Terms of Use

TERMS OF USE AGREEMENT

This website and its related downloadable applications and Services (collectively the "Website") is operated, hosted, and maintained by 365 Connect, L.L.C. ("365 Connect," "we," "our" or "us") and is licensed for use by us to the legal entity ("Subscriber") that owns or manages the property featured on this Website (collectively the "Property Management Company"). These Terms of Use apply solely to this Website. The terms "you," "your," and "user" refer separately to each person (each individual and each entity for whom the individual acts) that accesses or uses the Website, including but not limited to prospective residents, residents, and the Property Management Company.

By using this Website, establishing an account on this Website, posting any information on this Website, or otherwise benefitting from this Website in any manner, you agree with us to these Terms of Use in their entirety. If you are under the age of 13 do not use this Website. If you are under the age of majority in your state (If you are a minor), do not use this Website without consent of a parent of legal guardian.

Your use of this Website is also subject to the terms of use contained within the Website that apply to particular parts of the Website, which more specific terms shall control to the extent of any conflict with the terms herein. You agree to familiarize yourself with the more specific terms on this Website and abide by them if you use the pages or services to which they apply.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.

365 CONNECT IS NOT A PARTY TO ANY LEASE TRANSACTION

This Website is operated by us for the Property Management Company, but we do not represent the Property Management Company. We do not own or manage the property(s) featured on this Website, and we do not enter into leases for any of the property(s) in any capacity. Any leases that you enter into through the Website (electronically or otherwise) are with the Property Management Company or another third party, and not us. We are not a party to, and are not liable for, any such leases. The Property Management Company or other third party may impose requirements on users in connection with lease-related transactions and activities facilitated through the Website; any such requirements are imposed solely by, and are the sole responsibility of the Property Management Company or other third party. The terms of any such leases are determined solely by you and the countersigning third-party, and not by us.

You acknowledge and understand that we do not (a) provide legal, brokerage or other professional advice or services to any property managers, owners or others who list properties or otherwise use the Website; (b) participate in any negotiations with respect to leases or other transactions between you and third-parties, or (c) guarantee, endorse, or ensure a rental property or any lease or other transaction between any user and any property manager, owner or any other person or entity.

You agree (a) that you will not execute a lease electronically without intending that such execution signify your legally binding consent; (b) that we make no representation or warranty with respect to the legal sufficiency, validity, or enforceability of the electronic execution of the lease under any applicable laws or regulations; (c) that you will rely on your own legal counsel to determine the legal sufficiency, validity, and enforceability of the electronic execution of the lease; (d) that you will address any issues or disputes about any leases directly with such third-party, and not with us; (e) that we shall have no liability relating to any communications, contracts, or other interactions between you and the Property Management Company or any other users of the Website or any other third party; and (f) in the event of any dispute between any you and any third party, you release us from and will indemnify us against any claims, demands, causes of action, damages, and expenses of every kind and nature, whether known or unknown, arising out of or relating in any way to such dispute.

CERTAIN USE LIMITATIONS

365 Connect grants you a nonexclusive, nontransferable, revocable, limited license to access and use this Website solely for personal, non-commercial purposes, conditioned on your continued acceptance of, and compliance with, these Terms of Use. All rights not expressly granted herein are reserved.

You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.

You represent, warrant, and agree that any information or materials you submit to or post on the Website (a) shall be true, accurate, and current; (b) will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy, or Fair Housing right; (c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar, or obscene; (c) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another's use of the Website; (d) will not promote illegal, or harmful activities; and (e) will not be illegal, unlawful, or contrary to any applicable laws or regulations where created, displayed, or accessed.

You agree not to (and not to assist any third-party to): (a) engage in commercial use of the Website or any content on the Website; (b) 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 Website for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Website or any content or other material obtained via the Website or any services on the Website; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website, such as for purposes of constructing or populating a searchable database of business or property reviews; (e) collect or harvest any information about other users for any purpose; (f) reformat or frame any portion of the web pages that are part of the Website; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as "spam" to other users or otherwise interfere with other users' enjoyment of the Website; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Website to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code used to generate web pages on the Website; (l) use any device, software or procedure that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (m) take any action that imposes an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of the Website; (o) use the Website to violate any law or regulation, including but not limited to Fair Housing laws and regulations, or (p) use the Website for any purpose that is unlawful, prohibited, or unauthorized by these Terms of Use.

THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES

This Website features information, materials, products, and services provided by third parties, including the Property Management Company, content providers, payment processors, advertisers, and other users ( collectively, the "Third Party Information"). All such information, materials, products, and services made available by a third party, such as property information, applications, lease agreements, leasing information, floor plans, property management practices or policies, apartment rentals, background checks and other prospective renter screening services, payment processing services, user reviews, local news, and educational resources, are those of the third party and not us. We make no representation or warranty with respect to, nor do we guarantee or endorse, and we disclaim any express or implied warranty relating to, the accuracy, completeness, quality, timeliness, non-infringing nature, legality, condition, or reliability of any third party information, materials, products, or services.

You agree that we have no responsibility or duty to review, pre-screen, or approve, and that we shall not be responsible or liable for, any third party information, materials, products, or services or any loss or damage of any kind arising out of or relating to any of them. Without limiting the generality of the foregoing, you agree that we have no responsibility for, and no liability for any damages or expenses arising out of or relating to, any: (a) lease transactions, including without limitation negotiations, offers, agreements, establishing rents or fees, or any related communications; (b) legal, brokerage or other related professional services or advice; (c) inspection, screening or pre-approval of rental properties; (d) verification, screening or pre-approval of property listings; (e) evaluation, screening or pre-approval of the Property Management Company or other advertisers who post listings or other content on the Website; or (f) the amounts of any payments made or due between you and any third party with respect to any product or service.

If you choose to communicate or contract with any third party, or use any information, materials, services, or products of any third party, you agree that you will address any issues or disputes regarding such matters directly with the third party, and not us. You acknowledge that your participation in any services provided by a third party or purchase of any product from a third party will constitute your consent to such third party's terms of service or terms of use with respect to such service or product.

The Website utilizes Google Maps, Google Translate, and related content licensed to us by Google and its licensors. By using the Google Maps and Google Translate features available on the Website, you are agreeing to be bound by the applicable policies, terms and conditions of Google.

LINKS TO THIRD PARTY SITES

This Website may contain links, inline frames, feeds, embedded content to or from websites (collectively, "Links") operated by parties other than us. Such links are provided for your convenience only, and do not indicate any endorsement of the material on such websites or any association with their operators. You agree that we are not responsible or liable for such websites, the availability or contents of such websites, any products or services they offer, or any damages any of the foregoing may cause you.

SMS TEXT MESSAGES

This Website features the ability for you to request communication through SMS text messaging correspondence. We do not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Your wireless carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. Your carrier may impose message or charge limitations on your account. All charges are billed by and payable to your wireless carrier. Please contact your wireless carrier for information about your messaging plan.

Through your submission of your phone number to this Website, you represent that you are the owner, or authorized user of the wireless device you use, and that you are authorized to approve the applicable charges. You consent to receiving SMS text messaging correspondence from third parties, such as the Property Management Company, content providers, payment processors, advertisers, and other users. Data obtained from you in connection with this SMS text messaging service may include your mobile phone number, your carrier's name, the date, time, content of your messages, and other information that you may provide. Your wireless carrier and other service providers may also collect data from your SMS usage, and their practices are governed by their own policies. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

You agree that we are not responsible or liable for any SMS text messaging, charges you incur, the availability or content of such SMS text messaging, any products or services they offer, or any damages any of the foregoing may cause you. We will not be liable for any delays or failures in your receipt of any SMS text messaging as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS text messaging services are provided on an AS IS, AS AVAILABLE basis, and we reserve the sole exclusive right to discontinue this service at any time.

RENTAL APPLICATIONS

This Website may provide the ability to apply for rental housing through an electronic application process ("Application"). You acknowledge and understand that (a) we do not guarantee, endorse, or ensure a rental property or any approval or other transaction between any user and any property manager, owner or any other person or entity; (b) that you will not execute an Application electronically without intending that such execution signify your legally binding consent; (c) that we make no representation or warranty with respect to the legal sufficiency, validity, or enforceability of the electronic execution of the Application under any applicable laws or regulations; (d) that you will rely on your own legal counsel to determine the legal sufficiency, validity, and enforceability of the electronic execution of the Application; (f) that you will address any issues or disputes about any Application directly with such third-party, and not with us; (g) that we shall have no liability relating to any Application, communications, contracts, or other interactions between you and the Property Management Company or any other users of the Website or any other third party; and (h) in the event of any dispute between any you and any third party, you release us from and will indemnify us against any claims, demands, causes of action, damages, and expenses of every kind and nature, whether known or unknown, arising out of or relating in any way to such dispute.

