Date Last Updated: August 11, 2023
Our Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; and (5) the choices we offer, including how to access and delete information.
Residents in California, Colorado, Connecticut, and Virginia should refer to the body of this Policy as well as the “Jurisdiction-Specific Notices” section below for additional information that may be applicable to them.
COLLECTION OF PERSONAL INFORMATION
Through your use of the Sites or when you contact us or visit one of our properties (collectively, “Interactions”), we may collect “Personal Information,” which is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. “Sensitive Personal Information” refers to a smaller subset of Personal Information which is considered more sensitive to the individual, such as a Social Security, driver’s license, or passport number, race and ethnic origin, or physical or mental health information. We also collect information from other parties, such as identity verification services or credit reporting agencies, including the results of identity verification and credit report searches.
We may collect the following categories of Personal Information, including Sensitive Personal Information:
- [Personal or government identifiers, such as your first and last name, alias or previous name, postal address, telephone number, facsimile number, unique personal identifier, signature, Social Security number, national identification number or other government-issued identification number, passport number;
- Device and online identifiers and related information, such as Internet Protocol address; email address; account user name; cellular, mobile, or wireless number; social media profile; unique device identifier and serial number; device information;
- Demographic information, such as your date of birth, gender, language skills, number of children, household income data;
- Financial information, such as your credit or debit card information, bank account number, other financial information;
- Protected characteristics, such as your gender, or any other protected classifications under applicable law;
- Internet, application, or network activity information, such as search history; clickstream/online website tracking information; data related to user activity, e.g., browser visits; cookies or other similar technologies;
- Commercial information, such as records of your personal property, vehicle information, current or past addresses, purchase histories, or credit information;
- Sensory information, such as photographs or videos, heat maps, or voice recordings;
- Professional or employment-related information, such as employment history, association membership, professional licenses, or previous salaries;
- Education information, such as schools attended, scholastic performance, and academic record;
- Geolocation data, such as current location, address, and location history;
- Communications, such as call logs, the content of text messages or emails that you send to us, message board or forum posts, poll or survey answers, reviews, or information you may share when you contact us with questions or feedback;
- Household information, such as information about your dependents, cosigners, or guests; and
- Inferences drawn from Personal Information, such as a profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.]
Information Provided by You
We collect the Personal Information that you provide to us. If you choose to contact us to learn more about our properties, we may collect personal identifiers, such as your full name, telephone number, and email address. We will also collect any other information that you provide to us, such as your questions, comments, or feedback as well as any responses you provide in surveys that we may send to you from time to time.
If you are a current or prospective tenant, we may collect additional information as part of your rental application, your lease, or in the course of your tenancy, including location information (such as your current or prior address(es)); contact information (such as your telephone number or email address); date of birth; education, occupation, or employment information; Sensitive Personal Information (such as Social Security number or other national identification number); income and other financial information; familial status and information about your dependents; vehicle information; credit information; criminal history; and emergency contact information. We may also collect information about other occupants or prospective occupants of the property you are applying for, such as roommates, spouses, or minor children, or information about any guarantor(s).
Additionally, if you are a tenant and choose to use the Resident Portal, we collect information when you choose to pay your rent online, including financial information (such as bank account information), commercial information (such as transaction history), and information relating to any other communications with us, such as service requests or messages that you send to management.
If you apply for employment with us through the Sites, we collect information associated with your application, such as your contact information and resume.
Information Automatically Collected
We may directly or through our third-party service providers collect information through “cookies.” Cookies are small strings of text sent by our Sites to your browser and then stored by your browser on your device’s hard drive. Cookies help us understand how you use our Sites and other linked sites so that we can personalize and improve your experience on our Sites. Most Web browsers automatically accept cookies, but you may change your browser settings so it won’t accept cookies. In order to create a profile on our Sites, you must have certain cookies turned on.
