Kempton Downs

18.0%

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3181 N.E. 23rd Street
Gresham, OR 97030
503-669-4400

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13. Access Limits. Without ApartmentRatings' express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts), or (b) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.

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14. Governing Law And Arbitration. This Agreement is governed in all respects by the laws of the State of California  as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Any controversy or claim arising out of or relating to this Agreement or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by California law. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California as necessary to protect the party's rights or property pending the completion of arbitration. By using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.

15. Entire Agreement. This Agreement (and any addenda or statements expressly incorporated into this Agreement that you enter into) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. In the event of any conflict between the terms of this Agreement and an addendum, the provisions of the addendum shall control.

If you have registered to use the Manager Center, then this Agreement and the Manager Center Agreement entered into between you and Apartment Ratings (and any addenda or statements expressly incorporated into such agreements) constitute the entire agreement, and supersede the provisions of any other agreements or understandings (oral or written), between the parties with respect to the subject matter of such documents. To the extent there is any conflict between the terms of this Agreement and the Manager Center Agreement, the terms of the Manager Center Agreement will control.

16. General. You shall comply with all laws and regulations applicable to your access and use of the Site and your publication of your Content. If any portion of this Agreement is deemed unenforceable, that portion shall be enforced to the maximum extent possible and the remaining portions of the Agreement shall be given full effect. ApartmentRatings' failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances. ApartmentRatings shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. ApartmentRatings may change, remove, or require registration or payment to continue use of any aspect of the Site at any time without further notice to you. ApartmentRatings' suppliers and co-brand partners are third-party beneficiaries of this Agreement. Except as provided in Section 1, this Agreement may be amended only by a writing physically signed by both ApartmentRatings and you.

17. Other Disclosures. The Site is provided by ApartmentRatings.com, a division of Internet Brands, Inc., 909 N. Sepulveda Blvd., 11th Floor, El Segundo, CA 90245. At present, ApartmentRatings does not charge you any fees to use its Site or services (although this may change at any time). However, any expenses (such as hardware, software and Internet access costs) or taxes you incur to access the Site shall be your sole responsibility.

For purposes of the Digital Millennium Copyright Act, you may contact ApartmentRatings' agent for service of notice at the foregoing address or by emailing staff@aptratings.com. Please make sure that your notices fully comply with the requirements of such act.

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