PAYMENTS

This Website may provide the ability for you to submit payments including application, rental deposits, rental payments, or any other services or transactions ("Payments"). You acknowledge and understand that (a) any Payments you submit through the Website are for services provided by the Property Management Company or any other users of the Website or any other third party and not by us; (b) the payment amounts required for those transactions are determined solely by you, the Property Management Company or any other users of the Website or any other third party and not by us; (c) we do not guarantee the approval, transmittal of any Payments you make, or other transactions between any user and any property manager, owner, or any other person or entity; (d) that you will address any issues or disputes about any Payments directly with such third-party, and not with us; (e) that we shall have no liability relating to any Payments, communications, contracts, or other interactions between you and the Property Management Company or any other users of the Website or any other third party; and (f) in the event of any dispute between any you and any third party, you release us from and will indemnify us against any claims, demands, causes of action, damages, and expenses of every kind and nature, whether known or unknown, arising out of or relating in any way to such dispute.

USE OF ONLINE WEB COMMUNITIES

You agree to use any bulletin board services, chat areas, news groups, forums, blogs, instant messaging, and/or other message or communication facilities on this Website (collectively, "Communities") to post, send, and download only messages and material that are legal, proper, non-injurious, and reasonably related to the particular Community. Without limiting the foregoing, you agree that when using a Community, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; (d) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (e) advertise or offer to sell any goods or services for any commercial purpose; (f) conduct or forward surveys, contests, pyramid schemes or chain letters; (g) download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; (h) falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any other person; or (i) restrict or inhibit any other user from using and enjoying the Communities.

We have no obligation to monitor the Communities, and do not endorse the content, messages or information found in any Community. However, we reserve the right to edit, refuse to post, and to remove any information or materials on any Community, in whole or in part, at any time, in our sole discretion. You agree that we have no responsibility or liability for any information or material posted by you or any other user or third party on any Community, and that you post and read any Community information at your own risk. You agree to indemnify and hold us and our members, managers, officers, employees, and affiliates harmless from any claim, demand, suit, damages, liability, or expense, including reasonable attorney's fees, arising out of or relating to your posting, reading of any information or material on, or any other kind of participation in any Community.

By posting messages, uploading files, inputting data, or engaging in any other form of communication in any Community or otherwise through this Website, you grant to us and our affiliates, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right, license, and permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, and/or sell any such communication throughout the world in any media for any purpose, including marketing and other business activities. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.

REVIEWS AND CONTENT SUBMISSIONS

This Website allows you to provide and submit certain content in the form of a review or rating (collectively, "Reviews") as to your experience in visiting or living at the property(s) featured on this Website. Without limiting the foregoing, you agree that when posting Reviews, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (c) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto, or have received all necessary consents; (d) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (e) advertise, or offer to sell any goods or services for any commercial purpose; (f) conduct or forward surveys, contests, pyramid schemes or chain letters; (g) download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; (h) falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any other person; or (i) restrict or inhibit any other user from using and enjoying the Reviews.

By posting messages, uploading files, inputting data, or engaging in any other form of content submission or communication through this Website, you grant to us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right, license, and permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, and/or sell any such content throughout the world in any media for any purpose, including marketing and other business activities. The foregoing grants shall include the right to exploit any proprietary rights in such content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

PRIVACY

You agree that we and the Property Management Company may collect, use, and share information about you in any manner permitted by the Privacy Policy posted on this Website. You acknowledge that all communications in Communities are public and not private communications, and you agree to use caution when giving out any information about yourself or your children in any Community. You agree to indemnify, and hold us and our members, managers, officers, employees, and affiliates harmless from any claim, demand, suit, damages, liability, or expense, including reasonable attorney's fees, arising out of, or relating to your participation in any communications in Communities.

