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Privacy Policy

Thank you for visiting the website (referred to hereinafter as the “Site”) for the mixed-used, multifamily/retail project commonly known as The Sound, which is managed by Billingsley Property Services II, Inc. and owned by one or more of its affiliates (collectively referred to hereinafter as “The Sound”). This Privacy Policy explains how we collect, use, disclose, and share your Personal Information (as hereinafter defined) sent to The Sound through the Site. The Sound hereby reserves the right to revise this Privacy Policy from time to time and you should review this Privacy Policy each time you visit the Site so you can continue to be fully informed of the terms of this Privacy Policy.

By using the Site, you hereby agree to the terms of this Privacy Policy as stated herein. If you do not agree to the terms of this Privacy Policy, do not use, access or input any information into the Site.

This Privacy Policy is with respect to personal contact information provided by the user, as well as web analytic gathering.

PERSONALLY IDENTIFYING INFORMATION

You may provide us with personal information through the Site such as, but not limited to: your name, contact e-mail, and telephone number (“Personal Information”).

The Personal Information that you send to The Sound through the Site is not disclosed to any third party except as set forth herein or to an owner of a property about which you are inquiring. The Sound may contact you based on the Personal Information you provide in order to respond to your inquiry. The Sound may also send e-mails to you regarding promotional announcements or special offers. You may “opt out” from receiving any e-mails from The Sound at any time by following the directions on any such e-mail received, or by contacting The Sound directly by telephone at 972.483.0400 or e-mail at [email protected].

USE OF TRACKING

If you do not provide Personal Information through the Site but are browsing the Site, The Sound may automatically gather and use certain information (none of which would personally identify you) about your visit to the Site such as your IP address, Internet domain, and the date and time you accessed the Site through The Sound’ use of “cookies” and web analytics. The Site may send cookies (or bits of information) to your hard drive or any other such equipment when you are visiting the Site. Through the use of cookies, personal preferences may be stored on your hard drive. The cookies gathered through the Site may also allow for The Sound to advertise to you while you are browsing the Internet as well as provide The Sound with visitor tracking information. You may have software that will enable you to delete or reject cookies.

LINKS

The Site may provide links to other Internet websites and resources. Because The Sound has no control over such sites and resources, you acknowledge and agree that neither The Sound nor The Sound Affiliates (as hereinafter defined) are responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without The Sound’ authorization. The Sound has no control over the sites that provide links to the Site, and you acknowledge and agree that The Sound does not endorse such sites and are not responsible for any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials.

SECURITY

The Sound takes reasonable measures in order to safeguard users’ personally identifying information. However, transmission of Personal Information over the Internet is never completely secure. As in many computer systems, Internet applications and software programs, unauthorized use, failure of hardware or software, etc. may be injurious to the confidentiality of users’ personally identifying information. Although The Sound’ goal is to protect your Personal Information, The Sound cannot guarantee or warrant the security of your Personal Information that you transmit through the Site, and you do so completely at your own risk.

The Sound limits access to personally identifying information to employees that reasonably need to receive such information to provide The Sound’ services, or in order to do their jobs and take other precautions deemed reasonable to protect the security of users’ personally identifying information.

PRIVACY OF CHILDREN

If you are under the age of 13 years old, you are not permitted to provide Personal Information to The Sound through the Site. You are agreeing that through the transmission of Personal Information to The Sound through the Site that you are 13 years of age or older.

NON-RESIDENTS OF THE UNITED STATES OF AMERICA

If you are not a resident of, or within, the United States of America (the “US”) and you do not want your Personal Information transmitted to the US, do not transmit or provide any such Personal Information to The Sound through the Site. If the laws of your country do not permit such transmissions by you to the US and you continue to transmit your Personal Information to The Sound, you do so at your own risk and accept the terms of this Privacy Policy.

BUSINESS TRANSITIONS

In the event that The Sound goes through a business transition, such as a merger, being acquired by another company, or selling all or part of its assets, users’ personally identifying information will, in most instances, be part of the assets transferred.

DISCLAIMER

Information on the Site is provided to you by The Sound for informational purposes only and in good faith. The Sound has the right to add, amend, correct, delete or remove any portions of the Site and information on the Site at The Sound discretion. Further, The Sound does not warrant that the Site is free of any errors or that the Site will be active at all times. Due to the nature of the Internet, The Sound does not warrant or represent that the Site is free of viruses or any other matters that may cause any harm to your computer equipment and you shall assume full liability for any and all maintenance or costs to you that may be associated with the use of the Site.

The site is “as is”. The Sound makes no representations or warranties of any kind, express or implied, with respect to the site and its contents. The Sound disclaims all representations and warranties of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement.

LIMITATION OF LIABILITY

The Sound and its direct and/or indirect, past, present and future, parent companies, divisions, subsidiary companies, affiliated companies, joint ventures and related companies and all of such entities’, direct and/or indirect, past, present and future, employees, associates, officers, directors, shareholders, partners, members, principals, owners, agents, representatives, attorneys, predecessors, successors, heirs and/or assigns (collectively, “The Sound Affiliates”) shall not be liable for any and all actions, causes of action, claims, suits, damages, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, liens, covenants, liabilities, obligations, promises, judgments, demands, losses, rights, contracts, controversies, agreements, variances, executions, losses of any kind, claims of third parties, costs and expenses (including, without limitation, attorneys’ fees, costs and expenses) of every kind, nature and description, in law or in equity, whether the same be known or unknown, or known in the future, billed or unbilled, suspected or unsuspected, absolute or contingent, disclosed or undisclosed, direct or indirect or nominally or beneficially possessed or claimed, which you could assert against The Sound or The Sound Affiliates in connection with, but not limited to, your use of the Site, any information contained on the Site or in this Privacy Policy, and any Personal Information transmitted through the Site.

GOVERNING LAW

This Privacy Policy shall be governed by the laws of the State of Texas. You hereby agree that any conflicts or action of law arising with respect to this Privacy Policy will be filed only in the state or federal courts of the County of Denton.

COMPLETE AGREEMENT

All of the terms and conditions set forth in this Privacy Policy constitute the entire agreement between you and The Sound with respect to the Site and you hereby understand and agree with all of the terms set forth herein. The Sound reserves the right to amend this Privacy Policy from time to time without notice.

QUESTIONS

You may contact The Sound by telephone at 972.483.0400 or e-mail at [email protected] if you should have any questions with regard to this Privacy Policy.