We may automatically collect the following types of information when you use the Sites:
- Usage Information: We collect certain information automatically through your use of the Sites, such as which pages of the Sites that you access, the frequency of access, and what you click on while on the Sites.
- Location Information: We may collect information about your location which may be determined from your IP address.
- Device Information: We may collect information about the device you are using to access the Sites, such as hardware model, operating system, application version number, browser, and other device attributes (“Device Information”).
- Mobile Device Information: In addition to the Device Information listed above, when you access the Sites via a browser on your mobile device, we may also collect mobile network information, such as the unique device identifier assigned to that device, mobile carrier, operating system, and other device attributes.
We may also use Facebook remarketing, a service offered by Facebook Inc. (“Facebook”) to service advertisements on third-party websites after you visit our Sites. For more information about interest-based advertising from Facebook, visit https://www.facebook.com/help/568137493302217. To adjust your ad settings through Facebook, visit: https://www.facebook.com/help/568137493302217.
Information from Other Parties
We also collect information from other parties, such as identity verification services or credit reporting agencies, including the results of identity verification and credit report searches.
We also collect information from service providers, such as property management companies, payment processors and website hosting providers.
We collect information from financial institutions, such as credit reports.
We may collect statistical or aggregated information that does not directly identify a specific person but is derived from your Personal Information. For example, we may aggregate Personal Information to calculate the percentage of visitors in a particular ZIP code.
Business Contact Information
We may receive your contact information, such as your personal identifiers (including your name, telephone number, and email address) and/or professional or business-related information (including your business address), through our online or offline interactions with you, such as when we work together on a project or discuss opportunities to work together. We may send you emails or call you with information about our business dealings, news, or marketing information to communicate with you for business purposes.
Social Media Information
If you post information on a webpage we establish on a social media platform, we may use the information to respond, to promote our business and services, and in the normal course of our business operations. We may collect personal identifiers, such as your social media username, and other personal characteristics that you have made publicly available on the social media website. Note that the third-party operators of social media websites also receive such information, and their use of your Personal Information is governed by their own privacy policies.
SOURCES OF PERSONAL INFORMATION
We collect the Personal Information described above from the following categories of sources:
- Other parts of our business, including our parent company, subsidiaries, and affiliates, some of which do not share our name or branding;
- Our service providers, such as property management companies, payment processors, or website hosting providers;
- Consumer reporting agencies;
- Financial institutions.
USE OF PERSONAL INFORMATIoN
We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
- In connection with the rental or employment application process, such as determining your eligibility to rent an apartment or suitability for employment, confirming your identity, completing the leasing process or requesting credit and background check reports in connection with lease or job applications;
- In connection with your lease, such as determining that you continue to meet eligibility/suitability requirements during your lease or employment term with us;
- To provide services that you request or fulfill our contractual obligations to you, such as processing transactions on the Sites;
- To communicate with you, such as notifying you about updates to the Sites or your rental or employment application;
- To verify information provided, such as when we run identity verification and credit report searches;
- For marketing or promotional purposes, such as informing you of special promotions or offering you additional products or services that may be of interest to you;
- For specific purposes for which you provide consent, such as if you consent to fill out surveys regarding products and services provided by us, our affiliates, or partners;
- To provide customer service or technical support, such as contacting you in response to your inquiries, comments and suggestions or when otherwise necessary;
- To debug, maintain, and improve our services, such as tracking use of the Sites for internal market research or improvement of the Sites;
- To comply with all applicable legal requirements;
- For commercial purposes, such as processing your data for advertising purposes or sharing data with our select marketing and advertising providers;
- To protect the Company, its employees, or others, such as to detect security incidents or protect against malicious, deceptive, fraudulent, or illegal activities; and
- To otherwise fulfill the purpose for which the information was provided.
DISCLOSURE OF PERSONAL INFORMATION
We disclose Personal Information for the purposes identified above, to the following parties:
- With our service providers or independent contractors, including payment processors and consumer reporting agencies:We may disclose all of the categories of Personal Information listed above with our service providers, including to help us perform functions and process your transactions.
