to web sites that we do not own or control.  If you choose to visit these web sites, please remember that we are not responsible for their content, their terms of use, or their privacy policies.  We encourage you to read and review the terms of use and other legal terms and policies of all web sites you visit.  You understand that we will not be liable to you in respect of any loss or damage which you may suffer by using those web sites.  You agree that you will not involve Lowe in any dispute between you and a third party.  

Indemnity. You agree to indemnify and hold us, and our officers, employees, representatives, contractors and agents (“Indemnified Parties”) harmless from any liability, loss, claim and expense, including attorneys’ fees and expenses, related to your violation of these Terms of Use or your use of our web site.  

Disclaimer. To the extent permitted by applicable law, everything on this web site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by applicable law, Indemnified Parties will not be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for personal injury (including death) or property damage, loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the web site or the use or reliance upon, any of the content or any information accessed from the web site.  

Void Where Prohibited By Law.  This web site may contain advertising not intended for residents of any jurisdiction where such advertising is not permitted by law.  Any content of this web site that might constitute a violation of law is void.  

Governing Law and Venue. If you use this web site and a dispute results relating to your use, the dispute will be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree that all such disputes will be determined in the state and federal courts located in Los Angeles County, State of California, even though doing so may be difficult or inconvenient for you.  

Who We Are. When we say “we” or “us” or “Lowe” in these Terms of Use, we mean Lowe Enterprises, Inc., our subsidiaries (as the case may be), and the agents we use to provide services on our behalf.  

Severability. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality and enforceability of such provision in every other respect, and the validity, legality and enforceability of the remaining provisions contained in these Terms of Use, will not be impaired in any way by such holding.  

Revisions to Terms. By using this web site, you consent to and accept these Terms of Use.  We are constantly looking for new ways to improve the web site, and we reserve the right to change these Terms of Use periodically, without providing individual notice, by updating these Terms of Use.  All changes will take effect once they have been posted on this web site.  You agree that it is your responsibility to monitor this web site for these updates and that your continued use of the web site after the revisions have been made will constitute your full acceptance of the revised terms and conditions.  

The content on this web site is the property of Lowe Enterprises, Inc.  

Copyright © 2006 Lowe Enterprises, Inc.   All Rights Reserved.