PRIVACY POLICY -- Last Updated 10/1/07

This website is owned and operated by Huntsville Condo Partners, LLC ("Owner"). Your privacy on the Internet is of the utmost importance and we are committed to responsible information handling practices. We want to make your online experience satisfying and safe.

Because we gather certain types of information about our users, we feel you should fully understand the terms and conditions of the capture and use of that information. This Privacy Policy discloses what information we gather and how we use it.

This Privacy Policy is limited to information that is collected online or submitted electronically through this website and other websites we operate. We may amend this Privacy Policy from time to time to improve our services and features. If we make any material changes in the way we use your personal information, we will post a notice on this website. Your continued use shall be deemed acknowledgement and acceptance of any changes and amendments to this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our website. This Privacy Policy is not intended to create legal or contractual rights on behalf of any party.

Any questions, comments or complaints regarding this Privacy Policy or how your personal information is used should be directed to Owner at the following address: privacy@osholdings.com .

Information Collection

We gather two types of information about users on this website:

1. Voluntary Submission. Information that users provide through optional, voluntary submissions online, such as voluntary submissions to join one of our VIP or other affinity or membership clubs, receive our electronic newsletters, other communications and/or user requests for information and services. Voluntary submissions may include information that may be used to identify an individual, including but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information, title, birth date, gender, occupation, industry, or other information that is needed to provide a service to you, such as credit card information.

If you are applying for employment we will collect information related to your employment application which will also be deemed personal information. We will treat personal information related to employment applications received through this web site in a manner consistent with applicable employment laws. To the extent that applicable employment laws are in conflict with this policy, we will act in accordance with applicable employment laws.

2. Non-Personal Information. Our server automatically collects non-personal click-stream information such as the address of the website that you came from before visiting our website, which pages you visit, which browser you use and any search terms you enter.

Use of Information

1. Voluntary Submissions. We use this information to: 1) fulfill requests for information, 2) provide customer service, 3) administer promotions, 4) offer new products, services or special offers on our behalf or on behalf of our business contacts, 5) administer surveys, 6) send marketing communications, 7) send printed or electronic communication or 7) other business purposes. We use information gathered from employment inquiries or applications to evaluate you for employment.

We may send your personal information to third parties under any of the following circumstances: 1) when we have consent to share your personal information, 2) when we need to share your information to provide the product or service you requested, 3) when we need to send information to companies who work on our behalf or 4) when we want to update you on the latest product announcements or special offers either from us or from businesses with whom we have a business relationship (unless you have opted out of these types of communications). We will also disclose your personal information if, based on our good faith belief, we are required to do so by law, to protect personal, public or our website safety, or to respond to a violation of our Terms and Conditions of Use or applicable law. In addition, we may disclose your personal information to a successor-in-interest or any of our affiliates. We may need to share some information with Starwood Hotels & Resorts Worldwide, Inc., Westin License Company and or any of their affiliates for the purpose of providing you with information, products, or services. We may also share limited portions of your contact information with those parties who may or have provided debt and equity for the development of The Westin Huntsville Residences. These third parties do not have the right to use the information for any purpose beyond what is necessary to assist us.

Except as set forth above, we will use commercially reasonable efforts not to disclose personally identifiable information collected through the website to any third-party without your permission. Please note that while we have security policies and procedures in place as described below, we cannot guarantee that unauthorized use of this website will not occur and that your personal information will never be disclosed in a manner not consented to by you.

2. Non-Personal Information. We use click-stream information to determine which areas of the website users frequent. We do not track what users read, but rather how well each page performs overall. This information helps us to provide better service, interactive or personalized elements to the website, and future content. We may share this information with businesses with whom we have a business relationship. However, we do not correlate this information with data about individual users. We do break down overall usage statistics according to a user's domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user's browser).

 

Cookies

We do not place cookies on your system. "Cookies" are encrypted strings of text that a website stores in the browser files of a user's computer.

Like many other commercial websites, this website may use a standard technology called a "cookie" to collect information about how you use the site. A cookie is a text file that will enable us to relate your use of this website to information that you have knowingly provided. The only personal information a cookie can contain is information you supply. A cookie cannot read data off your hard disk or read cookie files created by other websites.