PERSONAL DATA UNDER THE GDPR

We may process personal data as part of the Services, to which certain data protection of privacy laws may apply, including the European Union's General Data Protection Regulation ("GDPR"). For the purposes of this Terms of Service, personal data shall have the meaning set forth in our Privacy Policy. Please refer to our EU Privacy Policy for complete information on what personal data we collect and how we process and disclose it.

Under the GDPR our Subscriber may qualify as the "controller" and we may qualify as the "Processor" for personal data that we store, transmit or manage for Subscriber. By uploading and storing content on our servers you acknowledge and agree that we shall act as a data processor regarding your content.

YOUR ACCOUNT

You agree that you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your password or your account. You agree: (a) that you will not disclose your Site password to anyone, (b) that you will not allow others to utilize your account, (c) to ensure that you will fully exit from your account at the end of each session, (d) to immediately change your password if you become aware that your account has been compromised, (e) to immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (f) that you will be solely responsible for safeguarding your password, and for any actions taken under your password or account, whether authorized by you or not.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website ("Software") is the copyrighted work of 365 Connect and/or its suppliers. Your use of any Software is governed by the terms of the end user license agreement, if any, that accompanies, or is included with the Software. You may not install or use any Software that is accompanied by, or includes a license agreement unless you first agree to the license agreement terms. For any Software not accompanied by a license agreement, we hereby grant to you, the user, a personal, non-transferable license to use the Software solely for viewing and otherwise using this Website in accordance with these Terms of Use. You agree to keep intact all copyright and other proprietary notices.

All Software, including without limitation to all code and active controls contained in this Website, is owned by 365 Connect and/or its suppliers and is protected by copyright laws and international treaty provisions. Any unlicensed reproduction or redistribution of any Software, including without limitation all code and active controls contained in this website, is expressly prohibited by law, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of any Software to any other server or location for further reproduction or redistribution is expressly prohibited.

TRADEMARKS

The Website may display certain trademarks, trade names, service marks, designs or design marks, logos, designations and symbols on the Website (collectively, the "Marks"), which all whether or not registered in the United States, are owned, controlled, adopted, and used as the sole exclusive property of 365 Connect. The Website may also contain Marks that belong to others, such as the Property Management Company or third-parties, which are their respective sole exclusive properties. You agree not to (and not to assist any third party to): (a) engage in commercial use of the Marks displayed on the Website; (b) 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 Marks displayed on the Website for other than your own personal, non-commercial use; (c) remove any Marks or other proprietary rights notices contained in or on the Website or any content or other material obtained via the Website or any services on the Website; (d) modify, adapt, translate, or reverse engineer any portion of the Marks, or (e) use the Marks for any purpose that is unlawful or prohibited or unauthorized by these Terms of Use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The information, software, products, and services included on this Website, including Third Party Information leasing information, floor plans, local news, video content, and educational resources, may include inaccuracies, out-of-date information, and/or typographical errors. Any advice or other information you receive via this Website should not be relied upon for personal, medical, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.

We make no representations or warranties about the suitability, reliability, timeliness, availability, security, performance, condition, or accuracy of any information, software, products, content, services, Third Party Information, or related graphics contained on this Website for any purpose. All such information, software, products, services, Third Party Information, and related graphics are provided "AS IS" and "AS AVAILABLE" without warranty of any kind. We hereby disclaim all warranties with regard to the information, software, products, services, Third Party Information, and related graphics on this Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement arising from a course of dealing, course of performance, or usage. Without limiting the generality of the foregoing, we specifically make no, and disclaim any, representation or warranty (a) regarding the services, advice, information, Third Party Information, or links obtained through the Website; (b) that the Website or any information, Third Party Information and materials therein will meet your requirements; (c) that the Website or any functions contained in the Website will be error-free, secure, timely, or uninterrupted; (d) that the results that may be obtained from the use of the Website, Third Party Information, or information and materials therein will be accurate, reliable, or available; (e) that any errors in the Website, Third Party Information, or information or materials therein will be corrected; or (g) that the Website and its contents, any Third Party Information, and any server that makes the Website available are free of any viruses or other harmful components.

