Legal
Terms and Conditions
Last updated: January 28, 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and Willetta 15 LLC ("Company," "we," "our," or "us") governing your access to and use of the willetta15.com website and all related services (collectively, the "Site").
By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
2. Eligibility
By using this Site, you represent and warrant that:
- You are at least 18 years of age or the age of legal majority in your jurisdiction
- You have the legal capacity to enter into a binding agreement
- You are not prohibited from using the Site under any applicable laws
- You will comply with these Terms and all applicable local, state, national, and international laws and regulations
- All information you provide is accurate, current, and complete
3. Use of the Site
3.1 Permitted Use
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes in accordance with these Terms. This license does not include:
- Any resale or commercial use of the Site or its contents
- Any collection or use of product listings, descriptions, or prices
- Any derivative use of the Site or its contents
- Any downloading or copying of account information for the benefit of another party
- Any use of data mining, robots, or similar data gathering and extraction tools
3.2 Prohibited Activities
You agree NOT to:
- Use the Site for any unlawful purpose or in violation of any applicable laws
- Attempt to gain unauthorized access to any portion of the Site, other accounts, or computer systems
- Interfere with or disrupt the Site or servers or networks connected to the Site
- Transmit any viruses, worms, malware, or other malicious code
- Use any automated means to access the Site or collect information from it
- Impersonate any person or entity or misrepresent your affiliation
- Harass, abuse, threaten, or intimidate other users or our staff
- Post or transmit any content that is defamatory, obscene, or otherwise objectionable
- Infringe upon the intellectual property rights of others
- Engage in any activity that could damage, disable, or impair the Site
- Circumvent any security features of the Site
- Use the Site to send unsolicited communications (spam)
4. Intellectual Property Rights
4.1 Our Content
The Site and its entire contents, features, and functionality—including but not limited to all text, graphics, logos, images, photographs, videos, audio, software, design, and the selection and arrangement thereof—are owned by Willetta 15 LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Trademarks
The Willetta 15 name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Willetta 15 LLC. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
4.3 Restrictions
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Site without our prior written consent, except for temporary storage in your browser cache or printing of pages for personal, non-commercial use.
5. User Submissions
By submitting any content, information, or materials through our Site (including contact forms, tour requests, or any other communications), you:
- Grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, and distribute such content for business purposes
- Represent that you own or have the right to submit such content
- Agree that your submissions do not violate any third party's rights
- Acknowledge that we are not responsible for the content of your submissions
We reserve the right to remove any user submission at our sole discretion without notice.
6. Property Information Disclaimer
Important: All information regarding the Willetta 15 property, including but not limited to floor plans, square footage, rental rates, amenities, availability, photographs, and renderings, is subject to change without notice and should be independently verified.
While we strive to provide accurate and up-to-date information, we make no representations or warranties regarding:
- The accuracy or completeness of property listings, descriptions, or specifications
- The availability of any specific unit or floor plan
- Current pricing, promotions, or incentives
- The accuracy of photographs, renderings, or virtual representations
- The timing of construction, completion, or availability
Prospective residents should verify all information directly with our leasing team before making any decisions.
7. Third-Party Links and Services
The Site may contain links to third-party websites, services, or content that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services available through such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Site will be uninterrupted, error-free, secure, or virus-free
- Warranties regarding the accuracy, reliability, or completeness of any content
- Warranties that defects will be corrected
- Warranties arising from course of dealing or usage of trade
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WILLETTA 15 LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Any loss of profits, revenue, data, or business opportunities
- Any damages arising from your use or inability to use the Site
- Any damages arising from unauthorized access to your transmissions or data
- Any damages arising from the conduct of third parties on the Site
In no event shall our total liability exceed the amount you paid us, if any, for accessing the Site during the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless Willetta 15 LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Site
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of any applicable laws or regulations
- Any content you submit to the Site
11. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
12. Governing Law and Jurisdiction
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.
Any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
13. Dispute Resolution
13.1 Informal Resolution
Before filing any formal legal action, you agree to first contact us and attempt to resolve any dispute informally. Most concerns can be quickly resolved this way. You agree to negotiate in good faith to resolve any dispute for at least thirty (30) days before initiating any legal proceeding.
13.2 Binding Arbitration
If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.
The arbitration shall be conducted in Phoenix, Arizona. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
13.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.
14. Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of the Site, without notice, for any reason, including but not limited to:
- Breach of these Terms
- Conduct that we believe is harmful to other users, us, or third parties
- Conduct that we believe violates any applicable law
- Any other reason at our sole discretion
Upon termination, your right to use the Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
15. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
16. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
17. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Willetta 15 LLC regarding your use of the Site. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and us regarding the Site.
18. Assignment
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
19. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
20. Electronic Communications
By using the Site, you consent to receive electronic communications from us. These communications may include notices about your account, transactional information, and other information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal communication requirements, including that such communications be in writing.
21. Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
22. Contact Information
If you have any questions about these Terms, please contact us at:
Willetta 15 LLC
531 E. Willetta Street
Phoenix, AZ 85004
Email: hailey@sundialaz.com
Phone: 602-874-7408
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms, you must immediately discontinue use of the Site.