Terms of Use

Your access and use of the www.saxony-indiana.com Website (the "Website") which is owned and operated by Republic Development Corporation ("Saxony") in connection with its Saxony Project constitutes your acceptance of the Terms of Use set forth in this document. The term "Saxony" also includes the reference to the 750-acre, mixed-use development in Hamilton County, Indiana, as the context may require.

1. Acceptance of Terms of Use. Saxony hereby allows you to access and use the Website, subject to these Terms of Use. You hereby agree to abide by each of the provisions of these Terms of Use and all applicable laws. Any persons who do not wish to accept these Terms of Use should immediately cease usage of the Website.

2. Privacy. Your accessing and use of the Website is also subject to the terms and conditions of the Saxony Privacy Policy, which is hereby incorporated by reference. If you communicate to Saxony through the Website any ideas, suggestions or other comments, all such communications will become Saxony's property and will not be considered confidential or proprietary, except to the extent that any such communications include personally identifiable information which will be collected by Saxony in accordance with its Privacy Policy. Saxony and its affiliates and subsidiaries and other licensees may freely use, copy, disclose, publish or disseminate any communications made by you to Saxony through the Website for any purpose whatsoever, including, without limitation, the development and marketing of products. You will not receive any compensation in the event Saxony elects to use your communications in any way.

3. Ownership of Materials. All materials which are available on the Website, whether consisting of text, audio, pictures, graphics or other materials (collectively, the "Materials") belong to Saxony or its subsidiaries, affiliates or licensors. All Materials are copyrighted by Saxony, unless otherwise noted in the Website. Your use of the Materials is specifically governed by Section 4 below and the other provisions of these Terms of Use.

4. Conduct by User. Saxony has elected to provide this Website to inform and educate you and otherwise communicate with you about Saxony and its products. You are granted permission to use the Website only for legitimate and lawful purposes. In the case of consumers accessing and using the Website, Saxony's permission to use the Website is limited to allowing the consumer to view and download any Materials only for non-commercial, personal usage. Businesses accessing and using the Website may view and download Materials only to the extent necessary to evaluate their participation in Saxony as a development, and not for any other purpose. The foregoing permission is granted on the express understanding and your agreement that you will not: remove any copyright or other notices of ownership of rights within the Materials; or seek to license, transfer, sell, disseminate, alter, display or publish, or copy (except for the purposes set forth above) Materials without the prior written consent of Saxony. Any unauthorized usage of Materials may violate applicable laws, including, without limitation, laws relating to copyrights, trademarks and rights of publicity and privacy.

5. Intellectual Property. All intellectual property which may appear on the Website is the exclusive property of Saxony and its subsidiaries, affiliates and licensors, unless otherwise noted. Such intellectual property includes trademarks, service marks, tradenames, logos, slogans, designs, and any copyrights. No license is granted to any user of the Website with respect to any such intellectual property rights, all of which are expressly reserved by Saxony and its subsidiaries, affiliates and licensors. Saxony reserves the right to enforce these intellectual property rights to the fullest extent as permitted by law.

6. Links to Third Party Sites. Saxony does not own or have control over any other Internet sites which may be linked to the Website. If Saxony provides such links, they are provided for convenience only. Saxony specifically disclaims any and all responsibility or liability for any use of such sites and Saxony does not endorse or approve of any matter which may be located at any such third party sites. If you elect to access and use any third party sites, you do so at your own risk.

7. EXCLUSION OF LIABILITY. NEITHER SAXONY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM OR RESULTING FROM YOUR USE OF THE WEBSITE. SAXONY WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE OR THE MATERIALS PROVIDED THEREIN. SUCH EXCLUSION FROM LIABILITY WILL BE APPLICABLE WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SAXONY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT.

THE LIMITATIONS OR EXCLUSIONS CONTAINED IN THESE TERMS OF USE MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTAL OR OTHER DAMAGES. SAXONY'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO RECEIVE INFORMATION FROM OR ACCESS OR USE THE WEBSITE (IF ANY).

8. NO WARRANTIES. YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE MATERIALS PROVIDED IN THE WEBSITE ARE PROVIDED "AS IS" AND SAXONY DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR QUALITY OF MATERIALS PROVIDED IN THE WEBSITE AND NON-INFRINGEMENT.

SAXONY PROVIDES NO WARRANTY THAT ANY INFORMATION SENT TO IT BY YOU WILL BE SECURE FROM ACCESS BY THIRD PARTIES. SAXONY ALSO DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW SAXONY TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

9. Revisions to the Terms. These Terms of Use may be changed or restated by Saxony at any time, in its sole discretion and without advance notice. You will be bound by any such changes or restatements and you should periodically visit this Website to review the then current version of these Terms of Use.

10. Site Security. You may not violate or attempt to violate the security of the Website. Civil or criminal liability may result if you violate the security of Saxony's system or the Website. Saxony may choose to pursue any such violations with the assistance of law enforcement authorities.

11. Governing Law; Arbitration. These Terms of Use and your use of the Website are governed by the laws of the State of Indiana in the United States of America, without regard to its choice of law provisions.

12. General Terms. These Terms of Use constitute the entire agreement between you and Saxony concerning your use of the Website. The failure of Saxony to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then such provision shall be severed from these Terms of Use and the surviving provisions shall remain in full force and effect.