- Advertising and marketing providers, analytics companies, management companies, and data brokers: We may disclose all of the types of Personal Information listed above for commercial purposes (which may be considered a “sale” in certain jurisdictions).
- Within our corporate family:We may share information with our affiliates, joint ventures, or other companies under common control with us, to the extent permitted by law.
- If there is a change in corporate structure:We may share information in connection with a proposed or actual merger, acquisition, consolidation, change of control, or sale of all or a portion of our business or property or if we undergo bankruptcy or liquidation.
We may also share Personal Information:
- To prevent harm:We may share information if we believe it is necessary in order to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
- For legal purposes:We will share information where we are legally required to do so, such as in response to court orders or legal process; to establish, protect or exercise our legal rights; to defend against legal claims or demands; or to comply with applicable legal requirements.
- For legitimate business purposes: We reserve the right to share information with other parties for our legitimate business purposes, to the extent permitted by law.
- With your consent:We may request your permission to share your Personal Information for a specific purpose. We will notify you and request consent before you provide the Personal Information or before the Personal Information you have already provided is shared for such purpose.
- Without identifying you:We may share information in a manner that does not identify you. For example, we may share anonymous, aggregate information about your use of our Sites and products with our service providers.
We do not engage in these disclosures for Personal Information of minors under age 16 without affirmative authorization.
PROTECTION OF PERSONAL INFORMATIoN
The security of your Personal Information is important to us. We maintain reasonable physical, technical and administrative security measures to protect and limit access to your Personal Information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially-acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
LINKS TO THIRD-PARTY WEBSITES
Our Sites may offer links to other sites operated by third parties for your convenience. Such third-party websites may have information, policies, and practices different from our Sites. This Policy does not apply to the practices of such other websites, and we do not control and are not responsible for the privacy policies, practices and/or content of such third-party sites. Please contact such third-party sites directly for information regarding such websites.
International Data Transfers
The Sites are controlled, operated, and administered by Company from its offices within the United States and is intended to serve individuals interested in properties or employment with the Company in the United States. If you are accessing the Sites from a location outside the United States, you acknowledge and consent to the collection, storage, processing, and transfer of your Personal Information to our facilities in the United States and to any other parties with whom we share it as described in this Policy. Please note that privacy laws in the United States may not offer the same protections as the laws of other countries.
No Use by CHILDREN
The Sites are not directed to, nor do we collect information from, children under 16 years of age. If you become aware that your child or any child has provided us with information without your consent, please contact us using the contact information listed below.
Certain jurisdictions have specific legal requirements and grant privacy rights with respect to Personal Information, and we will comply with restrictions and any requests you submit as required by applicable law. For example, you may have the right to: (1) obtain a copy of Personal Information we maintain about you in a portable format; (2) correct inaccuracies or incompletion in your Personal Information; (3) object to the continued processing or use of your Personal Information; (4) or request that Personal Information be deleted. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “Contact Us” section below. You may also have the right to not be discriminated against for exercising your privacy rights. If you are a California, Colorado, Connecticut, or Virginia resident, see our “Jurisdiction-Specific Notices” section below for additional information as to how to exercise rights under the laws of those jurisdictions. If you are located outside that jurisdiction and seek to exercise your rights under the law of another jurisdiction, please contact us by emailing firstname.lastname@example.org.
To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. When you make a request, we may require that you provide information and follow procedures so that we can verify your identity (and the applicable jurisdiction). The verification steps we take may differ depending on your jurisdiction and the request. Where possible, we will attempt to match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it. If we cannot verify your request, we may ask you for additional information to help us do so.
We will respond to your request within the time period required by applicable law. However, we may not always be able or required to comply with your request, in whole or in part, and we will notify you in that event.