You can refuse cookies by turning them off in your browser. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling and surveys.

 

Security

We use reasonable physical, technical and administrative measures to prevent the personal identifying information from being accessed in an unauthorized fashion. Physical access to the servers on which we store visitor information is restricted. However, as effective as modern security practices are, no physical or electronic security system is impenetrable; thus we cannot guarantee the security of our database. By using this website, you expressly acknowledge that the security measures referenced herein do not guarantee that your personal information shall remain secure and private.

 

Children and Privacy

Our website does not target and is not intended to attract children under the age of 13. We do not knowingly request personally identifiable information from anyone under the age of 13.

Amending Your Information or Opting Out From Particular Uses

If your information is currently being used to send you marketing communications, you can opt-out at any time. You may opt-out by the following methods:

1) Send a request by email to: privacy@osholdings.com

2) Send a request by mail to:

Huntsville Condo Partners, LLC
c/o O & S Holdings, LLC
3130 Wilshire Boulevard, Ste. 200
Santa Monica , CA 90403
Attn: Privacy Department

You can also update the information we are maintaining regarding you so that your information and preferences to are accurate and complete by contacting us through the same e-mail and mail address listed above.

By using this site you recognize and acknowledge that it is your responsibility to take steps to correct or update your personal information by sending the corrected information by the above methods.

 

Your Affirmative Consent

Your submission of personal information constitutes your consent that the information may be shared with our authorized employees, affiliates, agents, contractors, service providers and businesses with whom we have a business relationship, for the purposes mentioned in this Privacy Policy. When you submit your information online to this website you are agreeing to accept by default, emails sent by us and our affiliates or businesses with whom we have a business relationship. Each time you receive email communications you will have the opportunity to opt out of receiving such communication. If you do not opt out we assume that you consented in accordance with the terms of this Privacy Policy unless you take affirmative action to opt out in accordance with the above. Agreeing to the terms of this Privacy Policy and by submitting your information on this website will constitute 'affirmative consent' for the purposes of the CAN-SPAM Act of 2003 (also known as "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003").

 

Other Sites

The Owner is only responsible for the Privacy Policy and content of this website. We are not responsible for the privacy practices or the use of cookies on websites that you have accessed this website from and to the non-Owner websites that you may access from this website.

 

Transfer in Connection with a Sale

In the event our business or substantially all of its assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, website user information, including personally identifiable information, would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of our business or any of its assets may continue to use your personally identifiable information as set forth in this policy.

 

Your Consent to Processing Your Information in United States

This site is a United States website and is subject to United States law. By providing any personal information to us, you fully understand and unambiguously consent to the transfer of your personal information to, and the collection and processing of your personal information in, the United States . The laws on holding personal information in the United States may vary and be less stringent than the laws of your state or country. If you object to your personal information used in this manner please do not register with or use this website.

 

TERMS AND CONDITIONS OF USE

The Westin Huntsville Residences are not owned, developed or sold by Starwood Hotels & Resorts, Worldwide, Inc., Westin License Company or their affiliates. Huntsville Condo Partners, LLC uses the Westin® trademarks and trade names under a license from Westin License Company

Owner makes its website available conditioned upon your acceptance, without modification, of the following terms and conditions. By accessing this website you hereby accept these terms without limitation or qualification.

 

Scope of Use

This website is designed as a service to our customers and may be used for personal and noncommercial information purposes only. This website contains an overview of T he Westin Huntsville Residences and in no way whatsoever should the information contained in this website be relied on for financial, tax, accounting, investment, business or legal advice. We reserve the right to remove, without notice, any contents of or access to this website.

This information, or any portion of this information, cannot be modified, published, transmitted, used to create derivative works, decompiled, disassembled, reverse engineered, transferred for sale or in any form exploited for any purpose. This website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Owner and/or other parties. No license to or right in any of these items is granted to you. Any unauthorized use of this information may violate copyright laws, trademark laws, privacy laws and/or communications regulations and statutes.


Minors

This site is not intended for use by minors. If you are over the age of 13 and under the age of 18 you must obtain the permission of your parent to use this site.