In no event shall we be liable for any indirect, punitive, incidental, special, or consequential damages whatsoever, or any damages for loss of use, data, or profits, or any damages of any kind in excess of $100, in each case arising out of, or in any way connected with any use or performance of this Website, any delay or inability to use this Website, any provision of, or failure to provide services through this Website, or any Third Party Information, information, software, products, services or related graphics obtained through this Website, whether based on contract, tort, negligence, strict liability or otherwise, even if we were advised of the possibility of the damages or the damages were foreseeable.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 365 CONNECT, AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) EVEN IF 365 CONNECT OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Because some states, laws, and other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages, some or all of the above disclaimers or limitations may not apply to you, and you might have additional rights.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold us and our members, managers, officers, employees, and affiliates harmless from and against all claims, demands, suits, damages, losses, liabilities, and expenses, including reasonable attorney's fees, arising out of or relating to (a) your breach of any of these Terms of Use or other terms of use contained on this Website; (b) your negligence, misconduct, or other wrongful acts or omissions; (c) your use or misuse of this Website, or any of the Third Party Information, materials, products, or services available on or through this Website including any content you posted on the site; (d) any action of any person with whom you shared your password, account, computer, or other device; (e) any information or material you submitted to or posted on the Website; (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality, Fair Housing, or proprietary rights of any third-party, or any violation of any law or regulation, arising from your use of the Website; or (g) your use of the electronic signature lease execution functionality of the Website (including without limitation to the enforceability of an electronically signed lease).

FORCE MAJEURE

In the event that 365 Connect is unable to perform any of its obligations under the Terms of Use due to an event ("Force Majeure Event") beyond its control, such as a natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of god, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure, it shall not be in breach of its obligations under the Terms of Use, or incur any liability to any party for any losses or damages of any nature whatsoever, which were incurred or suffered by a Force Majeure Event.

LIMITATIONS PERIOD

You agree that any claim or cause of action you may have arising out of, or relating to your use of the Website or any information, software, product, or service thereon, must be filed by you within one year after such claim or cause of action arose or be forever barred.

MODIFICATION OF TERMS OF USE

We reserve the right to change these Terms of Use, and any other terms of use on the Website, at any time in its sole discretion, without prior notice, and without liability to you of any kind, by posting the modified Terms of Use, or other terms of use on this Website. By using the Website after our posting of any changes to these Terms of Use or other terms of use (other than simply to read the modified terms and delete your account), you agree to the changes and the modified terms. All changes shall be effective immediately upon posting, shall apply prospectively only, and no change shall apply to any dispute, controversy, or claim pending, or in progress at, or arising before, or out of events occurring before, the time of the change, or alter any provisions with respect to a matter occurring prior to the time of the change.

APPLICABLE LAW

By using the website you agree that the laws of the State of Louisiana, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.

DISPUTES

ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN NEW ORLEANS, LOUISIANA EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.

CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA'S CONSUMER RULES"), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THESE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION'S WEBSITE.

YOU AND US AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS, OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM. THE ARBITRATOR SHALL APPLY LOUISIANA LAW, AND THE ARBITRATOR'S AWARD SHALL BE BINDING, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.

IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE COURT LOCATED IN NEW ORLEANS, LOUISIANA.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules.

Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our rights to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website, or information provided to, or gathered by us with respect to such use.

You may not assign or transfer any of your rights or obligations under these Terms of Use, in whole or in part, without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void, and of no force or effect. We may assign any and all of our rights and obligations under these Terms of Use freely at any time without notice. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of your and our successors, and permitted assigns.

Our failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall our waiver of any breach, or default of these Terms of Use constitute a waiver of any subsequent breach, or default or a waiver of the provision itself.

Whereas the Website has a feature that enables translation of these Terms of Use into a language other than English, the Terms of Use will be governed by the English language version.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between you and us with respect to this Website, except as otherwise indicated in these Terms of Use.

DIGITAL MILLENNIUM COPYRIGHT ACT

We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If we become aware that one of its Users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.