During the last twelve (12) months, we have collected the following categories of Personal Information from consumers depending on how a consumer uses our Sites.
|Category (* may constitute “sensitive personal information” under the CCPA)||Type of Identifiers We Collect||Criteria used to determine retention periods||Sold or Shared||Disclosed To|
|Identifiers*||First and last name, postal address, unique personal identifier, online identifier, Internet Protocol address, Social Security number, social media username email address||The duration of our relationship with you; the length of time necessary to complete a transaction; whether your Personal Information is a sensitive type; whether you specifically consented to retain the data; and our legal, contractual or similar obligations to retain or delete the data.||Sold and Shared||Service providers, affiliates, management companies, and select advertising and marketing providers|
|Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80€)*||Name, Social Security number, address, telephone number, bank account number||Same as above.||Not sold or shared||Service providers, management companies, and affiliates|
|Financial information||Income amount, Bank account information||Same as above.||Not sold or shared||Service providers, management companies, and affiliates|
|Employment and education information||Business/Institution address or name,||Same as above.||Not sold or shared||Service providers and affiliates|
|Commercial information||Transaction history, Records of personal property, products or services purchased,||Same as above.||Not sold or shared||Service providers, affiliates, and management companies|
|Internet or another similar network activity||Information on a consumer’s interaction with a website, application, or advertisement||Same as above.||Sold and Shared||Service providers, affiliates, management companies, and advertising and marketing providers|
California Residents that are Job Applicants
When you apply for a job with Company, information may be collected about you in multiple ways: you may provide it to us in connection with your application; we may make observations in the application process or collect information from public information sources; or you may authorize us to collect information from other sources, such as a former employer or reference.
The following table describes our practices with regard to information submitted in the job application process. If you use our Sites in the job application process, additional information may be automatically collected, as described above.
|Category (* may constitute “sensitive personal information” under the CCPA)||Types of information we collect||Criteria used to determine retention periods||Sold or shared||Disclosed to|
|Identifiers*||name, email address, phone number, and contact address, username, social media handle||The duration of our relationship with you; the length of time necessary to complete a transaction; whether your Personal Information is a sensitive type; whether you specifically consented to retain the data; and our legal, contractual or similar obligations to retain or delete the data.||Not sold or shared||Service Providers|
|Protected Classifications*||gender, race and ethnicity, date of birth||Same as above.||Not sold or shared||Service Providers|
|Geolocation Information*||location information (e.g., ZIP code, IP address)||Same as above.||Not sold or shared||Service Providers|
|Professional or employment-related information.||Employer’s name, employer’s address||Same as above.||Not sold or shared||Service Providers|
|Education Information||institutions attended, degrees and certifications attained||Same as above.||Not sold or shared.||Service Providers|
In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.
Rights Specific to California Residents
Under the CCPA, a California resident has the following rights: (1) to request additional information about our data collection, use, disclosure, and sales practices in connection with your Personal Information; (2) to request the specific Personal Information collected about you during the previous 12 months; (3) to request the deletion of the Personal Information we have about you; (4) to request a restriction on certain processing of Personal Information; and (5) to request correction of inaccurate information. You may not be discriminated against for exercising your California privacy rights. You may submit a request to exercise your rights under the CCPA through one of two means:
- Submit a request using this FORM
- Call 1-844-671-0040 to submit a request
Upon receiving your request, we will confirm receipt of your request by email or if you are registered in our customer portal, we may do so by a message directed to you in the portal. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete Personal Information, we may first separately confirm that you would like for us to in fact delete your Personal Information before acting on your request.
We aim to respond to your request as soon as reasonably practicable and consistent with any applicable laws. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf through these means. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
California residents are also entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Information with third parties for marketing purposes. To make such a request you should send (a) an email to email@example.com with the subject heading “California Privacy Rights,” or (b) a letter to us at the address listed in the “How to Contact Us” section. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.
Colorado residents have certain rights around Company’s collection, use, and sharing of their Personal Information. Company sells your Personal Information. Company does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Company engages in “targeted advertising” as that term is defined in the Colorado Privacy Act (“CPA”).
