Terms of Service
These Terms of Service (“Terms”) govern your use of the Essex Apartment Homes website and tenant portal (collectively, the “Site”) and any other services offered by Essex (defined below) (“Services”). Essex Property Trust, Inc. (“Essex,” “we,” or “us”) provides the Site and Services. “You” refers to you as a user of the Site or Services.
BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.
- 1. Eligibility
You must be at least 13 years old to use the Site or the Services. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.
- 2. Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using that Service, you agree to the Additional Terms.
- 3. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:
• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing or submitting false information through an application or enrollment form;
• use any means to scrape or crawl any Web pages contained in the Site;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
- 4. Ownership
We own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws.
- 5. ACH Payment Agreement
This Section 5 (“ACH Agreement”) applies to your use of online payment Services available through the Site.
1.1 By submitting an ACH payment enrollment form through the Site and Services, you hereby authorize us to initiate one or more ACH debit entries to your checking or savings account, either on a one-time or recurring basis, as indicated on your enrollment form. If you authorize a debit entry or entries, an automatic withdrawal will be made in the amount of your payment order on the next banking day for one-time payments or on the first banking day of each subsequent calendar month for recurring payments. This ACH Agreement shall not alter, enlarge, or diminish the existing rights and obligations of the parties under your lease agreement with Essex.
1.2 You may cancel any single ACH payment or recurring ACH payments at any time, provided that Essex receives your cancellation notice at least 5 days prior to the payment date. To cancel a payment, you must notify the Essex leasing office in writing. In the event we receive a cancelation notice within the 5 days prior to the payment date, we reserve the right to process the cancellation in our discretion. For recurring payment cancellations, if we receive your cancellation notice within the 5 days prior to the payment date and do not process the cancellation effective for that payment, it will be effective for the subsequent recurring payment. Essex may terminate any single ACH payment or recurring ACH payments at any time.
1.3 This ACH Agreement may be altered, changed, or modified by Essex at any time by providing 10 days prior written notice to you. You and Essex shall each bear all of the respective fees and other charges assessed by each of our designated financial institution(s). If an authorized recurring debit entry from your account is rejected and no other provision is made for payment on or before the due date of that payment, your payment will be considered delinquent. Essex has no obligation to provide notice of delinquency to you. Essex reserves the right: (a) to adjust future authorized recurring debit entries from your account if any authorized recurring debit entry previously made is found to be duplicative, processed incorrectly, not processed, or in excess of or less than the authorized amount, (b) to choose the system used to process automatic bank debit entries and any third-party service provider it may use, and (c) to initiate debit or payment entries and adjustments to any authorized recurring debit entries made in error. Essex is entitled to rely upon the information supplied by you in your enrollment form. Each automatic withdrawal from your checking or savings account will be made in accordance with the information you provided in your enrollment form, or as your or any person purporting to represent you may otherwise specify in written notice received by Essex. Essex will not be responsible for any loss arising by reason of any error, mistake, or fraud with regard to such information and shall be under no obligation to verify the authority of any person who purports to act on your behalf.
- 6. Privacy
- 7. Links
- 8. Changes to the Site or Services
We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.
- 9. Termination
We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
- 10. Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ESSEX AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ESSEX AND ITS AFFILIATES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $5,000.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
- 11. Indemnification
You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by or the negligence or willful misconduct of you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
- 12. Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Santa Clara County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
- 13. Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.
Please print a copy of these Terms for you records and PLEASE check the Site frequently for any changes to these Terms.