If you file a notice by mail with us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3) . That means the notice must (a) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identify the copyrighted work that is claimed to have been infringed; (c) identify the material that is claimed to be infringing, or to be the subject of the infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; (d) provide your contact information, including your address, telephone number, and an email address; (e) provide a personal statement that you have a good-faith belief, that the use of the material in the manner complained of, is not authorized by the copyright owner, its agent, or the law; and (f) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Website infringes a copyright that you own or control, please contact us as follows:

EMAIL: notices@365connect.com

ATTN: Copyright Agent

CONTACTING THE WEB SITE

If you have any questions about this Terms of Use, the practices of this Website or your dealings with this Website, or have a question regarding the products or services offered by any of the third-party providers, please email us at: notices@365connect.com

PROVISIONS FOR PROPERTY MANAGEMENT COMPANY ONLY

The provisions of this section apply only to the legal entity ("Subscriber") that owns or manages the property featured on this Website (collectively, the "Property Management Company," "you" or your"), whom 365 Connect, LLC ("365 Connect," "we," "our" or "us") grants a personal, nonexclusive, nontransferable, revocable, limited license to access and use this Website, add-on components, and services. This access and use is solely conditioned on continued acceptance of, and compliance with, these Terms of Use. All rights not expressly granted herein are reserved. All of the foregoing Terms of Use on this Website are applicable to you and to each of your personnel, staff, employees, contractors, and any and all parties whom you are affiliated that use this Website, just as any other user. Moreover, the following provisions also apply to you, the Property Management Company. If a written service agreement is in force between you and us or any third party whom is authorized to resell, license, or enter into a service agreement on our behalf, these Terms of Use are at all time incorporated herein by reference as if recited verbatim in any service agreement.

SERVICES AND DUTIES: We provide a variety of web-based hosted platforms ("Platforms") including but not limited to online marketing, leasing, resident services platform, and various add-on components and services. These Platforms may be operated as a property-specific service under the primary branding of the Property Management Company's property, and the Property Management Company's prospects, users and residents may access these Platforms through a link or login from a property-specific website domain address. You are responsible to use, promote, and market the Platforms at the property in which you have authority to use the Platforms and engage these services.

PAYMENTS, FEES, AND TERMINATION: Your payments are due in accordance with our standard billing procedures. If required, we will provide you a monthly invoice, which will be sent to either the physical or email address you provided us for the property. All payments are due in full, and you do not have the right to offset, adjust, or merely refuse to pay any fees or invoices due. Marking a payment with wording, or notating an attached letter with such wording as "Acceptance of this check is payment in full," "final and full payment," or similar words, does not constitute our acceptance of payment, unless it is paid in full. We retain the right to accept and cash payments with any wording written on them without waiving our rights to full payment of any amounts due. Should collection proceedings become necessary, you agree to pay all reasonable costs and attorney fees incurred in enforcing collection. You may request additional services for additional monthly service fees. Should additional services be added, they will automatically become incorporated in these Terms of Use, and the additional service fees will be added to the monthly invoice. We maintain the right to increase our service fees at any time by giving notice of each increase to you. We have the right to restrict the access of any and all users from the Platforms should you fall in arrears on any service fees. We have the right to terminate any or all services without notice in the event you are delinquent thirty (30) days or more on any service fees. In the event of termination, any and all rights, licenses, and access to use this Website, and any add-on components and services shall immediately terminate. All service fees are non-refundable.

TAXES: You are responsible for determining whether sales, use, services, and other taxes apply to any transaction, dealings, or use of the Platforms. It is your sole responsibility to collect, report, and remit the correct tax to the appropriate tax authority. We are not obligated to determine whether sales, use, services, or similar taxes apply relating to any transactions, dealings, or use of the Platforms, and, except as stated expressly on the Platforms, are not responsible for collecting, reporting, or remitting any sales, use, services, or similar taxes arising from any transactions, dealings, or use of the Platforms.

OPERATION AND LINKS: We do not warrant that the operation of our service will be uninterrupted or error-free. You acknowledge that the Platforms contain links, inline frames, feeds, embedded content (collectively, "Links") to or from other websites, and we do not warrant the function or accuracy of any linked sites. Certain services and products throughout the Platforms are provided by third parties, and we do not warrant the sale, use, or function of any products or services of any third party.

STORED AND PUBLIC FACING INFORMATION: You agree that we have no responsibility or liability for any information, material, pricing, content, graphics, links, and other data (collectively, "Information") provided by you, your employees, contractors, vendors, third parties, software integrations, and others. We assume no responsibility for the accuracy of the Information displayed or stored on the Platforms. All Information provided on the Platforms are provided on an AS IS, AS AVAILABLE basis, with all faults without warranty of any kind, either express or implied. We hereby disclaim all warranties, expressed or implied, including, without limitations, those of merchantability, fitness for a particular purpose, and non-infringement or arising from a course of dealing, usage or trade practice. You agree to indemnify and hold us and our members, managers, officers, employees, and affiliates harmless from any claim, demand, suit, damages, liability, or expense, including reasonable attorney's fees, arising out of or relating to your posting of any Information on the Platforms.

