Terms of Service

Last updated: July 13, 2025

Terms of Service

Effective Date: October 26, 2023

These Terms of Service ("Agreement") govern your access to and use of the website located at birchlofts.com (the "Website"), which is operated by Birch Lofts. By accessing or utilizing the Website, you hereby acknowledge and agree to be bound by the terms and conditions set forth herein. If you do not agree to these terms, you are prohibited from using or accessing this Website.

1. Acceptance of Terms 1.1. Your access to and use of the Website is conditioned upon your unequivocal acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users, and others who access or use the Website. 1.2. By accessing or using the Website, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into a binding agreement.

2. Amendments to Terms 2.1. Birch Lofts reserves the sole right, at its discretion, to modify or replace these Terms at any time. Should a revision be material, we will endeavor to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change shall be determined at our sole discretion. 2.2. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, you are requested to cease using the Website.

3. Use of the Website 3.1. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with this Agreement. 3.2. You shall not use the Website for any purpose that is unlawful or prohibited by these Terms. Prohibited activities include, but are not limited to: a. Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Website. b. Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website. c. Introducing any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. d. Using any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Website in a manner that sends more request messages to the Birch Lofts servers than a human can reasonably produce in the same period by using a conventional web browser. e. Impersonating or attempting to impersonate Birch Lofts, a Birch Lofts employee, another user, or any other person or entity.

4. Intellectual Property Rights 4.1. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Birch Lofts, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 4.2. This Agreement permits you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally and legitimately incident to your normal, non-commercial use of the Website.

5. Disclaimers 5.1. Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. Birch Lofts expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 5.2. Birch Lofts makes no warranty that (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Website will be accurate or reliable; or (iv) the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.

6. Limitation of Liability 6.1. In no event shall Birch Lofts, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

7. Indemnification 7.1. You agree to defend, indemnify, and hold harmless Birch Lofts, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

8. Termination 8.1. We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 8.2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Governing Law 9.1. This Agreement shall be governed and construed in accordance with the laws of the State of [State of Business Operation - e.g., California], without regard to its conflict of law provisions. 9.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

10. Contact Information 10.1. Should you have any questions pertaining to these Terms of Service, please contact us at [email protected].