Terms and Conditions
Welcome to our Property website powered by Yardi’s RENTCafe technology platform. These terms apply to persons or entities who access this website or its downloadable mobile applications (collectively, the "Site”), including without limitation renters and potential renters (collectively, with all persons who access the Site, "Renters" or "you").
RENTCafé is a technology platform that facilitates the development and delivery of innovative renter-related services (the "Services"). RENTCafé allows residents of the Property to take advantage of a range of services designed to make their relationship with their property manager or owner as pleasant as possible.
Subject to your compliance with these Terms, the Property hereby grants you permission to access and use the Site and Services, provided that you shall not (and shall not allow any third party to): (i) engage in commercial use of the Site or any content on the Site, except for the purpose of engaging in rental-related activities ; (ii) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use; (iii) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Service or in or on any content or other material obtained via the Site or Service; (iv) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or Services, including, but not limited to, for purposes of constructing or populating a searchable database of business or property reviews; (v) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (vi) reformat or frame any portion of the web pages that are part of the Site or Services; (vii) create user accounts by automated means or under false, misleading or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or Service or otherwise interfere with other users' or members' enjoyment of the Site or Services; (ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (xi) copy or modify the HTML code used to generate web pages on the Site; (xii) use any device, software or procedure that interferes with the proper working of the Site or Services, or otherwise attempt to interfere with the proper working of the Site or Services; (xiii) take any action that imposes, or may impose in The Property’ sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiv) modify, adapt, translate, or reverse engineer any portion of the Site or Services; or (xv) use the Site or Services, intentionally or unintentionally, to violate any applicable local, state, national or international law or regulation, including, but not limited to, Fair Housing laws and regulations.
You agree that The Property has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that The Property shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Modifications to these Terms, including, but not limited to, any Yardi Requirements, will be posted on the relevant area of the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the Terms of Service link from webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
ACCOUNT REGISTRATION AND USE. In order to use certain features of the Site or applicable Services, you will have to register and create a password-protected account ("Your Account") and/or submit information, content, photos, data or other material ("Information" or "Material").
You agree to: (i) provide true, accurate, current, and complete information as prompted by the registration form; and (ii) maintain and update such information to keep it true, accurate, current, and complete at all times. The Property reserves the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if The Property has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify The Property of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else's password on the Site or attempt to gain access to the account of any other person. The Property cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Renter Screening. As part of the Services, Account holders may be permitted to submit information through the Site for the purpose of conducting a background check or screening of the Account holder on behalf of a Property Manager (a "Screening"). Your submission of the information requested for a Screening shall constitute your consent to the Screening process. Screenings also may be governed by other The Property requirements which are disclosed to you in connection with the Screening input webpages or screens on this Site. You acknowledge that you will address any issues or concerns with any Screenings (including the results of any Screenings) by contacting the appropriate Property Manager directly. Payments. Except as expressly provided below, any payments you submit through the Site, whether for a rental deposit, rental payment, or any other service or transaction, are for services provided by a Property Manager. The Property is not involved in, is not liable for, and is not a party to those transactions even though The Property provides a platform through the Site and a Service through which Renters may submit payments to various third parties and The Property may receive a portion of payments made by Renters through the Site. Certain Services relating to Renters, such as screening services and rental agreement execution fees, may have a charge associated with them that may be imposed by The Property or another company, which other company may or may not be a subsidiary or affiliate of The Property.
In addition, but without limitation, you may not post Comments or engage in any other activity on the Site that:
· defames, threatens, abuses or otherwise violates the legal rights of others;
· is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
· infringes another's rights to intellectual property, publicity, or privacy;
· collects or stores personal information about other Site users;
· contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
· contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
· contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Site, or any software, hardware or other related equipment;
· disrupts or otherwise interferes with the Site or the networks or servers used by The Property; or
· impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or
· constitutes illegal activity.
Google Maps. The Site utilizes Google Maps and related content licensed to the Property by Google and its licensors. By using the Google Maps features available on the Site, you are agreeing to be bound by the Google Maps/Earth Terms of Service.
INDEMNITY. You agree to indemnify, defend and hold the Property and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the "The Property Indemnified Parties") harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys' fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) your Information or Material contributed to or submitted through the Site or the Services, including without limitation information associated with Your Account; (iii) your conduct, including your use of the Site and Services; (iv) your connection to the Site; (v) any violation or breach of these Terms; (vi) your use of the electronic signature execution functionality , including without limitation, the sufficiency of an electronic signature or the enforceability of electronically signed Agreements; or (vii) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or Services (collectively, the "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to The Property Indemnified Parties. The Property shall have the right, in its sole discretion, to select its own legal counsel to defend The Property from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of The Property's reasonable attorneys' fees incurred in connection therewith. You shall notify The Property immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or The Property's ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of The Property, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for The Property.
YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, THE PROPERTY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may collect information in several ways by your use of this Site, as well as from forms you submit to us, personal correspondence, such as emails or letters that you send to us, information you include in an application you complete on the Site, information you provide when scheduling a property visit through the Site, or any other activity through which you identify yourself to us. We collect two types of information: personally identifiable information and non-personally identifiable information. Personally identifiable information is information that identifies you or can be used to identify or contact you ("Personally Identifiable Information"). We also may collect information that by itself typically cannot be used to identify or contact you, such as demographic information (e.g. age, profession or gender), user IP addresses, browser types, domain names, internet service providers, referring/exit pages, date/time stamp, operating system, clickstream data and other anonymous statistical data involving the use of our Site ("Non-Personally Identifiable Information").
If you choose to use the Refer a Friend email link to tell a friend about our site or a property listed on our site, we will ask for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email (and tracking the success of our referral program).
To the extent we are able to do so, we may link your Non-Personally Identifiable Information with your Personally Identifiable Information. We may also link information collected online with information we collect offline or collected online by third parties.
SHARING OF PERSONAL INFORMATION.
to a person who in our reasonable judgment is seeking the information as an agent of the individual;
in situations where sharing or disclosing your information is required in order to provide you products or services you desire;
to a third party or parties, where disclosure is required by law, a judicial proceeding, a criminal investigation, a court order, or legal process;
if, in the reasonable judgment of us, it is necessary to enforce compliance with our internal policies or the Terms , to prevent illegal activity or suspected fraud, or to protect our Site, customers, or others; and
to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of our assets.
ACCESSING, REVIEWING AND CHANGING YOUR PERSONAL INFORMATION.
You can see, review and change most of your personal information by logging into your account and editing your Account Profile or by contacting us. If your personal information changes or is inaccurate, you must change it promptly.
In some instances, where requested by you, we will use your personal information to conduct a screening process and/or produce a screening report or provide your information to a screening company in order to obtain a screening report for the Property Manager. The screening report may include credit information. Under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), you may have the right to access, view and correct credit information relating to you held by a credit bureau by contacting the credit bureau.
If you have any questions or concerns about this Site or the Terms please contact the Property.
Last Updated: February 14, 2013