 

User Feedback

With respect to all communications you make to the Owner regarding The Westin Huntsville Residences information, including but not limited to feedback, questions, comments or suggestions: (a) you shall have no right of confidentiality in your communications or ownership of the contents of the communication; (b) Owner shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Owner shall be free to use any ideas or concepts contained in your communications for any purpose whatsoever. Your personal information will be used as set forth in our privacy policy.

 

No Warranty

Your use of and access to this website is exclusively at your own risk. THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU "AS IS." OWNER MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE ACCURACY, QUALITY, COMPLETENESS, MERCHANTABILITY, EFFECTIVENESS, PERFORMANCE, RELIABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT OF THE INFORMATION OR THAT THE INFORMATION OR SERVER WILL BE UNINTERRUPTED OR ERROR-FREE. OWNER, ON BEHALF OF ITSELF, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, GRAPHICS, DOCUMENTS OR INFORMATION CONTAIN HEREIN.

Plans and elevations are artist's renderings and may contain options which are not standard on all models. All dimensions are approximate, subject to change and should not be relied upon. The advertising, promotional materials, sketches, renderings, graphic materials, plans, specifications, prices, terms, conditions and statements contained in this website are proposed only, and Owner reserves the right to modify, revise or withdraw any or all of same in their sole discretion and without prior notice. The photographs contained in this website have been taken off-site and are merely intended as illustrations of the activities and concepts depicted. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals. Consult the sales office for a description of those features which are to be included in the units.

Any offering is made only by the Offering Statement for the condominium and no statement should be relied upon if not made in the Offering Statement. This website information is not an offer to sell, or solicitation of offers to buy, condominium units in states where such offer of solicitation cannot be made. This website shall not constitute an offer or solicitation to sell or buy subdivided land in any state where registration of the project is required or where such solicitation or offer cannot be made.

Disclaimer of Liability

The Owner, its affiliates, contractors, agents, employees, licensees, and/or assigns are in no way responsible or liable for any damages whether they be direct, indirect, punitive, special, consequential, contribution or indemnity of any kind whatsoever, however caused, arising out of the use or non-availability of this website. Additionally, access to other internet sites linked to this website are at the user's own risk and the Owner is not responsible for the accuracy or reliability of any information, opinion, advise or statements made on these sites.

DMCA Notification

If you believe that your copyright has been infringed by content on this site, please contact our copyright agent in writing at:

Copyright Agent:

Huntsville Condo Partners, LLC
c/o O & S Holdings, LLC
3130 Wilshire Boulevard, Ste. 200
Santa Monica , CA 90403
Attn: Copyright Agent

You must provide Owner with the information set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A). Owner therefore require from you:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.

3. Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.

4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to substantially comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Owner actual knowledge of facts or circumstances from which infringing material or acts are evident.


Governing Law

The above terms and conditions shall be governed by the laws of the State of California , the United States of America and international copyright laws. You agree to submit to the jurisdiction of the State of California for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.

EQUAL HOUSING OPPORTUNITY :

WE ARE PLEDGED TO THE LETTER AND SPIRIT OF THE U.S. POLICY FOR ACHIEVEMENT OF EQUAL HOUSING OPPORTUNITY THROUGHOUT THE NATION. WE ENCOURAGE AND SUPPORT AN AFFIRMATIVE ADVERTISING AND MARKETING PROGRAM IN WHICH THERE ARE NO BARRIERS TO OBTAINING HOUSING BECAUSE OF RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN.

Entire Agreement

These terms and conditions of use constitute the entire agreement between Owner and you pertaining to the use of this website and any information contained herein and supersedes any and all prior written or oral communications and/or agreements previously existing between us. Owner reserves the right to make changes to these terms and conditions at any time, without notice, by posting such changes to this website. IF YOU USE THIS SITE OFTEN, PLEASE CHECK THE TERMS AND CONDITIONS AS THEY MAY HAVE CHANGED SINCE YOUR PAST USE. Your continued use of this website constitutes your agreeing to all changes made by Owner.


How to Contact Us

By email to: info @ osholdings.com

Or we may be contacted at:

Huntsville Condo Partners, LLC
c/o O & S Holdings, LLC
3130 Wilshire Boulevard, Ste. 200
Santa Monica , CA 90403


Last Updated

These Terms and Conditions were last updated on 10.01.07