Company collects various categories of Personal Information when you use our Sites and services. A more detailed description of the information Company collects and how we use it is provided above in the “Collection of Personal Information” section. The “Disclosure of Personal Information” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Colorado, starting July 1, 2023 you have the right to (1) request to know what Personal Information has been collected about you, and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a Colorado consumer may not be discriminated against for exercising the consumer’s Colorado privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by using this FORM.
Connecticut residents have certain rights around Company’s collection, use, and sharing of their Personal Information. Company sells your Personal Information. Company does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Company engages in “targeted advertising” as that term is defined in the Connecticut Data Privacy Act (“CTDPA”).
Company collects various categories of Personal Information when you use our Sites and services. A more detailed description of the information Company collects and how we use it is provided above in the “Collection of Personal Information” section. The “Disclosure of Personal Information” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Connecticut, starting July 1, 2023 you have the right to: (1) request to know what Personal Information has been collected about you, and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a Connecticut consumer may not be discriminated against for exercising the consumer’s Connecticut privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by using this FORM.
Virginia residents have certain rights around Company’s collection, use, and sharing of their Personal Information. Company sells your Personal Information. Company does not engage in profiling in furtherance of decisions that produce legal or similarly significant effects. Company engages in “targeted advertising” as that term is defined in the Virginia Consumer Data Protection Act (“VCDPA”).
Company collects various categories of Personal Information when you use our Sites and services. A more detailed description of the information the Company collects and how we use it is provided above in the “Collection of Personal Information” section. The “Disclosure of Personal Information” section describes the categories of third parties with whom we share Personal Information, and what information may be shared under different circumstances. If you are a resident of Virginia, starting January 1, 2023 you have the right to (1) request to know what Personal Information has been collected about you and to access that information; (2) request to correct inaccuracies in your Personal Information; (3) request deletion of your Personal Information, subject to exceptions; and (4) obtain a copy of your Personal Information. Also, a Virginia consumer may not be discriminated against for exercising the consumer’s Virginia privacy rights. You can learn more about how to submit a data rights request, or appeal denial of a request, by using this FORM.
Opt out of email marketing
You may opt out of any future commercial email messages from us by choosing the link described as such within the email, with instructions on how to remove yourself from our email list. Please note that if you are a resident of one of our apartment communities and you opt out of receiving commercial email from us, you will continue to receive email from us regarding operational issues surrounding your apartment, your lease, and/or your community.
CHANGES TO THIS POLICY
We reserve the right, at any time, to make changes to this Policy. We will post Policy changes on this page and, if the changes are material, we may provide a more prominent notice (including, for certain services or programs, email notification of privacy notice changes) for a reasonable period of time. Nevertheless, please check this page periodically for the most recent version of this Policy. Unless otherwise stated, any changes will be effective immediately upon posting to the Sites. Your continued use of the Sites after any changes have been made will constitute acceptance of the revised Policy.
Should you have other questions or concerns about this Policy, please send us an email at firstname.lastname@example.org.
We use several different categories of cookies:
- Essential cookies
Some cookies are essential for the proper operation of our Sites. For example, they may facilitate page navigation or assist with security checks.
- Functionality cookies
Functionality cookies allow us to remember your preferences and allow us to make the Sites experience better for you.
- Performance/analytics cookies
This category of cookies allows us to analyze how visitors use our Sites and to measure performance of the Sites. This allows us to provide a quality experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we might use performance cookies to keep track of what content is popular, or to learn what links between pages are most effective or why some pages are receiving error messages.
- Targeted advertising cookies
These cookies are used to highlight articles, other content, or services that we think will be of interest to you based on your use of the Sites. They may also be utilized by third parties when a third-party content feed has been included in the Sites so that you can view videos and social media streams.
Your browser may allow you to disable cookies, or the third party listed may provide an opt-out tool. Note that disabling cookies may in some instances impact the functionality of the Sites.