DATA BACKUP: You agree that we have no obligation, responsibility, or liability to backup or archive any information, materials, pricing, content, graphics, links, and / or any other data provided (collectively, "Information") by you, your employees, contractors, vendors, third parties, software integrations, and others. You, at all times, will be solely responsible for ensuring that you maintain a copy of any of the Information you uploaded, displayed, or stored on the Platforms. You agree to indemnify and hold us and our members, managers, officers, employees, and affiliates harmless from any claim, demand, suit, damages, liability, or expense, including reasonable attorney's fees arising out of or relating to your backup or archiving of any Information on the Platforms.

PERSONAL INFORMATION COLLECTION: The Platforms contain certain services and features that allow for the submission of forms to enable the Property Management Company's prospects, users, and residents to submit an inquiry, contact, or schedule a visit to the property, by text message or email. Further, the Platforms may be enabled to allow for submission, through a link or login, of lease applications, payments, request for services, lease detail overviews and documents, and uploaded information images, such as driver's license, social security cards, banking documents, employment payment verification, vehicle license plates, photographs, and other documents the Property Management Company has configured the Platforms to accept, to fit within its business practices. You acknowledge that we merely host or process data and personal information about prospects, users and residents on behalf of the Property Management Company, and are a data processor, and not a data controller with respect to any personal information. You certify to us that the Property Management Company makes their own decisions about how or why personal information is to be processed, including any disclosure or transmission to third parties, and you agree to indemnify, and hold us and our members, managers, officers, employees, and affiliates harmless from any claim, demand, suit, damages, liability, or expense, including reasonable attorney's fees, arising out of, or relating to, your use or transmittal of any personal information that is hosted, or processed on the Platforms.

COMPLIANCE UNDER THE GDPR: We collect personal information from our Website in order to provide information, facilitate communication, transactions, and services between the Property Management Company and its prospects, users, and residents. You acknowledge that we may process personal data as part of the certain services and features the Platforms provides, to which certain data protection of privacy laws may apply, including the European Union's General Data Protection Regulation ("GDPR"). Under the GDPR you may qualify as the "controller," and we may qualify as the "processor" for personal information that we store, transmit, or manage for you. By uploading and storing personal information on our servers, either through submission by you or your prospects, users, and residents, you acknowledge and agree that we shall act as a data processor regarding any personal information. You agree to indemnify and hold us and our members, managers, officers, employees, and affiliates harmless from any claim, demand, suit, damages, liability, or expense, including reasonable attorney's fees, arising out of or relating to your use or transmittal of any personal information under GDPR that is hosted or processed on the Platforms.

SITE CONTENT: You acknowledge that the Platforms contains content procured, moderated, written, purchased, licensed, or originated (collectively, "Content") by us. This Content is the sole property of us, and you merely have a license to use this Content in relation to your use of the Platforms. At all times, we maintain the sole exclusive rights to republish, reuse, alter, or modify this Content, in our sole discretion. You will not at any time directly or indirectly copy or create derivative works of this Content. The provisions of this paragraph, among others, shall survive the termination of this agreement. You acknowledge that Content is part of the development of the Platforms, and is not a work-for-hire.

SITE IMAGES: You acknowledge that the Platforms contains images, graphics, icons, photos, stock photos, illustrations, video, and artwork procured, purchased, licensed or originated (collectively, "Imagery") by us. This Imagery is the sole property of us, and you merely have a license to use this Imagery in relation to your use of the Platforms. At all times, we maintain the sole exclusive rights to republish, reuse, alter, or modify this Imagery, in its sole discretion. You will not at any time directly or indirectly copy or create derivative works of this Imagery. The provisions of this paragraph, among others, shall survive the termination of this agreement. You acknowledge that Imagery is part of the development of the Platforms and is not a work-for-hire.

