TERMS OF SERVICE
Revised: January 2019
These Terms of Service (“Terms”) govern your use of the Essex Apartment Homes website (the “Web Site”) and certain other services described below and offered by Essex (defined below) (“Services”). Essex Property Trust, Inc. and Essex Portfolio, L.P. (“Essex,” “we,” or “us”) provides the Web Site and Services. “You” refers to you as a user of the Web Site or Services.
BY USING THE WEB SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. If you do not agree to be bound by these Terms of SERVICE, please do not access or use THE WEB SITE OR SERVICES.
The Web Site and Services are not intended for use by children under the age of 13. You must be at least 13 years old to use the Web Site or the Services. We have no intention of collecting personally identifiable information from children under the age of 13, nor do we knowingly collect any personally identifiable information from children under the age of 13. If you are over the age of 13 but under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Web 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 Web Site and Services
You are responsible for your use of the Web Site and Services, and for any use of the Web 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. By way of example, you may not use the Web Site or Services to:
- 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 Web 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;
- scrape or crawl any Web pages contained in the Web 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 Web Site or Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Web Site or Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
We own or license all right, title, and interest in and to (a) the Web Site and Services, including all software, text, media, and other content available on the Web Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Web Site and Services, Our Content, and Marks are all protected under U.S. and international laws. Except as stated in these Terms and Conditions, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without Essex’s prior written consent.
You agree to grant Essex a non-exclusive, unrestricted, worldwide, and perpetual right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, transmit, publish, and otherwise use in any manner all or any portion of any material or information you post or submit to us (on or via the Web Site, or by means other than the Web Site, including without limitation via our social media pages and accounts such as Facebook and Twitter), and derivative works thereof, for any purpose whatsoever.
5. Third Party Portals.
Essex works with third party web site operators to provide services such as online rental applications, resident services, and investor relations information (“Portal Sites”). Essex’s Portal Sites may utilize framing techniques to make it appear that the user is still on the Web Site when the user is actually on a Portal Site. For example, if you are on a page that has the look and feel of www.essexapartmenthomes.com, but the URL listed in your browser is a different URL than www.essexapartmenthomes.com, then know that any information you provide is being collected by this third party and may not be governed by these Terms and Conditions. Among other things, the option to pay rent electronically may be made available by a third-party using a Portal Site. Electronic payments are governed by the Portal Site’s terms and conditions. Essex is not responsible for ensuring the uptime or functionality of any such service and if the electronic payment is not successful for any reason then the tenant should use an alternative method of payment.
6. User Interactions.
The Web Site may contain features that link you or provide you with access to third party services and content that are completely independent of Essex. For example, Yardi hosts and maintains the Resident Portal. Essex uses the Resident Portal to process payments, and you may interact directly with others through the Interactive Areas of the Resident Portal. Your interactions with organizations or individuals found on or through the Site are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Essex is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any of these dealings. If there is a dispute between users of the Web Site, or between users and any third party, you understand and agree that our Company is under no obligation to become involved. In the event that you have a dispute with any other user of the Web Site, you hereby release Essex and its affiliates, and their officers, employees, directors, shareholders, agents, and successors (“Affiliates”) from any claims, demands, costs, liabilities, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Web Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
7. Contact with Essex
By registering on this Web Site and providing your contact information, you (a) agree that your registration constitutes an inquiry and/or application for purposes of telemarketing laws, and (b) consent to receive calls, text messages (including SMS and MMS messages), and other electronic messages (including those made using an automatic telephone dialing system or an artificial or prerecorded voice) from us and from our affiliated entities at any phone number, email address, or other telephonic or electronic form of contact you provided, including your home, work, cellular, or other telephone number, even if that number is registered on a corporate, state, or National Do Not Call Registry. You also understand and agree that your consent to such calls, text messages and other electronic messages is not required to use the Services. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve any applicable charges and to consent to receive calls, texts or other communications at the number you provide.
10. Changes to the Web Site or Services
We enhance and update the Web Site and Services often. We may change or discontinue the Web Site or Services at any time, with or without notice to you.
11. Special Notice for International Use
This Web Site is hosted in the United States. Essex does not claim that this Web Site is appropriate for your specific jurisdiction. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use this Web Site if you are restricted by any local, state, national or international laws.
We reserve the right to not provide the Web Site or Services to any person. We also reserve the right to terminate, suspend, and/or block any user’s right to access the Web Site or Services at any time, in our sole discretion. If you violate any of these Terms, your permission to use the Web Site and Services automatically terminates.
13. Disclaimer and Limitations on Our Liability
YOU USE THE WEB SITE AND SERVICES AT YOUR OWN RISK. THE WEB 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, ESSEX AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEB SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEB 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 WEB 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 WEB SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEB 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 WEB SITE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB 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 WEB SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ESSEX 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 WEB 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.
You agree to indemnify and hold harmless Essex 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.
15. 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 Web 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.
16. 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 Web Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Web Site or Services, you are agreeing to the revised Terms.
Please print a copy of these Terms for you records and check the Web Site frequently for any changes to these Terms.