You may learn more about advertising networks and opt out of receiving personalized advertisements on this browser or device from advertisers who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out options of each of those organizations. Links to those sites are here:
Network Advertising Initiative:
- Browser Opt-Out: http://www.networkadvertising.org/choices
Digital Advertising Alliance:
- Browser Opt-Out: http://www.aboutads.info/choices
Like most websites, we use Google Analytics to collect and process certain website usage data. To learn more about Google Analytics and how to opt out of personalized ads from Google, see: https://tools.google.com/dlpage/gaoptout.
For information about opting out of Hotjar cookies, click here: https://help.hotjar.com/hc/en-us/articles/115011639887-Data-Safety-Privacy-Security.
Note that, when you opt out of personalized advertising, you may continue to see online advertising on the Sites and/or our ads on other websites and online services.
Effective Date: December 31, 2021
This Agreement governs your use of the Site and your access to and use of the content, postings, links, pages, services, products, features, and/or other materials offered on the Site and any other sites that Company may make available and that link to or otherwise incorporate this Agreement (which, collectively, constitute the “Services”). By accessing any of the Services, you agree you are bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules that may be published by Company on the Site. All rules are incorporated into this Agreement by this express reference. If you do not understand or agree to be bound by this Agreement, please do not access the Site or our Services.
THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE SECTION 13 BELOW FOR INFORMATION.
2. OWNERSHIP. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, materials, software, and computer code (“Content”), including without limitation the design, structure, selection, coordination, expression, and arrangement of such Content, used or appearing on the Site are the exclusive property of Company or its licensors and are protected by United States copyright, patent, trade dress, trademark, and other intellectual property rights or unfair competition laws. No copying, sale, or exploitation of material from the Services is permitted without the prior written consent of Company and any other applicable owner of intellectual property rights. You do not acquire any ownership rights by virtue of downloading material through the Services. If we request or permit the submission of your opinions, reviews, ideas, suggestions, emails, or feedback (collectively, “Feedback”), you grant Company a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense, and otherwise use your Feedback in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party. You represent that all Feedback submitted by you is owned solely by you or that you have the necessary approvals and permissions to grant the license described above, and that the license grant does not violate applicable law or the intellectual property rights or other rights of others. You acknowledge that prior to submitting Feedback, you may be required to sign an agreement prepared by Company that confirms these representations and licenses.
3. INTENDED USE. You may not duplicate, download, publish, modify, or otherwise distribute any material on this Site for any purpose other than for informational purposes unless authorized by Company in writing. You may not use this Site if you are under the age of 18 or lack legal capacity to enter into a contract. We make no representation that content, materials, or information available through the Site are appropriate or available for use outside of the United States.
Nothing contained on this Site or available through our Services or elsewhere should be construed, by implication or otherwise, as a warranty or representation that Company, or any affiliated property or entity, is adequately capitalized to conduct the business in which it is engaged.
All photographs and images on the Site are for illustrative purposes only. All renderings of views and exposure to light are for representational purposes only. Company makes no representations with respect to actual, current or future views from any particular elevation, floor, or unit, nor does Company make any representations as to accuracy by any existing or future construction or demolition by Company or a third party.
4. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. You may not use the Site Services to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have the permission of the owner; or (iii) infringes on any intellectual property rights of others or violates the privacy or rights of publicity of others.