RIGHTS TO SYNDICATE IMAGES, CONTENT, AND LISTINGS: You hereby grant to us, our subsidiaries, affiliates, and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use, any and all content that is displayed or submitted to this Website. You further grant to us express permission to syndicate listings of rental housing, blog postings, floor plans, unit pricing, images, reviews, and substantially any and all content that you submit to, or is displayed on this Website to any affiliated, non-affiliated, partner, or third-party website, publication, media source, or listing service that we, in our sole and exclusive discretion, deem appropriate.

SECURITY: You and your staff have control over the issuance, maintenance, and access of the passwords to access certain data on the Platforms. We do not guarantee the security, accuracy, or completeness of any information collected online, or any physical, electronic, or managerial procedures we have put in place in an attempt to safeguard and secure such information. We do not warrant the security of any information transmitted, uploaded, inserted, or stored on the Platforms.

SUPPORT SERVICES: Beginning on the date of delivery of the Platforms, and continuing during the term of service, we provide support services for technical failures during its normal business hours by phone or email. Should the Property Management Company require support services for issues other than technical failures, we reserve the right to charge its standard hourly rates, which will be quoted prior to services being performed.

THIRD PARTY INTEGRATION VENDORS: To the extent the Property Management Company elects to utilize the services of third party vendors to provide additional service functionality that may integrate with the Platforms, the Property Management Company acknowledges that it does so at its own risk, and that we assume no responsibility, and do not warrant the function, accuracy or reliability of the services of third party vendors.

INFORMATION, WARRANTY AND DISCLAIMER: The Platforms contain information, pricing, content, graphics, links, and other data provided by you, your employees, contractors, vendors, third parties, and others. We assume no responsibility for the accuracy of the information displayed on any Platform. All information provided on each Platform is provided "AS IS" with all faults without any warranty of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including without limitation those of merchantability, fitness for a particular purpose, and non-infringement, or arising from a course of dealing, usage, or trade practice.

LIMITATION OF LIABILITY: To the maximum extent permitted by law, neither we, our parent, affiliates, or subsidiaries, nor any of our or their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, or loss or damage, arising out of the use or inability to use the Platforms, or damages from the use of, or reliance on the information presented to us.

BENEFICIARY AND INDEMNITY: We shall be the third party beneficiary of your rights and remedies arising from your privacy policies and terms of use presented to prospects, applicants, residents, vendors, employees, contractors, third parties, and others using your website and any of our Platforms. You shall indemnify and hold us harmless from any and all claims, losses, costs, or damages of any nature whatsoever resulting in any way related to the use of your website and any of our Platforms.

TECHNOLOGY RIGHTS: You will not at any time directly or indirectly reverse engineer, recompile, reverse assemble, copy, or create derivative works based upon our proprietary technology. You further acknowledge and agree that any and all web properties contained inside of the Platforms, including without limitation, technology, intellectual property, software, templates, or other information, is the sole property of ours, and you merely have a license to use the Platforms. The provisions of this paragraph, among others, shall survive the termination of this agreement. You acknowledge that the development of the Platforms was not a work-for-hire.

OWNERSHIP AND TRADE SECRETS: You and we acknowledge and agree that, at all times relevant to this agreement, the services and their associated technology, intellectual property, and good will are our property, are unique, and are our protected trade secrets.

MISCELLANEOUS: Nothing contained in this agreement shall be deemed or interpreted to constitute the relationship between you and us as a legal partnership, agency, joint venture or any other relationship in which either you or we are responsible for, or shall incur liability to outside parties as a result of the actions or omissions of the other. This agreement shall not be for the benefit of, or enforceable by, any person or entity not a party hereto, and shall not confer any rights or remedies upon any party other than you and us, and our respective successors and permitted assigns. This agreement shall be interpreted under the laws of the State of Louisiana, and all claims brought by either us or you under this agreement shall exclusively be brought in a court of competent jurisdiction in the State of Louisiana.

Severability: In the event that any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect to the degree necessary to preserve the intent of the parties.

NOTICES: Any notice required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given: when received if personally delivered; when transmitted if transmitted by electronic mail (Email) and a receipt is obtained; the day after it is sent if delivered by overnight delivery service and a receipt is obtained; and five days after it is sent if mailed, first class certified mail, return receipt requested, proper postage prepaid. In each case notices shall be sent to the last known address of the other party.

END OF PROVISIONS FOR PROPERTY MANAGEMENT COMPANY ONLY

LAST MODIFIED: JULY 20, 2018

Chat Button