6. YOUR CONDUCT. When using the Site and the Services, you agree to:
comply with all applicable laws, rules, and regulations;
not take any action that interferes with the proper working of the Site or the Services, compromises the security of the Site or the Services, or otherwise damages the Site or the Services or any materials and information available through the Site or the Services;
not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others;
not attempt to gain unauthorized access to any portion or feature of the Site or the Services, to any other systems or networks connected to the Site or the Services, to any of our servers, or to any of the services offered on or through the Site or the Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
not probe, scan, or test the vulnerability of the Site or the Services or any network connected to the Site or the Services;
not attempt to breach the security or bypass the authentication measures on the Site or the Services or any network connected to the Site or the Services;
not upload any viruses or other malicious code to the Site or the Services;
not use the Site or the Services, or any service or information made available or offered by or through the Site or the Services, in any way where the purpose is to reveal any information, other than your own information or information that we make available to you through the Site or the Services; and
not use any automated means to collect information or content from or otherwise access the Site or the Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
We may allow or require you to create an account to access or use some or all of our Services, such as resident portals. By creating an account, you agree to: (i) provide accurate and current information; and (ii) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any account you establish, decline to provide you with the Services, and/or refuse any or all current or future use of the Site or Services or any portion thereof. If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account credentials with anyone. You agree that you are responsible for all activities that occur under your account credentials, even if not authorized by you.
7. INFORMATION, NEWS, AND PRESS RELEASES. The Site may contain information, news, and/or press releases about us. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
9. ELECTRONIC COMMUNICATIONS. When you use the Site or Services, you may enter into agreements and effectuate communications electronically. You agree to the use of electronic records and signatures in association with the Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into through the Services or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Site or Services. You may have a legal right to receive certain information from us in writing. You agree that we may use email and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active email account, and you must have an Internet-connected device that is capable of receiving HTML emails and a method of storing or printing those emails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for Company to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed below. You confirm that you have the ability to access and retain emails.
11. REVISION/TERMINATION OF THE SERVICES. Company has the right, at any time, to modify or discontinue, temporarily or permanently, the Site or Services, and/or to refuse or restrict anyone from access to any part of the Site or Services, with or without notice and in its sole discretion. Company shall not be liable for any modification, suspension or discontinuance of the Site or any Services.
12. COMPANY MAKES NO WARRANTIES. YOUR USE THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, COMPANY DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED.
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.
14. CHOICE OF LAW. The Services are controlled by Company from within the State of Massachusetts, USA. By accessing the Services, you agree that the laws of the State of Massachusetts, USA govern all matters relating to this Agreement, and the use, or inability to use, the Services, and that such laws will apply without regard to principles of conflict of laws.
15. DISPUTE RESOLUTION AND CLASS ACTION WAIVER. To the fullest extent permitted by law, you and Company agree to submit exclusively any claim, controversy, or dispute arising out of or relating to the Site, the Services, this Agreement, or any other policies or other terms incorporated therein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) for resolution by confidential, individual, binding arbitration, except that you may assert claims in small claims court if your claims qualify.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this arbitration agreement.
To the fullest extent permitted by law: (i) you expressly waive any right you may have to arbitrate a Dispute as a class action; and (ii) you also expressly waive your right to a jury trial.
The arbitration will be held in Boston, Massachusetts.
Disputes will be arbitrated on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in Boston, Massachusetts. The parties waive any plea or defense that such courts are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.
The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules.
Notwithstanding anything to the contrary in this section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction.
Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.
In the event that any provision of the agreement to arbitrate is held invalid or unenforceable, all other terms within the agreement to arbitrate shall remain in full force and effect.
16. MISCELLANEOUS TERMS. This Agreement constitutes the entire agreement between you and Company with respect to the subject matter addressed herein, and governs your use of the Site and Services, superseding any prior agreements between you and Company relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with Company, such as pursuant to a registration to access certain features of the Site. The failure of Company to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the remaining provisions should be interpreted to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Sections 12 through 15 shall survive termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal effect.
17. CONTACT US. If you have any questions or concerns about the Site, our Services, or this Agreement, please contact us at email@example.com.
Windsor complies with all applicable federal, state and local laws, including but not limited to, the Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended (“FHA”), as well as any similar applicable state and local laws regarding fair housing and discrimination. Consistent with this policy, Windsor does not discriminate against any person because of race, color, religion, sex, handicap, familial status, national origin, or any other characteristic protected by applicable state and local laws.